BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1936 (Chávez) - Public postsecondary education: residency:
dependents of armed forces members
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|Version: February 12, 2016 |Policy Vote: ED. 9 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Jillian Kissee |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: This bill expands the current eligibility for resident
postsecondary tuition and fees currently provided for enrolled
dependents of an Armed Forces member who either transfers or
retires, to those that are admitted to the institution. This
bill requests the University of California (UC) to establish the
same residency benefits for students.
Fiscal
Impact:
The California Community Colleges indicates that costs would
likely be minor.
The California State University (CSU) anticipates that the
number of students would be affected by this bill would be
very low. CSU is unaware of any such instance occurring
AB 1936 (Chávez) Page 1 of
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within the system.
The UC indicates that this bill is consistent with current
practice.
Background: Existing law entitles a student who is a natural or adopted
child, stepchild, or spouse who is a dependent of a member of
the Armed Forces of the United States stationed in this state on
active duty to resident classification only for the purpose of
determining the amount of tuition and fees a student is charged.
Existing law prohibits such a dependent from losing resident
classification if the Armed Forces member is thereafter
transferred on military orders to a place outside this state or
retires as an active member of the Armed Forces, as long as the
student remains continuously enrolled at that institution.
(Education Code Section 68074)
This bill would expand this benefit to those dependents that has
been admitted so that if the service member transfers or retires
before the dependent has begun classes, the dependent would not
be charged out-of-state tuition.
Existing law provides that a "resident" is a student who has
residence in the state for more than one year immediately
preceding the residence determination date. (Education Code
Section 68017) According to the UC, the residence determination
date is the day instruction begins at the last of the UC
campuses to open for the quarter.
This bill is in response to a dependent of a service member that
granted a nonresident student a tuition exemption by the UC in
April, based on the service member being stationed in California
at that time and having orders to deploy out of state in January
2016. However, the deployment occurred earlier and because the
service member was not stationed in California on the first day
of class, the dependent was determined ineligible for in-state
tuition. The UC subsequently determined that an exception was
appropriate in this case due to several factors and reversed its
decision.
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