BILL NUMBER: AB 1207	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 27, 2009

   An act to repeal Section 68130.5 of the Education Code, relating
to student tuition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1207, as introduced, Logue. Exemption from nonresident student
tuition.
   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 certain
requirements are met. Those requirements include that the person has
attended high school in California for 3 or more years, has graduated
from a California high school or has attained the equivalent
thereof, has registered at or attends an accredited institution of
higher education in California not earlier than the fall semester or
quarter of the 2001-02 academic year, and, if the person is without
lawful immigration status, has filed a certain affidavit. Existing
law authorizes a community college district, for apportionment
purposes, to report a student who is exempt from nonresident tuition
under these provisions as a full-time student.
   This bill would repeal these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 68130.5 of the Education Code is repealed.

   68130.5.  Notwithstanding any other provision of law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) High school attendance in California for three or more years.
   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of 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 to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential.