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SB-68 Public postsecondary education: exemption from nonresident tuition.(2017-2018)

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Date Published: 05/26/2017 10:00 AM
SB68:v96#DOCUMENT

Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  March 29, 2017
Amended  IN  Senate  March 13, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 68


Introduced by Senator Lara

January 05, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


SB 68, as amended, Lara. Public postsecondary education: exemption from 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 meets certain requirements, including high school attendance in California for 3 or more years or attainment of credits earned in California from a California high school equivalent to 3 or more years of full-time high school coursework and a total of 3 or more years of attendance at California elementary and secondary schools.
This bill would instead exempt a student, other than a nonimmigrant alien, 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 in California of equivalent credits, credits earned while in California, at California elementary schools, California secondary schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, and the student graduates from a California high school or attains the equivalent, attains an associate degree from a campus of the California Community Colleges, or fulfills minimum transfer requirements established for the University of California or the California State University for students transferring from campuses of the California Community Colleges.
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 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) (A) A total attendance of, or attainment in California of credits 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 elementary schools.
(ii) California secondary schools.
(iii) California schools established by the State Board of Education.
(iv) 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.
(v) Campuses of the California Community Colleges.
(vi) A combination of those schools set forth in clauses (i) to (v), inclusive.
(B) (i) Full-time attendance or credits 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 210 class hours per 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, or attainment of credits equivalent to, two years of full-time attendance or attainment of credits.
(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 210 class hours of attendance for each school term 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.

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 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.