BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 669
                                                                  Page  1

          Date of Hearing:   May 5, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                  AB 669 (Fong) - As Introduced:  February 25, 2009
           
          SUBJECT  :   Postsecondary education: residency requirements.

           SUMMARY  :   Allows entering students 19 years of age and younger  
          who were wards of the state or who were served by California's  
          child welfare system to be classified as residents for tuition  
          purposes until they have resided in the state for the minimum  
          time needed to become residents.  

           EXISTING LAW  :  Establishes uniform residency requirements for  
          purposes of ascertaining the amount of fees to be paid by  
          students at the University of California (UC), California State  
          University (CSU), and the California Community Colleges (CCC)  
          and establishes various exceptions to these residency  
          requirements.

           FISCAL EFFECT  :   None

           COMMENTS  :    Background  :  When foster youth turn 18 years old,  
          they are emancipated and expected to be independent, averaging  
          approximately 4,000 each year in California.  Only 20% of those  
          who graduate from high school attempt to attend college,  
          compared to 60% of their peers.  CCC served approximately 6,000  
          self-identified former foster youth in 2007-08.  California has  
          enacted several programs to help foster youth transition to  
          postsecondary education, yet only 1%-5% graduate from college.  

           Purpose of this bill  :  According to the author, this bill would  
          ensure that foster youth do not have to establish residency,  
          which takes one year and one day, before pursuing a higher  
          education at UC, CSU, or CCC, eliminating a barrier to higher  
          education that results from paying higher nonresident tuition  
          fees.

           Requirements for residency  :  In order to be considered a  
          California resident for tuition purposes at UC, CSU, or CCC,  
          students must have resided in California for one year and one  
          day immediately prior to a date established by the segments to  
          determine residency for that term, semester, or quarter.  The  
          segments also determine the documentation required as proof of  








                                                                  AB 669
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          residency.  In general, students' residency extends from their  
          parents.  Another path to residency is provided by AB 540  
          (Firebaugh), Chapter 814, Statutes of 2001, which exempts  
          specified nonresidents of California from paying nonresident  
          tuition at CSU and CCC if they attended a California high school  
          for three or more years, as specified.

           Foster youth residency  :  The state has authorized several  
          exceptions to the residency requirement, including  
          self-supporting students, certain minor students, students under  
          the care of an adult other than their parents, Native American  
          students, Olympic athletes training in California, and members  
          of the armed forces and their dependents, among others.  While  
          many foster youth qualify for some of these exceptions, recently  
          emancipated foster youth who have not been under the care of an  
          adult for at least two years do not.  Further, because foster  
          youth may be moved around in placement, the documentation of  
          continuous care and control can be very burdensome.  

          AB 540 should provide residency for foster youth at UC and CSU,  
          where a high school diploma is required for admission; however,  
          CCC also educate students who have not graduated from high  
          school, providing them an opportunity to continue their  
          education.

           Resident v. nonresident fees  :  The fees charged to  
          non-California residents are intended to cover the cost of the  
          subsidy that is generated by California taxpayers.  Tuition and  
          fees for a full-time undergraduate student in 2008-09, not  
          including registration and education fees, are:

                     Resident                  Nonresident  
          UC             $7,126    $27,724
          CSU                      $3,048         $10,170
          CCC       $20 per unit   $190 per unit for a 30 unit academic  
          year 

           Previous legislation  :  AB 1393 (Skinner), approved by this  
          Committee on April 21, 2009, and currently pending in the  
          Assembly Appropriations Committee, requires CSU and requests CCC  
          and UC to give priority for campus housing to current and former  
          foster youth, as specified.  AB 1578 (Leno) of 2007, which was  
          held in the Senate Appropriations Committee, would have enacted  
          the Foster Youth Higher Education Preparation and Support Act of  
          2007.  AB 1532 (Bass) of 2006, which was held in the Senate  








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          Appropriations Committee, would have exempted foster youth from  
          all deadlines pertaining to the Cal Grant Entitlement Programs.   


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           All Saints Foster Care Project
          California Community Colleges Chancellor's Office
          California Postsecondary Education Commission
          Chabot-Las Positas Community College District
          City College of San Francisco
          College of the Canyons
          Community College League
          Cuyamaca College Financial Aid Office
          Desert Community College District
          El Camino College
          Faculty Association of California Community Colleges
          Foothill-De Anza Community College District
          Fullerton College
          Imperial Community College District
          Kern Community College District
          Los Angeles Community College District
          Los Rios Community College District
          MiraCosta Community College District
          Mt. San Antonio College
          Peralta Community College District
          Riverside Community College District
          San Jose/Evergreen Community College District
          Student Senate for California Community Colleges
          West Kern Community College District
          Yuba Community College Foster Kinship Care Education
          1 Individual

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960