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AB-3008 Public postsecondary education: exemption from paying nonresident tuition.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
AB3008:v98#DOCUMENT

Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3008


Introduced by Assembly Member Burke
(Coauthors: Assembly Members Baker, Bloom, Low, Mayes, Rubio, and Santiago)
(Coauthor: Senator Lara)

February 16, 2018


An act to amend Section 68130.5 of add Section 68135 to the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 3008, as amended, Burke. Public postsecondary education: exemption from paying nonresident tuition.
(1) Existing law exempts a student, other than a nonimmigrant alien, as defined, from nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of attendance, or attainment of equivalent credits earned while in California, at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, or if the student completes 3 or more years of full-time high school coursework, and a total of 3 or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.
Notwithstanding the exclusion of nonimmigrant aliens from the exemption from paying nonresident tuition, the bill would provide that any student enrolled at the California State University or the California Community Colleges shall remain eligible for the exemption from nonresident tuition if the nonimmigrant alien met the requirements for the exemption from nonresident tuition as a dependent of an individual with an E-2 nonimmigrant classification as long as the student remains continuously enrolled, irrespective of any change in the student’s visa or immigration status.
Because the bill would impose new duties on community college districts with respect to determining eligibility for exemptions from paying nonresident tuition, the bill would constitute a state-mandated local program.
The bill would request the Regents of the University of California to enact exemptions for its students from requirements to pay nonresident tuition that are equivalent to those applicable to students of the California Community Colleges and the California State University pursuant to this bill.
(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.

 Section 68135 is added to the Education Code, to read:

68135.
 Notwithstanding any other law:
(a) Notwithstanding the exclusion of nonimmigrant aliens from the exemption from paying nonresident tuition that is specified in subdivision (a) of Section 68130.5, a student enrolled at the California State University or the California Community Colleges who met the requirements specified in paragraphs (1) to (4) of this section, inclusive, as a dependent of an individual with an E-2 nonimmigrant classification, shall remain exempt from paying nonresident tuition at the California State University and the California Community Colleges, irrespective of any change in the student’s visa or immigration status.
(1) Satisfaction of the requirements in either subparagraph (A) or subparagraph (B):
(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:
(i) California high schools.
(ii) California high schools established by the State Board of Education.
(iii) California adult schools established by any of the following entities:
(I) A county office of education.
(II) A unified school district or high school district.
(III) The Department of Corrections and Rehabilitation.
(iv) Campuses of the California Community Colleges.
(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.
(B) Three or more years of full-time high school coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.
(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year, or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total of attendance of two years of full-time attendance.
(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.
(2) Satisfaction of any of the following:
(A) Graduation from a California high school or attainment of the equivalent thereof.
(B) Attainment of an associate degree from a campus of the California Community Colleges.
(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.
(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 2018–19 academic year.
(4) 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.
(b) A student who is 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) Student information obtained in the implementation of this section is confidential.

SEC. 2.

 The Regents of the University of California are requested to enact exemptions from requirements to pay nonresident tuition for its students that are equivalent to those applicable to students of the California Community Colleges and the California State University pursuant to Section 68135 of the Education Code, as added pursuant to this act.

SEC. 3.

 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 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read:
68130.5.

Notwithstanding any other 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, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:

(1)Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):

(A)A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:

(i)California high schools.

(ii)California high schools established by the State Board of Education.

(iii)California adult schools established by any of the following entities:

(I)A county office of education.

(II)A unified school district or high school district.

(III)The Department of Corrections and Rehabilitation.

(iv)Campuses of the California Community Colleges.

(v)A combination of those schools set forth in clauses (i) to (iv), inclusive.

(B)Three or more years of full-time high school coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.

(C)(i)Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.

(ii)Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.

(2)Satisfaction of any of the following:

(A)Graduation from a California high school or attainment of the equivalent thereof.

(B)Attainment of an associate degree from a campus of the California Community Colleges.

(C)Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.

(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 who is 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.

(e)Notwithstanding the exclusion of nonimmigrant aliens from the exemption from paying nonresident tuition that is specified in subdivision (a), a student enrolled at the California State University or the California Community Colleges who met the requirements of subdivision (a) as a dependent of an individual with an E-2 nonimmigrant classification shall remain exempt from paying nonresident tuition as long as that student remains continuously enrolled, irrespective of any change in the student’s visa or immigration status.

SEC. 2.

The Regents of the University of California are requested to enact exemptions for its students from requirements to pay nonresident tuition that are equivalent to those applicable to students of the California Community Colleges and the California State University under Section 68130.5 of the Education Code, as amended by this act.

SEC. 3.

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.