Assembly Bill No. 130
CHAPTER 93
An act to amend Section 68130.7 of, and to add Section 66021.7 to, the
Education Code, relating to student
financial aid.
[Approved by Governor July 25, 2011. Filed with
Secretary of State July 25, 2011.]
legislative counsel
’s digest
AB 130, Cedillo. Student
financial aid: eligibility: California Dream Act of 2011.
Existing law requires that a person, other than a nonimmigrant alien, as
de
fined, who has attended high school in California for 3 or more years,
who has graduated from a California high school or attained the equivalent
thereof, who 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 who, if he or she is an alien without lawful
immigration status, has
filed a prescribed affidavit, is exempt from paying
nonresident tuition at the California Community Colleges and the California
State University.
This bill would enact the California Dream Act of 2011.
This bill would provide that, on and after January 1, 2012, a student
attending the California State University, the California Community
Colleges, or the University of California who is exempt from paying
nonresident tuition under the provision described above would be eligible
to receive a scholarship derived from nonstate funds received, for the purpose
of scholarships, by the segment at which he or she is a student.
The Donahoe Higher Education Act sets forth, among other things, the
missions and functions of California
’s public and independent segments of
higher education, and their respective institutions of higher education.
Provisions of the act apply to the University of California only to the extent
that the Regents of the University of California, by appropriate resolution,
act to make a provision applicable.
This bill would
find and declare that the amendments to the Donahoe
Higher Education Act described above are state laws within the meaning
of a speci
fied federal provision.
The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the California
Dream Act of 2011.
SEC. 2. (a) The Legislature
finds and declares all of the following:
93
(1) It is the intent of the Legislature that all students who are exempt
from nonresident tuition pursuant to Section 68130.5 of the Education Code
and that are deemed to be in
financial need shall be eligible for all financial
aid.
(2) Increased access to
financial aid for all students in California’s
universities and colleges increases the state
’s collective productivity and
economic growth.
(b) It is, therefore, the intent of the Legislature to address these issues
by enacting the California Dream Act of 2011.
SEC. 3. Section 66021.7 is added to the Education Code, to read:
66021.7. Notwithstanding any other law, on and after January 1, 2012,
a student attending the California State University, the California Community
Colleges, or the University of California who is exempt from paying
nonresident tuition under Section 68130.5 shall be eligible to receive a
scholarship that is derived from nonstate funds received, for the purpose of
scholarships, by the segment at which he or she is a student. The Legislature
fi
nds and declares that this section is a state law within the meaning of
subsection (d) of Section 1621 of Title 8 of the United States Code.
SEC. 4. Section 68130.7 of the Education Code is amended to read:
68130.7. If a state court
finds that Section 66021.7 or 68130.5, or any
similar provision adopted by the Regents of the University of California, is
unlawful, the court may order, as equitable relief, that the administering
entity that is the subject of the lawsuit terminate any waiver awarded under
that statute or provision, but no money damages, tuition refund or waiver,
or other retroactive relief, may be awarded. In any action in which the court
fi
nds that Section 66021.7 or 68130.5, or any similar provision adopted by
the Regents of the University of California, is unlawful, the California
Community Colleges, the California State University, and the University
of California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
ASSEMBLY BILL No. 131
Introduced by Assembly Member Cedillo
(Principal coauthors: Assembly Members Alejo, Roger Hernández,
and Lara)
(Principal coauthor: Senator De León)
(Coauthors: Assembly Members Allen, Ammiano, Bonilla, Campos,
Eng, Fong,
Fuentes, Furutani, Bonnie Lowenthal, Mendoza,
Monning,
John A. Pérez, and Yamada)
(Coauthors: Senators Hancock, Padilla, and Yee)
January 11, 2011
An act to amend Sections 68130.5 and 68130.7 of, and to add Sections
66021.6, 69508.5, and 76300.5 to, the Education Code, relating to
student
financial aid.
legislative counsel
’s digest
AB 131, as amended, Cedillo. Student
financial aid.
(1) The Donahoe Higher Education Act sets forth, among other
things, the missions and functions of California
’s public and independent
segments of higher education, and their respective institutions of higher
education. Provisions of the act apply to the University of California
only to the extent that the Regents of the University of California, by
appropriate resolution, act to make a provision applicable.
95
Existing law requires that a person
student, other than a nonimmigrant
alien, as de
fined, who has attended high school in California for 3 or
more years, who has graduated from a California high school or attained
the equivalent thereof, who 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 who, if he or
she is an alien without lawful immigration status, has
filed a prescribed
af
fidavit, is exempt from paying nonresident tuition at the California
Community Colleges and the California State University.
This bill would exempt a student who has attended, for 3 or more
years, at least one of which shall have been in a high school, and
graduated from, secondary school in California from paying nonresident
tuition at the California Community Colleges and the California State
University. The bill would include persons
students attending and
graduating from California technical schools and adult schools, as well
as high schools.
This bill would amend the Donahoe Higher Education Act, as of July
1, 2012, to require the Trustees of the California State University and
the Board of Governors of the California Community Colleges, and to
request the regents, to establish procedures and forms that enable persons
students
who are exempt from paying nonresident tuition under the
above-described provision, or who meet equivalent requirements adopted
by the regents, to apply for, and participate in, all student aid programs
administered by these segments to the full extent permitted by federal
law, except as provided. This provision would apply to the University
of California only if the regents, by appropriate resolution, act to make
it applicable.
This bill would provide that persons
students who are exempt from
paying nonresident tuition under the above provision, or who meet
equivalent requirements adopted by the regents, are eligible to apply
for, and participate in, any student
financial aid program administered
by the State of California to the full extent permitted by federal law.
This bill would require the Student Aid Commission to establish
procedures and forms that enable those persons
students who are exempt
from paying nonresident tuition under the above provision to apply for,
and participate in, all student
financial aid programs administered by
the State of California to the full extent permitted by federal law. This
bill would prohibit persons
students who are exempt from paying
nonresident tuition under the provision described above from being
eligible for Competitive Cal Grant A and B Awards unless speci
fied
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AB 131
— 2 —
conditions are met. The bill would make these provisions operative as
of July 1, 2012.
(2) Existing federal law requires that a state may provide that an alien
who is not lawfully present in the United States is eligible for any state
or local public bene
fit for which that alien would otherwise be ineligible
under a speci
fied federal law only through enactment of a state law that
af
firmatively provides for that eligibility.
This bill would
find and declare that the amendments to the Donahoe
Higher Education Act described above are state laws within the meaning
of this federal provision.
(3) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction, for prescribed fees, at community college campuses
throughout the state. Existing law authorizes the waiver of these fees
for, among others, students who are eligible under income standards
established by the board of governors.
This bill, as of July 1, 2012, would require community college districts
to waive the fees of persons
students who are exempt from nonresident
tuition under the provision described in (1) above, and who otherwise
qualify for a waiver under this provision, under regulations and
procedures adopted by the board of governors. Because the bill would
impose new duties on community college districts with respect to
determining eligibility for fee waivers, the bill would constitute a
state-mandated local program.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
SECTION 1. Section 66021.6 is added to the Education Code,
to read:
66021.6. (a) Notwithstanding any other law, and except as
provided for in subdivision (b), the Trustees of the California State
University and the Board of Governors of the California
Community Colleges shall, and the Regents of the University of
California are requested to, establish procedures and forms that
enable persons who are exempt from paying nonresident tuition
under Section 68130.5, or who meet equivalent requirements
adopted by the regents, to apply for, and participate in, all student
aid programs administered by these segments to the full extent
permitted by federal law. The Legislature
finds and declares that
this section is a state law within the meaning of Section 1621(d)
of Title 8 of the United States Code.
(b) The number of
financial aid awards received by California
resident students from
financial aid programs administered by the
segments shall not be diminished as a result of the application of
subdivision (a). The University of California is requested to comply
with this subdivision.
(c) This section shall become operative on July 1, 2012.
SEC. 2. Section 68130.5 of the Education Code is amended to
read:
68130.5. Notwithstanding any other 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) Secondary school attendance in California for three or more
years, at least one year of which shall have been at a high school.
(2) Graduation from a California secondary 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.
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AB 131
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(4) In the case of a student without lawful immigration status,
the
filing of an affidavit with the campus of the California State
University or the community college district that the student has
fi
led 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 con
fidential.
SEC. 3. Section 68130.7 of the Education Code is amended to
read:
68130.7. If a state court
finds that Sections Section 66021.6,
66021.7, or 68130.5, or any similar provision adopted by the
Regents of the University of California, is unlawful, the court may
order, as equitable relief, that the administering entity that is the
subject of the lawsuit terminate any waiver awarded under that
statute or provision, but no money damages, tuition refund or
waiver, or other retroactive relief, may be awarded. In any action
in which the court
finds that Sections Section 66021.6, 66021.7,
or 68130.5, or any similar provision adopted by the Regents of the
University of California, is unlawful, the California Community
Colleges, the California State University, and the University of
California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
SEC. 4. Section 69508.5 is added to the Education Code, to
read:
69508.5. (a) Notwithstanding any other law, and except as
provided for in subdivision (c), a person
student who meets the
requirements of subdivision (a) of Section 68130.5, or who meets
equivalent requirements adopted by the Regents of the University
of California, is eligible to apply for, and participate in, any student
fi
nancial aid program administered by the State of California to
the full extent permitted by federal law. The Legislature
finds and
declares that this section is a state law within the meaning of
subsection (d) of Section 1621 of Title 8 of the United States Code.
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5 — AB 131
(b) Notwithstanding any other law, the Student Aid Commission
shall establish procedures and forms that enable persons
students
who are exempt from paying nonresident tuition under Section
68130.5, or who meet equivalent requirements adopted by the
regents, to apply for, and participate in, all student
financial aid
programs administered by the State of California to the full extent
permitted by federal law.
(c) A student who is exempt from paying nonresident tuition
under Section 68130.5 shall not be eligible for Competitive Cal
Grant A and B Awards unless funding remains available after all
California students not exempt pursuant to Section 68130.5 have
received Competitive Cal Grant A and B Awards that they are
eligible for.
(d) This section shall become operative on July 1, 2012.
SEC. 5. Section 76300.5 is added to the Education Code, to
read:
76300.5. (a) A district shall waive the fees of a person
student
who is exempt from paying nonresident tuition under Section
68130.5, and who otherwise quali
fies for a waiver under Section
76300, under regulations and procedures adopted by the board of
governors. The Legislature
finds and declares that this section is
a state law within the meaning of Section 1621(d) of Title 8 of the
United States Code.
(b) This section shall become operative on July 1, 2012.
SEC. 6. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.