BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1936


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          Date of Hearing:  April 5, 2016 


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 1936  
          (Chávez) - As Introduced February 12, 2016


          [Note:  This bill is double referred to the Assembly Veteran's  
          Affairs Committee and will be heard as it relates to issues  
          under its jurisdiction.]





          SUBJECT:  Public postsecondary education:  residency:   
          dependents of armed forces members


          SUMMARY:  Provides an exemption from nonresident tuition for  
          dependents of members of the Armed Forces, as specified.   
          Specifically, this bill:  


          1)Provides that if a member of the Armed Forces of the United  
            States stationed in California, whose dependent natural or  
            adopted stepchild, or spouse has been admitted to a public  
            postsecondary institution is thereafter transferred on  
            military orders out of state where the member continues to  
            serve, the student dependent shall not lose his or her  
            resident classification as long as he or she is continuously  
            enrolled.









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          2)Requests the Regents of the University of California (UC) to  
            establish the aforementioned residency benefits for students  
            enrolled at the UC.  


          3)Provides for reimbursement to local agencies and school  
            districts for costs associated with this bill, should the  
            Commission on State Mandates determine this bill contains  
            state mandated local costs.


          EXISTING LAW:  


          1)Provides that each student shall be classified as a resident  
            or nonresident at UC, the California State University (CSU),  
            or the California Community Colleges (CCC). (Education Code  
            Section 68040).


          2)Requires a student classified as a nonresident to pay, in  
            addition to other fees required by the institution,  
            nonresident tuition. (EC Sec. 68050).


          3)Provides numerous exemptions from nonresident tuition,  
            including for dependents of members of the Armed Forces  
            stationed in California on active duty.  Provides that a  
            student in attendance at a public institution that is granted  
            residency status shall retain that residency classification so  
            as long as he or she is continuously enrolled at that  
            institution.  (EC Sec. 68074). 


          FISCAL EFFECT:  Unknown.


          COMMENTS:  Background.  Under California law, to qualify for an  








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          exemption from nonresident tuition as a dependent child of a  
          member of the military, the service member must be stationed in  
          California on active duty as of the Residence Determination  
          Date.  In December of 2015, this committee was contacted by a  
          member of the armed forces regarding the UC nonresident tuition  
          exemption status of his dependent, whom had been accepted to a  
          UC campus.  According to the service member, his dependent was  
          granted a nonresident tuition exemption in April 2015 based on  
          his station in California and his orders showing his prospective  
          rotation date of January 2016.  


          According to the service member, as often happens within the  
          military, orders were changed and he was required to leave the  
          state earlier than expected.  As a result of not being stationed  
          in California on "active duty" on the Residence Determination  
          Date of September 24, 2015, the service member's dependent was  
          determined ineligible for the nonresident exemption.  


          According to documentation provided by the service member, the  
          decision was appealed and, in January of 2016, the UC campus  
          determined that based upon new information and unique  
          circumstances, it would be unreasonable to withhold a military  
          exemption due to the service member's requirement to report  
          prior to the original prospective rotation date.  The UC campus  
          determined that an exception to UC's policy was appropriate in  
          this case. 


          Purpose of this bill.  According to the author, this bill  
          specifies the point at which in-state tuition is granted to a  
          nonresident dependent to be at the time of admission or  
          attendance rather than just attendance.   According to the  
          author, applying a dependent's in-state residence classification  
          at the time of admittance rather than just attendance will  
          eliminate the issues that often arise when a member of the Armed  
          Forces is deployed before their dependent attends an  
          institution.








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          National Association of Social Workers - California Chapter




          Opposition


          None on File




          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960