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AB-1620 Public postsecondary education: exemption from payment of nonresident tuition.(2019-2020)

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Date Published: 05/06/2019 09:00 PM
AB1620:v96#DOCUMENT

Amended  IN  Assembly  May 06, 2019
Amended  IN  Assembly  April 24, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1620


Introduced by Assembly Member Santiago
(Coauthors: Assembly Members Carrillo and Quirk-Silva)

February 22, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1620, as amended, Santiago. Public postsecondary education: exemption from payment of nonresident tuition.
(1) Existing law exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of full-time attendance in specified California schools, or attainment of equivalent credits earned while in those schools, or the student completes 3 or more years of full-time high school coursework in California and a total of 3 or more years of attendance in California elementary schools and California secondary schools. Existing law also requires, for students transferring from campuses of the California Community Colleges, that the student graduate from a California high school or attain the equivalent, attain an associate degree from a campus of the California Community Colleges, or fulfill minimum transfer requirements established for the University of California or the California State University.
This bill would reduce to 2 years the duration of full-time attendance or attainment of equivalent credits that would be required for the exemption from nonresident tuition at the institutions referenced above. The bill would add campuses of the University of California, California State University, and independent institutions of higher education to the institutions at which full-time attendance or its credit equivalent could be counted toward this 2-year requirement.
The bill would request the Regents of the University of California to enact exemptions from requirements to pay nonresident tuition for its students that are equivalent to those that would be applicable to students of the California Community Colleges and the California State University pursuant to this bill.
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.
(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 68130.5 of the Education Code 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 (B):
(A) A total attendance of, or attainment of credits earned while in California equivalent to, two 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, the California State University, or the University of California. Colleges.

(v)Campuses of independent institutions of higher education, as defined in subdivision (b) of Section 66010.

(vi)

(v) A combination of those schools set forth in clauses (i) to (v), (iv), inclusive.
(B) Two or more years of full-time high school coursework in California, and a total of two 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 subparagraph (A) 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.
(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.

(D)Successful completion of at least two years of attendance as a full-time student at a campus of the California State University, the University of California, or a campus of an independent institution of higher education, as defined in subdivision (b) of Section 66010.

(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 the student’s immigration status, or will file an application as soon as the student 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.

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 68130.5 of the Education Code, as amended pursuant to Section 1 of 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.