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.