BILL ANALYSIS Ó
AB 1936
Page 1
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.
AB 1936
Page 2
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
AB 1936
Page 3
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.
AB 1936
Page 4
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