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AB-21 Public postsecondary education: Access to Higher Education for Every Student.(2017-2018)

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Date Published: 07/18/2017 09:00 PM
AB21:v93#DOCUMENT

Amended  IN  Senate  July 18, 2017
Amended  IN  Senate  July 05, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  April 24, 2017
Amended  IN  Assembly  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 21


Introduced by Assembly Member Kalra
(Coauthors: Assembly Members Chiu, Limón, and Santiago)

December 05, 2016


An act to add Article 11 (commencing with Section 66093) to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 21, as amended, Kalra. Public postsecondary education: Access to Higher Education for Every Student.
(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state.
Existing provisions of the Donahoe Higher Education Act set forth the missions and functions of these 4 postsecondary educational segments. No provision of the Donahoe Higher Education Act applies to the University of California except to the extent that the regents, by appropriate resolution, make that provision applicable.
This bill would express findings and declarations of the Legislature relating to the possible impacts on public postsecondary educational institutions in this state of changes in federal immigration policies and enforcement.
The bill would add to the Donahoe Higher Education Act provisions that would require the Trustees of the California State University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and would request the regents, to the fullest extent consistent with federal law, to: refrain from releasing certain personally identifiable disclosing personal information concerning students, faculty, and staff of, or other members of the communities served by these campuses; staff, except under specified circumstances; advise all students, and require each member of the faculty and staff to immediately notify the campus chancellor or president office of the chancellor or president, or his or her designee, if they are the student, or faculty or staff member, is advised that public or law enforcement entities are expected to enter, or have entered, the campus to execute a federal immigration order; advise all students, and require all faculty and staff responding to or having contact with a representative of a public or law enforcement entity executing a federal immigration order, to promptly refer the entity or individual to the campus chancellor or president office of the chancellor or president, or his or her designee, for purposes of verifying the legality of any warrant or subpoena; comply with requests from an agent or employee of specified immigration, customs, and border protection agencies for student, faculty, or staff records or access to campus only upon presentation of a valid subpoena or judicial warrant, as appropriate; assign staff to serve as a point of contact for those who may be subject to immigration actions; solicit and maintain a contact list of known attorneys or legal services providers who provide pro bono legal immigration representation, and provide it free of charge to any and all students who request it; adopt and implement implement, by March 1, 2018, a policy limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law, as specified; post on its Internet Web site, and provide via email quarterly to all students, faculty, and staff, and update as often as is necessary, a copy of the policy referenced above, and guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order; and ensure that certain benefits and services provided to students who qualify for exemption from nonresident tuition pursuant to a specified statute are continued in the event that they are subject to a federal immigration order.
The bill would express the intent of the Legislature that the provisions of the bill be funded, commencing with the 2017–18 fiscal year, through appropriations for these purposes in the annual Budget Act.
Because this bill would create new duties for community college districts, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 11 (commencing with Section 66093) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read:
Article  11. Access to Higher Education for Every Student

66093.
 (a) The Legislature finds and declares all of the following:
(1) California’s colleges and universities have traditionally been beacons of free thought that challenge students in a peaceful, safe environment. Its institutions of higher education have always been of great pride to the State of California.
(2) With great risks presented by changes to immigration policies and enforcement at the federal level, it is more important than ever to work to protect the students, faculty, staff, and the public, and ensure that, regardless of their immigration status, they can continue to take advantage of the education to which they are entitled, and are free from intimidation or loss of access to resources and programs that other students enjoy.
(3) It is imperative that California put necessary protections in place, and show it will take the necessary steps to ensure that the state’s students, faculty, staff, and the public have every opportunity to continue their education without fear or undue risk.
(4) In doing so, California reaffirms the principles that the attainment of education for the betterment of the individual and the community is paramount, regardless of one’s immigration status. It is in the country’s best interests, as a nation of immigrants, which has benefited greatly from immigrants of all walks and backgrounds, to ensure that those who pursue educational and academic growth may further contribute to the productivity of this great state and nation.
(b) Therefore, it is the intent of the Legislature to enact legislation to enact the policies set forth in Section 66093.3 to ensure that California’s public and private institutions of higher education strive to foster a campus community that is safe, welcoming for all, and provides access to services and supports for all students, faculty, and staff regardless of their immigration status.

66093.3.
 The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with federal law:
(a) Refrain from releasing personally identifiable information, including, but not limited to, a person’s name, address, telephone number, email address, course schedule, student or personnel record, and known associates, concerning students, faculty, and staff of, or other members of the communities served by, their respective campuses and programs. disclosing personal information about students, faculty, and staff except: (1) as required by law; (2) with the consent of the person identified; (3) for the programmatic purpose for which the information was obtained; (4) as part of a directory that does not include residence addresses or individual students’ course schedules and that the person has not elected to opt out of; or (5) in response to a judicial warrant or subpoena.
(b) Advise all students, and require each member of the faculty and staff, to immediately notify the campus chancellor or president office of the chancellor or president, or his or her designee, if he or she is advised that public or law enforcement entities are expected to enter, will enter, or have entered the campus to execute a federal immigration order.
(c) (1) Advise all students, and require all faculty and staff responding to or having contact with a representative of a public or law enforcement entity executing a federal immigration order, to promptly refer the entity or individual to the campus chancellor or president office of the chancellor or president, or his or her designee, for purposes of verifying the legality of any warrant or subpoena.
(2) No student, faculty, or staff member may be subject to administrative or academic discipline for responding to a federal immigration order in accordance with this subdivision.
(d) Comply with a request for student, faculty, or staff records from an agent or employee of the federal Immigration and Customs Enforcement or customs and border protection agencies only upon presentation of a valid subpoena. This provision shall not be construed to restrict or interfere with compliance and interaction with federal immigration officers in relation to the operation of international student or faculty programs.
(e) Comply with a request for access to the campus from an agent or employee of the federal Immigration and Customs Enforcement or customs and border protection agencies only upon presentation of a judicial warrant. This provision shall not be construed to restrict or interfere with compliance and interaction with federal immigration officers in relation to the operation of international student or faculty programs.

(d)

(f) Assign a staff person, or multiple staff persons as necessary, to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Staff Unless the disclosure is required by law, staff shall be prohibited from discussing the immigration status of any student, faculty, or staff with anyone, or revealing that immigration status to anyone, except the student, faculty, or staff in question. as may be required to fulfill a university or college academic, programmatic, or service need for the individual.

(e)

(g) Solicit and maintain a contact list of known attorneys or legal services providers who provide pro bono legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not necessarily be limited to, the organization’s name and contact number, the attorney’s name, photograph if available, telephone and cellular telephone numbers, email address, and office address.

(f)Pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), adopt

(h) Adopt and implement implement, by March 1, 2018, a policy limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. This shall also include providing guidance at the beginning of each academic quarter or semester via email to all faculty, staff, and students informing them of their rights under state and federal immigration laws, and how to respond to a federal immigration action or order.
(i) (1) Post on its Internet Web site in a conspicuous location, and provide via email quarterly to all students, faculty, and staff:
(A) A copy of the policy developed pursuant to subdivision (h).
(B) Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order.
(2) Update the information posted on its Internet Web site pursuant to paragraph (1) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures.

(g)

(j) In the event that a student enrolled pursuant to Section 68130.5 is subject to a federal immigration order, ensure that both of the following occur:
(1) In the event that students to whom Section 68130.5 is applicable are detained, deported, or are unable to attend to their academic requirements due to the actions of a public law enforcement agency, federal immigration and customs enforcement, or other public entity in relation to a federal immigration order, to the greatest extent possible, they retain any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits they have been awarded or received and are permitted to be reenrolled if and when students are able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make every effort to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports.
(2) That staff is available to assist, in a sensitive manner, students to whom Section 68130.5 is applicable, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions.

66093.5.
 It is the intent of the Legislature that the provisions of this article shall be funded, commencing with the 2017–18 fiscal year, through appropriations for these purposes in the annual Budget Act.

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.