BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1936


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          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  








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            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  








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            $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  








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            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








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          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