BILL NUMBER: AB 2159INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Anderson FEBRUARY 18, 2010 An act to repeal Section 68130.5 of the Education Code, to add Article 5 (commencing with Section 275) to Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code, and to repeal Section 1 of Chapter 814 of the Statutes of 2001, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2159, as introduced, Anderson. Postsecondary education. (1) Existing law requires that a person, other than a nonimmigrant alien, as defined, 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 an affidavit as specified, is exempted from paying nonresident tuition at the California Community Colleges and the California State University. The act enacting that exemption also made related legislative findings and declarations. This bill would repeal that exemption and those legislative findings and declarations. (2) Existing law establishes the segments of the public postsecondary education system in the state, including the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. Existing law provides certain benefits for qualifying members of the California National Guard. This bill would require the University of California, the California State University, or the California Community Colleges, as applicable, to provide a specified waiver of tuition and fees charged to a qualified member, as defined. These provisions would apply to the University of California only to the extent the regents make them applicable by resolution. 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 Section 68130.5 of the Education Code is repealed.68130.5.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.SEC. 2. Article 5 (commencing with Section 275) is added to Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code, to read: Article 5. California National Guard Education Assistance Act 275. (a) Notwithstanding any other law, the University of California, the California State University, or the California Community Colleges, as applicable, shall provide a tuition and fee waiver to a qualified member to meet the full cost, as authorized by this section, of any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, charged to a qualified member. (b) A qualified member shall receive tuition and fee waivers for up to 60 semester units, or the equivalent thereof, for every three years that he or she has committed to serve in the California National Guard. (c) The total amount of tuition and fee waivers authorized by this section shall not exceed 120 semester units, or the equivalent thereof, per qualified member. (d) The tuition and fee waivers authorized by this section shall only be available to a qualified member for a period of seven years following the date that the qualified member fulfills the service commitments necessary to receive the tuition and fee waivers. (e) The tuition and fee waivers authorized by this section shall not be provided for any mandatory systemwide tuition and fees, including enrollment fees, registration fees, differential fees, or incidental fees, that are covered by a Cal Grant that has been awarded to the qualified member, or by a Board of Governors Enrollment Fee Waiver for which the qualified member is otherwise eligible to receive. (f) A tuition and fee waiver, as authorized by this section, shall be provided only to a qualified member who made a timely application for all Cal Grant assistance for which the member may qualify for the academic year in which a tuition and fee waiver is under consideration. (g) For purposes of the section, "qualified member" means a person who: (1) Has served or is currently serving in the California National Guard, and has maintained satisfactory service throughout the period that qualifies him or her for educational assistance under this section. (2) Has committed to at least three years of service in the California National Guard. (3) Is accepted for enrollment at a campus of the University of California, the California State University, or the California Community Colleges. (h) A person who joined the California National Guard prior to January 1, 2011, shall be required to recommit to the California National Guard for at least three additional years, in order to receive the educational assistance under this section. (i) A qualified member who is dismissed from a campus of the University of California, the California State University, or the California Community Colleges due to poor academic performance shall not be eligible to receive the educational assistance under this section in the future. (j) A qualified member who receives educational assistance under this section and fails to fulfill his or her commitment to the California National Guard shall pay to the postsecondary institution an amount equal to the value of the tuition and fee waiver received under this section. (k) The Military Department shall determine whether an individual meets the requirements of "qualified member" as set forth in subdivision (g). (l) This section shall not apply to the University of California, except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. SEC. 3. Section 1 of Chapter 814 of the Statutes of 2001 is repealed.SECTION 1.(a) The Legislature hereby finds and declares all of the following: (1) There are high school pupils who have attended elementary and secondary schools in this state for most of their lives and who are likely to remain, but are precluded from obtaining an affordable college education because they are required to pay nonresident tuition rates. (2) These pupils have already proven their academic eligibility and merit by being accepted into our state's colleges and universities. (3) A fair tuition policy for all high school pupils in California ensures access to our state's colleges and universities, and thereby increases the state's collective productivity and economic growth. (4) This act, as enacted during the 2001-02 Regular Session, allows all persons, including undocumented immigrant students who meet the requirements set forth in Section 68130.5 of the Education Code, to be exempt from nonresident tuition in California's colleges and universities. (5) This act, as enacted during the 2001-02 Regular Session, does not confer postsecondary education benefits on the basis of residence within the meaning of Section 1623 of Title 8 of the United States Code. (b) It is the intent of the Legislature that: (1) A state court may award only prospective injunctive and declaratory relief to a party in any lawsuit interpreting Section 68130.5 of the Education Code, as added by this act during the 2001-02 Regular Session, or any lawsuit interpreting similar requirements adopted by the Regents of the University of California pursuant to Section 68134 of the Education Code. (2) This act will have no impact on the ability of California's public colleges and universities to assess nonresident tuition on students who are not within the scope of this act.