BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 669
          AUTHOR:        Fong
          INTRODUCED:    February 25, 2009
          FISCAL COMM:   No             HEARING DATE:  June 17, 2009
          URGENCY:       No             CONSULTANT:Nancy Anton

           NOTE  :  This bill has been requested by the Senate  
          Appropriations Committee. 
          A "do pass" motion should include a referral to the Senate  
          Rules Committee for consideration of the referral request  
          of the Senate Appropriations Committee.  

          SUBJECT  :  Higher Education: student residency requirements  
          for foster youth.
          
           SUMMARY  

          This bill expands the category of students entitled to  
          "resident" status for purposes of paying in-state student  
          fees to include current and former foster youth, as  
          specified.

           BACKGROUND  

          Current law establishes the requirements for determining  
          residency for purposes of paying the lower-cost in-state  
          student fees at the California Community Colleges (CCCs),  
          the California State University (CSU), and the University  
          of California (UC).  To qualify for the lower resident  
          fees, students are generally required to have resided in  
          California for more than one year immediately preceding the  
          residence determination date and undertaken other specific  
          actions such as registering to vote or registering one's  
          car in California 

          Current law defines as "residents" for purposes of paying  
          college fees specified categories of individuals who may  
          not meet the above one-year residency requirement.  Some of  
          these exempted categories include: armed forces members  
          remaining in the state after discharge; Native Americans  
          who attend BIA administered schools; certain federal civil  




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          service military mission employees; amateur athletes in  
          Olympic training in Chula Vista; undergraduate students who  
          are members of the armed forces serving in California on  
          active duty; graduate students who are members of the armed  
          forces serving on active duty in California; and California  
          employees working outside of the state.

           ANALYSIS
           
           This bill  expands the category of students who qualify to  
          pay in-state resident fees to include students who are 19  
          years old or younger and who are currently a ward of the  
          state through the child welfare system or was such a ward  
          but either was emancipated or aged out of the system.

           STAFF COMMENTS  

          1)   Why this bill  ?  Typically, for minor students (those  
               under age 18) the determination of residency for  
               purposes of paying in-state fees is derived from the  
               residency status of the student's parent/s.  For  
               foster youth and those who are wards of the court,  
               this typically does not make sense.  This bill would  
               allow such students to be considered a resident for  
               purposes of paying fees for a minimum of one-year;  
               during that year, the student would then be able to  
               establish residency based on their own status.

           2)   What is the difference between paying in-state v.  
               nonresident fees  ?  The following chart displays the  
               fees for a full-time undergraduate student in 2008-09:

                                   Resident                              
                      Nonresident

                   UC             $7,125                               
                          $27,724
                 CSU             $3,048                                
                         $10,170
                 CCC     $20 per unit         statewide average:  $    
                 190 per unit

           3)   Fiscal impact  .   This bill expands the category of  
               students exempted from paying nonresident student fees  
               and, to such end, could result in foregone revenue  
               losses for the UC, CSU and the CCCs.  Although  




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               Legislative Counsel has identified this bill as  
               non-fiscal, to the extent that the bill results in  
               reduced revenues for the CCCs, CSU and/or UC, the bill  
               could create pressure on the state General Fund to  
               backfill for these foregone revenues. (Note:  
               information from CSU indicates that they currently  
               follow the policy outlined by this bill and would not  
               incur any revenue losses as a result of its  
               implementation.)

           SUPPORT  

          All Saints Church Foster Care Project
          Bakersfield College
          California Community Colleges Chancellor's Office
          California Community Colleges Student Financial Aid  
          Administrators Association
          California Teachers Association
          California Postsecondary Education Commission
          Chabot Las Positas Community College District
          City College of San Francisco
          College of the Canyons
          College of the Desert
          Community College League
          Cuyamaca College
          El Camino Community College District
          Faculty Association of California Community Colleges
          Foothill - De Anza Community College District
          Fullerton College
          Imperial Valley College
          Kern Community College District
          Los Angeles Community College District
          Los Rios Community College District
          Mira Costa Community College District
          Mount San Antonio College
          Peralta Community College District
          Riverside Community College District
          San Jose - Evergreen Community College District
          San Mateo County Community College District
          Student Senate for California Community Colleges 
          West Kern Community College District
          Yuba Community College District
          University of California

           OPPOSITION





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           None received.