BILL ANALYSIS                                                                                                                                                                                                    Ó



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          GOVERNOR'S VETO


          AB  
          2009 (Lopez)


          As Enrolled  September 8, 2016


          2/3 vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Higher          |12-0 |Medina, Baker, Bloom, |                    |
          |Education       |     |Chávez, Irwin,        |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Linder, Low,          |                    |
          |                |     |Santiago, Weber,      |                    |
          |                |     |Williams              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          |ASSEMBLY:  |57-18 |(June 2, 2016) |SENATE: |28-11 |(August 29,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
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          Original Committee Reference:  HIGHER ED.


          SUMMARY:  Requires the California Community Colleges (CCC) and  
          the California State University (CSU), and requests the  
          University of California (UC), to create Dream Resource Liaisons  
          and Centers on each campus, as specified; and, authorizes the  
          governing boards of the segments to accept private funds to  
          establish and operate the centers.  Specifically, this bill:  


          1)Finds and declares the following intent of the Legislature:


             a)   It is the intent of the Legislature to increase  
               enrollment and graduation rates among students meeting the  
               requirements of AB 540 (Firebaugh), Chapter 814, Statutes  
               of 2001, by requiring the designation of Dream Resource  
               Liaisons and encouraging the creation of Dream Resource  
               Centers at public institutions of higher education;


             b)   It is estimated that each year approximately 65,000  
               undocumented students graduate from high schools, and while  
               California has been a leader in enacting innovative and  
               bold laws to provide opportunities for undocumented youth  
               to attain higher education, only 20% of these students  
               attend college.  Many undocumented youth and their families  








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               are unaware of recent policy changes, such as the enactment  
               of AB 540, the California Development, Relief, and  
               Education for Alien Minors Act of 2011 (DREAM Act), and the  
               federal Deferred Action for Childhood Arrivals (DACA), that  
               make college graduation more attainable.  Currently, the  
               majority of college campuses do not have a centralized  
               location that provides specialized support services and  
               resources for students meeting the requirements of AB 540;


             c)   The creation of Dream Resource Centers would save staff  
               time and resources by streamlining all available financial  
               aid and academic opportunities for students meeting the  
               requirements of AB 540.  These Dream Resource Centers would  
               seek to empower and create a safe and welcoming environment  
               for those students.  These centers would increase  
               enrollment, transfer, and graduation rates among this  
               population; and,


             d)   A number of college campuses have acknowledged the needs  
               and challenges of these students and have created Dream  
               Resources Centers.  These include:  the University of  
               California, Los Angeles; the University of California,  
               Davis; the California State University, Los Angeles; the  
               California State University, Fullerton; and the California  
               State University, Northridge.  These centers provide, among  
               other things, informational workshops, legal clinics,  
               information on programs available to undocumented  
               immigrants, and peer mentoring and support services to  
               increase awareness of existing programs and available  
               resources, enhance professional development, and increase  
               employment opportunities.


          2)Requires the CCC and the CSU, and requests the UC, commencing  
            with the 2017-18 academic year, to create Dream Resource  
            Centers on each campus to assist students meeting  
            requirements, as set forth the Education Code (EC) Section  








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            68130.5 by streamlining access to all available financial aid  
            and academic opportunities for those students.


          3)Requires each campus of the CCC and CSU, and requests the UC,  
            to ensure that it has a staff person designated as a Dream  
            Resources Liaison who is knowledgeable in available financial  
            aid, services, and academic opportunities for all students  
            meeting the requirements pursuant to Education Code (EC)  
            Section 68130.5, including undocumented students.  


          4)Encourages each campus of the CCC, CSU, and UC, to place the  
            Dream Resources Liaison in the campus' extended opportunity  
            programs and services office or the educational opportunity  
            programs office, respectively, or the financial aid office.


          5)Encourages the CCC, CSU, and UC to establish Dream Resource  
            Centers on each of their respective campuses.


          6)Specifies that the Dream Resources Centers may offer support  
            services including, but not necessarily limited to:  a) state  
            and institutional financial aid assistance; b) academic  
            counseling; c) peer support services; d) psychological  
            counseling; e) referral services; and, f) legal services.


          7)Specifies that this measure shall not be construed as  
            encouraging the construction of new or separate space for  
            Dream Resource Centers.


          8)Specifies that Dream Resource Centers may be housed within  
            existing student service or academic centers; and, the space  
            in which a Dream Resource Liaison is located may be deemed a  
            Dream Resource Center.









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          9)Authorizes the CCC Board of Governors, the CSU Trustees, and  
            the UC Regents to seek and accept on behalf of the state any  
            gift, bequest, devise, or donation whenever the gift and terms  
            and conditions thereof will aid in the creation and operation  
            of Dream Resource Centers for their respective systems.


          10)Sunsets the measure on July 1, 2022.


          EXISTING LAW:  


          1)Qualifies for lower resident fee/tuition payments at the CCC,  
            CSU, and UC, a student who attended high school in California  
            for three (or equivalency) or more years, graduated (or  
            equivalency) from a California high school, enrolled at an  
            accredited institution of higher education in California not  
            earlier than the fall semester or quarter of 2001-02, and  
            files an affidavit with the institution of higher education  
            stating that the student has filed an application to legalize  
            his or her immigration status or will file an application as  
            soon as he or she is eligible.  These students are often  
            referred to as "AB 540 students" (EC Section 68130.5).


          2)Establishes the California DREAM Act to provide state,  
            including the Cal Grant Program and the CCC Board of Governors  
            Fee Waiver, and institutional financial aid to students who  
            qualify the aforementioned exemption from non-resident  
            tuition, students must apply by March 2 prior to the academic  
            year; Dream Act recipients receive Cal Grant Entitlement  
            awards, but are not eligible for Competitive Cal Grant awards  
            unless funding remains available after eligible California  
            students have received awards.  According to the California  
            Student Aid Commission (CSAC), in 2014-15, 38,473 students  
            completed a Dream Act Application, 8,195 awards were offered,  
            and 4,206 awards paid (EC Section 69508.5).








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          3)Establishes the California DREAM Loan Program intended to  
            provide low-interest loans to Dream Act students who are  
            accessing the Cal Grant program and attending UC and CSU.   
            These students are not eligible for federal student loans,  
            making it difficult for some to cover the total costs of  
            college.  The law requires the state and UC and CSU to split  
            the costs of launching the program.  The state would need to  
            provide about $4.7 million General Fund to begin the program.   
            The Governor signed SB 1210 (Lara), Chapter 754, Statutes of  
            2014, but does not provide funding in the 2015-16 Budget for  
            the program (EC Sections 70030-70039).


          FEDERAL LAW:  On June 15, 2012, the Secretary of Homeland  
          Security, under the direction of President Obama, announced the  
          DACA policy, providing certain people who came to the United  
          States as children and meet several guidelines authority to  
          request consideration of deferred action for a period of two  
          years, subject to renewal.  They are also eligible for work  
          authorization.  Deferred action is a use of prosecutorial  
          discretion to defer removal action against an individual for a  
          certain period of time.  Deferred action does not provide lawful  
          status.


          Individuals may request consideration of DACA if they meet the  
          following requirements:


          1)Were under the age of 31 as of June 15, 2012;
          2)Came to the United States before their 16th birthday;


          3)Have continuously resided in the United States since June 15,  
            2007, up to the present time;










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          4)Were physically present in the United States on June 15, 2012,  
            and at the time of making the request for consideration of  
            deferred action;


          5)Had no lawful status on June 15, 2012, meaning never had a  
            lawful immigration status on or before June 15, 2012, or any  
            lawful immigration status or parole obtained prior to June 15,  
            2012, that had expired as of June 15, 2012;


          6)Currently in school, have graduated or obtained a certificate  
            of completion from high school, have obtained a General  
            Educational Development certificate, or are an honorably  
            discharged veteran of the Coast Guard or Armed Forces of the  
            United States; and,


          7)Have not been convicted of a felony, a significant  
            misdemeanor, three or more other misdemeanors, and do not  
            otherwise pose a threat to national security or public safety.
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)UC.  No additional cost, as UC indicates it has established a  
            center at every campus, though some are in shared spaces.


          2)CSU.  Four of CSU's 23 campuses have centers.  It is unknown  
            how many campuses would designate an existing staff as the  
            liaison versus adding a new position.  If ten campuses hired a  
            full-time position, assuming $80,000 cost per campus,  
            statewide costs would be $800,000 annually.  It is assumed CSU  
            campuses (and CCC campuses) could establish Dream Resources  
            Centers within existing campus space (General Fund (GF)).


          3)CCC.  Assuming ongoing cost at the 113 campuses would average  








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            75% of CSU costs, total CCC costs would be $6.8 million  
            annually.  To the extent a community college has already  
            designated a liaison, the state mandate in this bill would  
            nevertheless require the state to pay the ongoing costs for  
            this position (GF-Prop. 98).


          COMMENTS:  Need for this measure.  According to the author, in a  
          recent study conducted by the UndocuScholars Project,  
          undocumented students expressed concerns and frustrations for  
          the lack of knowledge that college faculty, staff, and  
          administrators have regarding policies and services available  
          for the undocumented students.  The author contends that,  
          "Currently, there is no law that ensures that California public  
          colleges and universities give adequate support to the  
          undocumented student populations at their respective campuses to  
          obtain their educational goals."


          This measure seeks to address the issue faced by undocumented  
          collegiate students by creating a centralized space that said  
          students will be able to utilize in order to access necessary  
          resources and opportunities to ensure they succeed, regardless  
          of their immigration status.


          Background.  According to information provided by the author, it  
          is estimated that each year approximately 65,000 undocumented  
          students graduate from high schools in the United States.  Since  
          the passage of AB 540 (Firebaugh) Chapter 814, Statutes of 2001,  
          California Dream Act, DACA, and other pieces of legislation,  
          college affordability has become more attainable for  
          undocumented students in the state.  


          The University of California at Los Angeles created the first  
          resource center to serve undocumented students.  Since that  
          time, several other campuses of the UC and CSU have created  
          resource centers.








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          Previous legislation.  AB 1366 (Lopez) of 2015, which is  
          currently on the Senate Floor Inactive File, is similar in  
          nature to this measure.


          GOVERNOR'S VETO MESSAGE:


               The bill requires public colleges and universities to  
               have a staff member who is knowledgeable about  
               financial aid and academic opportunities for  
               undocumented students and also encourages the creation  
               of resource centers for these students.


               The state has long recognized that dreamers should pay  
               resident tuition at public colleges and universities  
               and also be eligible to receive financial aid.  At  
               this stage, all of our higher education institutions  
               ought to be well-versed in the rights and  
               opportunities available to undocumented students.


               Rather than reinforcing state law with an additional  
               law, I am calling upon University of California  
               President Janet Napolitano and California State  
               University President Tim White to ensure that relevant  
               campus personnel can ably fulfill these duties, and I  
               will request incoming California Community Colleges  
               Chancellor Eloy Oakley to help our 113 community  
               college campuses do the same.




          Analysis Prepared by:                                             
                          Jeanice Warden / HIGHER ED. / (916) 319-3960   








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