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AB-130 Student financial aid: eligibility: California Dream Act of 2011.(2011-2012)



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:
(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 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.

SEC. 4.

 Section 68130.7 of the Education Code is amended to read:

68130.7.
 If a state court finds that Section 66021.6, 66021.7, 66021.9,  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 Section 66021.6, 66021.7, 66021.9,  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.