BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 2000
AUTHOR: Gomez
AMENDED: May 23, 2014
FISCAL COMM: Yes HEARING DATE: June 11, 2014
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Eligibility for nonresident tuition exemption.
SUMMARY
This bill expands eligibility for the exemption from paying
nonresident tuition at California's public postsecondary
institutions established under the provisions of AB 540
(Firebaugh, Chapter 814, Statutes of 2001) to students who
have attained credits equivalent to three or more years of
full-time high school coursework, and earned these credits
in California from a California high school.
BACKGROUND
Current law, (established by AB 540, Chapter 814, Statutes
of 2001) exempts specified California nonresidents from
paying nonresident tuition at the University of California
(UC), California State University (CSU), and the California
Community Colleges (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) Filed an affidavit, if an alien without lawful
immigration status, stating that the student has filed
an application to legalize their immigration status or
will file such an application as soon as they are
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eligible to so do. (Education Code � 68130)
ANALYSIS
This bill modifies the provisions of AB 540 (Firebaugh,
Chapter 814, Statutes of 2001) to additionally exempt
California nonresidents from paying resident tuition at the
UC, CSU and CCC, if they have attained credits equivalent
to three or more years of full-time high school coursework
from a California high school and earned these credits in
California.
STAFF COMMENTS
1) Need for the bill . The author notes that in
California, high school students can participate in
accelerated learning programs in order to graduate
early. Students that accelerate their learning (e.g.
through concurrent community college enrollment to
obtain high school credits) and graduate ahead of
completing the three-year high school attendance
requirement are ineligible for benefits and financial
assistance which might otherwise be available to them
under the provisions of AB 540. According to the
author, this bill will ensure that students who
graduate early from high school are not later
penalized and ineligible for the benefits that would
have otherwise been extended to them as AB 540
students.
2) How many students ? According to the Assembly
Appropriations Committee analysis, the number of
students impacted by this bill is unknown. In the Los
Angeles Unified School District (LAUSD), five students
who could have benefited from this bill graduated in
2012-13 after attending less than three years of high
school. Extrapolating from this figure statewide
yields a total of around 70 students. In addition to
revenue loss at the CCC, UC and CSU, this bill would
result in increased costs for expanded Cal Grant
participation.
3) Is residency requirement still being met ? AB 540
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provides a means of qualifying long-term California
residents, upon graduation from a California high
school and regardless of citizenship status, for lower
"resident" fees at our public segments of higher
education. Current law requires that these students
and their families demonstrate their "long-term"
presence by attending a California high school for
three or more years, arguably as a means of ensuring
that these students and their families are long term
residents who have paid taxes, invested in the system,
and should receive these benefits.
This bill would create the opportunity for a student
to benefit from the provisions of AB 540 without
meeting the current measure (three or more years of
attendance at a California high school) of their
"long-term" residency in California. Under this
proposal, as drafted, a student would no longer be
required to demonstrate that they have actually
resided in California for any period of time.
Staff recommends that the bill be amended to clarify
that, for a student who has satisfied the high school
attendance requirement by attainment of credits that
are equivalent to three or more years of full-time
high school coursework, the student shall additionally
be required to have resided in California for three or
more years.
4) Prior legislation . The Legislature has recently
enacted several bills to expand eligibility for, and
benefits related to, AB 540. These include the
following:
a) SB 141 (Correa, Chapter 576, Statutes of
2013) - required the CSU and CCC districts, and
requested the UC, to exempt from non-resident
tuition charges, under specified circumstances, a
United States citizen who moved abroad as a
result of his/her parent's deportation.
b) SB 150 (Lara, Chapter 575, Statutes of 2013)
- authorized a community college district to
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exempt pupils attending community colleges as
special part-time students from paying
nonresident tuition as a means of extending
in-state tuition benefits to high school students
who would ultimately be eligible for AB 540
benefits upon graduation.
c) AB 1899 (Mitchell, Chapter 509, Statute of
2012) - grants students who are noncitizen
victims of trafficking, domestic violence and
other serious crimes (T and U visa students) the
same exemption from nonresident tuition and
eligibility to apply for and participate in state
and institutional financial aid programs as that
extended to AB 540 students.
d) AB 130 (Cedillo, Chapter 93, Statutes of
2011,) authorized AB 540 students to be eligible
for campus scholarships derived from non-state
funds.
e) AB 131 (Cedillo, Chapter 604, Statutes of
2011,) established the California Dream Act,
which expanded eligibility for state administered
financial aid benefits to AB 540 students.
SUPPORT
Asian Americans Advancing Justice - Los Angeles
Asian Pacific Policy & Planning Council
Asian Students Promoting Immigrant Rights through Education
Los Angeles
California Immigrant Policy Center
Central American Resource Center - Los Angeles
Coalition for Humane Rights of Los Angeles
Hispanic Association of Colleges and Universities
Los Angeles Community College District
Los Rios Community College District
National Immigration Law Center
Peralta Community College District
Rio Hondo Community College District
Yosemite Community College District
OPPOSITION
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None received