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SB-1160 Public postsecondary education: exemption from nonresident tuition.(2021-2022)

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Date Published: 04/26/2022 09:00 PM
SB1160:v98#DOCUMENT

Amended  IN  Senate  April 26, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1160

Introduced by Senator Durazo

February 17, 2022

An act to amend Section 68130.5 of 68130.7 of, and to add Section 68130.6 to, the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 1160, as amended, Durazo. Public postsecondary education: exemption from nonresident tuition.
(1) Existing law exempts a student, other than a person excluded from the term “immigrant,” as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes a state court, if it finds that this provision, or any similar provision adopted by the Regents of the University of California, is unlawful, to order that the administering entity terminate any waiver awarded pursuant to this provision, and prohibits the award of money damages, tuition refund or waiver, or other retroactive relief.
This bill would delete extend the exception from this the above provision made for to a person the term “immigrant,” as defined, from “before the exception” nonimmigrant student, as defined. The bill would therefore make the person eligible for the exemption from nonresident tuition made by this provision if the nonimmigrant “alien meets” student meets its requirements. The bill would authorize a state court, if it finds that this extension, or any similar provision adopted by the Regents of the University of California, is unlawful, to order the administering entity to terminate any waiver awarded pursuant to this extension, and would prohibit the award of money damages, tuition refund or waiver, or other retroactive relief.
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

(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 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 in California, 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 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.

SECTION 1.

 Section 68130.6 is added to the Education Code, to read:

68130.6.
 (a) Notwithstanding subdivision (a) of Section 68130.5, a nonimmigrant student shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the requirements in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 68130.5.
(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) As used in this section, “nonimmigrant student” means a student who is one of the following:
(1) The dependent of a E, H, or L visa holder.
(2) A F-1 visa holder who is 21 years of age or older and a former dependent of a E, H, or L visa holder.

SEC. 2.

 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, or 68130.5, or 68130.6, 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, or 68130.5, or 68130.6, 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.

SEC. 2.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.