California Assembly Bill AB2000 Amended / Bill

 BILL NUMBER: AB 2000AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 17, 2014 INTRODUCED BY Assembly Member Gomez FEBRUARY 20, 2014 An act to  add Section 68130.8 to   amend Section 68130.5 of  the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2000, as amended, Gomez. Public postsecondary education: exemption from nonresident tuition.  Existing   (1)     Existing  law  requires   provides  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 exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would provide that a student's   student could   qualify for  exemption from nonresident tuition  for an academic year  pursuant to the above-referenced provision  is to be determined solely on the basis of the criteria in that provision and not affected by a change in that student's immigration or residency status in a subsequent academic year. The bill would express a legislative finding and declaration that its provisions are declaratory of existing law.   either by high school attendance in California for 3 or more years or by attainment of high school credits equivalent to 3 or more years of full-time high school coursework, in addition to the other conditions referenced above.   Because this bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, it would constitute a state-mandated local program.   (2) 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:  no   yes  . State-mandated local program:  no   yes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 68130.5 of the   Education Code   is amended to read:  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.   years, or attainment of high school credits equivalent to three or more years of   full-time high school coursework.  (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.   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.   SECTION 1.   Section 68130.8 is added to the Education Code, to read: 68130.8. A student's exemption from nonresident tuition for an academic year pursuant to Section 68130.5 shall be determined solely on the basis of the criteria in Section 68130.5, and shall not be affected by a change in that student's immigration or residency status in a subsequent academic year.   SEC. 2.   The Legislature finds and declares that Section 68130.8 of the Education Code, as added by Section 1 of this act, is declaratory of existing law.