California Senate Bill SB141 Amended / Bill

 BILL NUMBER: SB 141AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2013 AMENDED IN SENATE APRIL 11, 2013 AMENDED IN SENATE MARCH 12, 2013 INTRODUCED BY Senator Correa (Principal coauthor: Senator Leno) (Coauthors: Senators Cannella, Hernandez, Lara, and Steinberg) (Coauthors: Assembly Members Ammiano, Garcia, and Wieckowski) JANUARY 29, 2013 An act to amend Sections  66021.6, 68130.7, and 69508.5 of, and to add Section 68130.6 to,   69508.5, 76140, and 89705 of  the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGEST SB 141, as amended, Correa. Postsecondary education benefits: children of deported or voluntarily departed parents. (1)  The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public 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.   Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the   administration of the Regents of the University of California, as the 3 segments of public higher education in the state.  Existing law exempts specified students from paying nonresident tuition at the California Community Colleges and the California State University. This bill would additionally exempt a student who  is a United States citizen who resides in a foreign country, and who  meets all of the following requirements  ,  from nonresident tuition at the California Community Colleges and the California State University:  (A) demonstrates financial need for the exemption;   (A)   (B)  has a parent who has been deported or was permitted to depart voluntarily;  (B)   (C)  moved abroad as a result of that deportation or voluntary departure;  (C) is a United States citizen;  (D) lived in California immediately before moving abroad;  and  (E) attended  an elementary or   a  secondary school in the state for 3 or more years  ; and (F) is in his or her first academic year as a matriculated student in California public higher education, as defined. The bill would request the regents to enact regulations and procedures to exempt similarly situated students of the University of California from nonresident tuition  .  The bill would provide for equitable relief, limited as specified, if a state court finds that this exemption, or any similar provision adopted by the Regents, is unlawful.   (2) Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition pursuant to specified law to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law.   This bill would additionally require or, as to the University of California, request those institutions to establish those procedures and forms for persons who are exempt from nonresident tuition pursuant to the provisions of this bill.   (3)   (   2)  Existing law makes a student who meets the requirements for exemption from nonresident tuition pursuant to specified law eligible to apply for, and participate in, any student financial aid program administered by the state, as specified. This bill would additionally make students who meet the requirements for exemption provided by this bill eligible to apply for, and participate in, any financial aid program administered by the state, as specified.  (4)   (   3)  To the extent the provisions of this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to additional categories of students, the bill would impose a state-mandated local program. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION   1.   The Legislature finds and declares all of the following:   (a) It is estimated that over 5 million children are currently living in the United States with at least one undocumented immigrant parent. Approximately 75 percent of these children are United States citizens, and many of them are from California.   (b) When one or both parents are deported, these citizen children often have no recourse but to leave the country. At no fault of their own, these children lose their schools, friends, and the place they have come to know as "home."   (c) As a result of moving abroad, there is a break in these children's presence in California, affecting their ability in later years to attend a California public college or university at the much lower resident prices.   (d) Today, these children, who are American citizens, are growing up outside the United States, yet their desire to return to their birth home continues to live within them. These children lack many basic services granted to most United States citizens.   (e) The State of California has an interest in ensuring that these children can access and afford a high-quality education.   SECTION 1.   Section 66021.6 of the Education Code is amended 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 68130.6, 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 January 1, 2013.   SEC. 2.   Section 68130.6 is added to the Education Code, to read: 68130.6. (a) Notwithstanding any other law, a student 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) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian. (2) Moved abroad as a result of the deportation or voluntary departure specified in paragraph (1). (3) Is a United States citizen. (4) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (5) Attended an elementary or secondary school in the state for three or more years. (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, and the Regents of the University of California are requested to, prescribe rules and regulations for the implementation of this section.   SEC. 3.   Section 68130.7 of the Education Code is amended to read: 68130.7. If a state court finds that Section 66021.6, 66021.7, 68130.5, or 68130.6, 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 Section 66021.6, 66021.7, 68130.5, or 68130.6, 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.   SEC. 2.  Section 69508.5 of the Education Code is amended to read: 69508.5. (a) Notwithstanding any other law, and except as provided for in subdivision (c), a student who meets the requirements of subdivision (a) of Section 68130.5  or Section 68130.6   ,   paragraph (   4) of subdivision (a) of Section 76140, or   subdivision (   c)   of Section 89705  , or who meets equivalent requirements adopted by the Regents of the University of California, is 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. 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) Notwithstanding any other law, the Student Aid Commission shall establish procedures and forms that enable students who are exempt from paying nonresident tuition under Section 68130.5  or 68130.6   ,   paragraph   (   4) of subdivision (a) of Section 76140, or   subdivision (   c) of Section 89705  , 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 for which they are eligible. (d) This section shall become operative on January 1, 2013.  SEC. 3.   Section   76140 of the   Education Code   , as added by Section 66 of Chapter 38 of the Statutes of 2012, is amended to read:  76140. (a) A community college district may admit  ,  and shall charge a tuition fee to  ,  nonresident  students. The  students, except as required by paragraph (4). A community college  district may exempt from all or parts of the fee any person described in paragraph (1), (2), or  (3):   (3),   and shall exempt from all of the fee any person described in paragraph (4):  (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. (2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. (3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005-06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. (B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. (C) This paragraph shall apply only to the 2005-06 academic year.  (4) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:   (A) Demonstrates a financial need for the exemption.   (B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.   (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).   (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.   (E) Attended a secondary school in the state for three or more years.   (F) Is in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010.  (b) A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student' s tuition fee. (c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged. (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. (e) (1) The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: (A) The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the district's preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the district's total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district. (B) The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. (C) An amount not to exceed the fee established by the governing board of any contiguous district. (D) An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). (E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009-10 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment. (f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. (g) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. (h) Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. (i) Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. (j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3)  or (4)  of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76330 for purposes of computing apportionments. (k) This section shall become operative on July 1, 2013.  SEC. 4.   Section 89705 of the   Education Code   is amended to read:  89705. (a) Except  as provided in subdivision (c), and  as otherwise specially provided, an admission fee and rate of tuition fixed by the trustees shall be required of each nonresident student. The rate of tuition to be paid by each nonresident student, as defined in Section 68018, shall not be less than three hundred sixty dollars ($360) per year. The rate of tuition paid by each nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States, except as otherwise specifically provided, shall be fixed by the trustees and shall not be less than three hundred sixty dollars ($360) per year. (b) The trustees may waive entirely, or reduce below the rate, or the minimum rate, fixed by this section, the tuition fee of a nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States and who attends a state university or college under an agreement entered into by a governmental agency or a nonprofit corporation or organization with a similar agency, or corporation or association, domiciled in and organized under laws of a foreign country, where a principal purpose of the agreement is to encourage the exchange of students with the view of enhancing international good will and understanding. The trustees shall, in each instance, determine whether the conditions for this exemption from fees exist and may prescribe appropriate procedures to be complied with in obtaining the exemption.  (c) The trustees shall waive entirely the admission fee and rate of tuition fixed under this section for a nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:   (1) Demonstrates a financial need for the exemption.   (2) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.   (3) Moved abroad as a result of the deportation or voluntary departure specified in paragraph (2).   (4) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.   (5) Attended a secondary school in the state for three or more years.   (6) Is in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010.   SEC. 5.   The Legislature requests the Regents of the University of California to enact regulations and procedures that exempt from nonresident tuition students of that university who meet the requirements applicable to students of the California Community Colleges and the California State University, respectively, in paragraph (4) of subdivision (a) of Section 76140, and subdivision (c) of Section 89705, of   the Education Code.   SEC. 5.   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.