BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 160
AUTHOR: Cedillo
INTRODUCED: February 14, 2009
FISCAL COMM: Yes HEARING DATE: March 18, 2009
URGENCY: No CONSULTANT:Nancy Anton
SUBJECT : Student Financial Aid
SUMMARY
This bill requests the University of California (UC) and
requires the California State University (CSU) and the
Board of Governors of the California Community Colleges
(BOG CCCs) to establish procedures and forms to enable
students who are exempt from paying nonresident tuition, as
specified, to be eligible to receive institutional
financial aid awards.
BACKGROUND
Current law exempts specified California nonresidents from
paying nonresident tuition at UC, CSU and the CCCs if they
meet all of the following:
1) Attended a California high school for three or more
years.
2) Graduated from a California high school or attained an
equivalent degree.
3) Registered or attended an accredited California higher education
institution not before fall of the 2001-02 academic
year.
4) Have, if an alien without lawful immigration status, filed an affidavit
stating that the student has filed an application to
legalize their immigration status or will file such an
application as soon as they are eligible to so do.
In general, these students are not currently eligible for
federal, state and/or campus-based financial aid.
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ANALYSIS
This bill requests UC and requires CSU and the CCCs to
establish procedures and forms to make institutional
financial aid available to those students eligible for
nonresident tuition status under current law as described
above (Education Code Section 68120.5; AB 540, Firebaugh;
Chapter 814, Statutes of 2001.)
The bill defines "institutional financial aid" as grants,
scholarships, work study
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and loans offered by a campus of UC, CSU or the CCCs; it
would not include CCC BOG fee waivers.
STAFF COMMENTS
1) What the bill does . In short, this bill is an effort
to expand the availability of financial aid to those
students eligible for nonresident tuition status under
AB 540 (Firebaugh; Chapter 814, Statutes of 2001).
These students typically are aliens without lawful
immigration status or American citizens whose parents
reside outside of California.
2) What's "Institutional Financial Aid ?" The majority
of student financial aid is provided through either
federal or state administered programs (e.g. Pell
grants which is a federal program of Cal grants which
is a state program). However, in addition to this
aid, individual campuses also directly administer some
financial aid programs including specialized grants,
loans and work study as well as aid derived from
student fees (typically 20%- 30% of student fee
revenue is set aside for institutional financial aid
at UC and CSU).
3) Similar bill previously vetoed . This bill is
essentially identical to SB 1301 of the 2007-08
session. SB 1301 was heard and passed (6-2) by the
Senate Education Committee on April 2, 2008. SB 1301
was vetoed by the Governor with the following message:
"I share the author's goal of making
affordable education available to all
California students, but given the
precarious fiscal condition the state faces
at this time, it would not be prudent to
place additional demands on our limited
financial aid resources as specified in this
bill. For this reason, I am unable to sign
this bill."
4) Prior legislation . In addition to SB 1301 above, this
bill is similar to SB 160 (Cedillo) which was passed
by this Committee (5-2) on April 26, 2007. It is also
similar to SB 160 which was passed by this Committee
in April 2005. Each of these measures was vetoed by
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the Governor.
SUPPORT
American Civil Liberties Union
American Federation of State, County and Municipal
Employees
California Immigrant Policy Center
California State University
Community College League
Faculty Association of California Community Colleges
Los Angeles Unified School District
OPPOSITION
None received.