AB 2750,
as amended, Gomez. Postsecondary education:begin delete Donahoe Higher Education Act.end deletebegin insert exemption from nonresident tuition.end insert
(1) Existing law exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. These requirements include either high school attendance in California for 3 or more years or the attainment of credits earned in California from a California high school equivalent to 3 or more years of full-time high school coursework and a total of 3 or more years of attendance in California elementary or secondary schools, or a combination of those schools.
end insertbegin insertThis bill would delete the requirement of a total of 3 or more years of attendance in California elementary or secondary schools, or a combination of those schools, as referenced above. The bill would also add the requirement that a student be born after January 1, 1980.
end insertbegin insertThe bill would request the Regents of the University of California to enact exemptions from requirements to pay nonresident tuition for its students that are equivalent to those applicable to students of the California Community Colleges and the California State University pursuant to this bill.
end insertbegin insertBecause the bill would impose new duties on community college districts with respect to determining eligibility for exemptions from paying nonresident tuition, the bill would constitute a state-mandated local program.
end insertbegin insert(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law, the Donahoe Higher Education Act, sets forth the missions and functions of the 4 segments comprising the state’s postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. Provisions of the act apply to the University of California only to the extent that the regents act, by resolution, to make the provisions applicable.
end deleteThis bill would make nonsubstantive changes in a provision of the act.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 68130.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
Notwithstanding any other law:
4(a) A student, other than a nonimmigrant alien within the
5meaning of paragraph (15) of subsection (a) of Section 1101 of
6Title 8 of the United States Code, who meets all of the following
7requirements shall be exempt from paying nonresident tuition at
8the California State University and the California Community
9Colleges:
10(1) Satisfaction of either of the following:
11(A) High school attendance in California for three or more years.
P3 1(B) Attainment of credits earned in California from a California
2high school equivalent to three or more years of full-time high
3
schoolbegin delete coursework and a total of three or more years of attendance
4in California
elementary schools, California secondary schools,
5or a combination of those schools.end delete
6(2) Graduation from a California high school or attainment of
7the equivalent thereof.
8(3) Registration as an entering student at, or current enrollment
9at, an accredited institution of higher education in California not
10earlier than the fall semester or quarter of the 2001-02 academic
11year.
12(4) Was born after January 1, 1980.
end insert13(4)
end delete
14begin insert(end insertbegin insert5)end insert In the case of a person without lawful immigration status,
15the filing of an affidavit with the institution of higher education
16stating that the student has filed an application to legalize his or
17her immigration status, or will file an application as soon as he or
18she is eligible to do so.
19(b) A student exempt from nonresident tuition under this section
20may be reported by a community college district as a full-time
21equivalent student for apportionment purposes.
22(c) The Board of Governors of the California Community
23Colleges and the Trustees of the California State University shall
24prescribe rules and
regulations for the implementation of this
25section.
26(d) Student information obtained in the implementation of this
27section is confidential.
The Regents of the University of California are
29requested to enact exemptions from requirements to pay
30nonresident tuition for its students that are equivalent to those
31applicable to students of the California Community Colleges and
32the California State University pursuant to Section 68130.5 of the
33Education Code, as amended pursuant to this act.
If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
Section 66000 of the Education Code is amended
40to read:
This part shall be known, and may be cited, as the
2Donahoe Higher Education Act.
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