BILL ANALYSIS Ó
AB 1936
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
AB 1936
(Chávez) - As Introduced February 12, 2016
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.
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
AB 1936
Page 2
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:
At all three public higher education segments in California,
the UC, the CSU, and the CCC, the difference in tuition
charged residents vs non-residents is remarkable. With some
variation, the cost for non-residents is approximately triple
the cost for residents. At UC, the costliest of the three
segments, the resident tuition for 2015-16 is $12,192 vs
AB 1936
Page 3
$35,070 for non-residents. Setting aside policy arguments
about the cost differential between residents and
non-residents, for most students and their families, military
or not, a potential triple difference in cost will at the very
least factor into educational and financial decision-making
and planning.
Under California law, to qualify for an 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.
The servicemember's orders were changed and he was required to
report to his new duty station earlier than anticipated. The
UC uses the first day of classes as the Residence
Determination Date. As a result of the servicemember not being
stationed in California on "active duty" on the Residence
Determination Date of the first day of class, the UC campus
determined the service member's dependent was no longer
eligible 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
AB 1936
Page 4
campus determined that an exception to UC's policy was
appropriate in this case.
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.
Double-Referral: This bill passed out of the Higher Education
Committee on Consent.
REGISTERED SUPPORT / OPPOSITION:
Support
American G.I. Forum of California
American Legion- Department of California
AMVETS- Department of California
Military Officers Association- California Council of Chapters
National Association of Social Workers - California Chapter
AB 1936
Page 5
VFW- Department of California
Vietnam Veterans of America, California State Council
Opposition
None on File.
Analysis Prepared by:John Spangler / V.A. / (916) 319-3550