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SB-25 Public postsecondary education: nonresident tuition exemption.(2017-2018)

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Date Published: 03/30/2017 09:00 PM
SB25:v98#DOCUMENT

Amended  IN  Senate  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 25


Introduced by Senator Senators Portantino and Newman
(Coauthor: Senator Mendoza)

December 05, 2016


An act to add Chapter 12 (commencing with Section 11100) to Part 7 of Division 1 of Title 1 of the Education Code, relating to education. An act to amend Section 68075.7 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 25, as amended, Portantino. Education: integrated K-14 system. Public postsecondary education: nonresident tuition exemption.
Existing law provides that effective for academic terms beginning after July 1, 2015, a student enrolled at a campus of the California Community Colleges or the California State University who resides in California, meets the definition of “covered individual” under federal law, as it read on July 1, 2015, and is eligible for education benefits under either of 2 specified federal “GI Bill” programs, as each read on July 1, 2015, is exempt from paying nonresident tuition and any other fees exclusively applicable to nonresident students at that campus.
Effective for the academic terms beginning after July 1, 2017, this bill would change the meaning of “covered individual” under these provisions, as specified, to align with federal law, as it read on January 1, 2017, and would require a California Community College or California State University student, as an eligibility requirement for the nonresident tuition exemption, to be eligible for education benefits under either of the 2 federal “GI Bill” programs referenced above, as each read on January 1, 2017. The bill would make conforming changes. To the extent that this bill would impose new duties on community college districts, this 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 the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes a system of public elementary and secondary schools operated by local educational agencies throughout the state. Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of postsecondary education in this state.

This bill would require the Legislative Analyst to conduct an assessment and make recommendations for the complete integration of the state’s elementary schools, secondary schools, and the California Community Colleges. The bill would require the Legislative Analyst, in preparing this assessment, to take specified actions, including recommending the expansion of concurrent enrollment programs and projects conducted pursuant to the California Academic Partnership Program and consulting with the University of California, the California State University, the Office of the Chancellor of the California Community Colleges, the Department of Education, and the Department of Finance to determine the cost of providing free access to the California Community Colleges and to create a plan for the complete integration of the state’s elementary schools, secondary schools, and the California Community Colleges. The bill would also require the Legislative Analyst to submit a report of its findings and recommendations to the Legislature.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 68075.7 of the Education Code is amended to read:

68075.7.
 Notwithstanding any other law:
(a) Effective for academic terms beginning after July 1, 2015, 2017, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:
(1) The student resides in California.
(2) The student meets the definition of “covered individual,” as that term is defined in subsection (c)(2)(A) of Section 3679 either of the following:
(A) Section 3679(c)(2)(A) or (B)(ii)(I) of Title 38 of the United States Code, as that provision read on July 1, 2015. January 1, 2017.
(B) Section 3769(c)(2)(B)(i) or (ii)(II) of Title 38 of the United States Code, as that provision read on January 1, 2017.
(3) The student is eligible for education benefits under either the federal Montgomery GI Bill–Active Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code) or the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), as each read on July 1, 2015. January 1, 2017.
(b) After the expiration of the three-year period following discharge or death as described in subsection (c) of Section 3679 Section 3679(c)(2)(A) or (B)(ii)(I) of Title 38 of the United States Code, a student who qualifies for an exemption from paying nonresident tuition and other applicable fees under subparagraph (A) of paragraph (2) of subdivision (a) shall be deemed to maintain “covered individual” status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that are exclusively applicable to nonresident students. As used in this section, “continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.
(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.

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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that eligible students and their institutions will not lose federal education funding on or after July 1, 2017, it is necessary for this act to take effect immediately.
SECTION 1.

The Legislature finds and declares the following:

(a)In 1950, a high school degree and the education it provided prepared graduates for the workforce and offered a graduate viable job prospects with sufficient wages to support not only the graduate but also a thriving middle class family.

(b)As the skills needed to succeed in a global, technologically advanced economy have changed immensely, the education model of this state has remained stagnant and has failed to adapt to changing demands. A high school diploma no longer necessarily provides sufficient job training or academic preparation for the modern economy.

(c)A just and democratic society has a moral responsibility to provide its young people with an education commensurate with the requirements of the current job market. California needs to consider how to formalize and adopt a new educational framework that guarantees every student a path for upward mobility, academic success, and job skills.

(d)California should provide a student with a seamless and coordinated education from kindergarten through community college that prepares that student for the state’s job market or for matriculation into a four-year degree program.

SEC. 2.Chapter 12 (commencing with Section 11100) is added to Part 7 of Division 1 of Title 1 of the Education Code, to read:
12.Integrated K–14 Education System
11100.

The Legislative Analyst shall conduct an assessment and make recommendations for the complete integration of the state’s elementary schools, secondary schools, and the California Community Colleges into one coordinated education system to build upon and complement the current education provided by the state’s elementary schools, secondary schools, and the California Community Colleges. In preparing this assessment, the Legislative Analyst shall do all of the following:

(a)Consider best practices based on education models used in Europe.

(b)Recommend expansion of concurrent enrollment programs and projects conducted pursuant to the California Academic Partnership Program.

(c)Consult with the University of California, the California State University, the Office of the Chancellor of the California Community Colleges, the Department of Education, and the Department of Finance to determine the cost of providing free access to the California Community Colleges and to create a plan for a complete integration of the state’s elementary schools, secondary schools, and the California Community Colleges into one coordinated education system.

(d)Determine what, if any, curriculum changes are needed to better facilitate the progression of students from the California Community Colleges to the University of California and the California State University and to improve students’ academic outcomes and job skills.

(e)(1)Submit a report to the Legislature by January 1, 2019, on the findings of the assessment and the recommendations of the Legislative Analyst.

(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.