Today's Law As Amended


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SB-1460 Student financial aid: eligibility: California Dream Act of 2010.(2009-2010)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the California Dream Act of 2010.
SEC. 2.
 (a) The Legislature finds and declares all of the following:
(1) It is the intent of the Legislature that all students who are exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code and that are deemed to be in financial need shall be eligible for all financial aid.
(2) Section 66021.6 of the Education Code, as added by Section 3 of this act, does not grant these pupils any advantage over the student population as a whole in determining who qualifies for, or receives, financial aid.
(3) Increased access to financial aid for all students in California’s universities and colleges increases the state’s collective productivity and economic growth.
(b) It is, therefore, the intent of the Legislature to address these issues by enacting the California Dream Act of 2010.

SEC. 3.

 Section 66021.6 is added to the Education Code, to read:

66021.6.
 (a) Notwithstanding any other law, and except as provided for in subdivision (b), the Trustees of the California State University and the Board of Governors of the California Community Colleges shall, and the Regents of the University of California are requested to, establish procedures and forms that enable persons who are exempt from paying nonresident tuition under Section 68130.5, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.
(b) The number of financial aid awards received by California resident students from financial aid programs administered by the segments shall not be diminished as a result of the application of subdivision (a). The University of California is requested to comply with this subdivision.
(c) This section shall become operative on July 1, 2011.

SEC. 4.

 Section 66021.7 is added to the Education Code, to read:

66021.7.
 Notwithstanding any other law, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under Section 68130.5 shall be eligible to receive a scholarship that is derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. The Legislature finds and declares that this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

SEC. 5.

 Section 68130.5 of the Education Code is amended to read:

68130.5.
 Notwithstanding any other law:
(a) A student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to  nonimmigrant alien within the meaning of  paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who meets all of the following requirements  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: Colleges: 
(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) (1)  Three or more years of full-time high school coursework in California, and a total of three or more years of  High school  attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools. for three or more years. 
(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.
(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) (2)  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) (A)  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  his or her  immigration status, or will file an application as soon as the student  he or she  is eligible to do so.
(B) (i) The California State University and California Community Colleges shall, and the University of California and independent institutions of higher education are requested to, accept an affidavit provided to the Student Aid Commission as part of the student’s financial aid application for purposes of meeting the requirement in subparagraph (A).
(ii) An institution that receives an affidavit from the Student Aid Commission pursuant to clause (i) shall share the affidavit with any departments within the institution that require such an affidavit to ensure that students are not required to submit multiple affidavits.
(iii) The institution of higher education shall not require a student to file a separate affidavit. This shall not preclude the institution of higher education from verifying the information provided on the affidavit, as the institution deems necessary.
(iv) Notwithstanding clause (i), the institution of higher education may provide an affidavit for students who do not apply for state financial aid to submit for the purposes of complying with subparagraph (A).
(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) For purposes of this section, “independent institutions of higher education” has the same meaning as in Section 66010. This section shall remain in effect only until July 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2011, deletes or extends that date. 

SEC. 6.

 Section 68130.5 is added to the Education Code, 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, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges:
(1) Secondary school attendance in California for three or more years, at least one year of which shall have been at high school.
(2) Graduation from a California secondary school or attainment of the equivalent thereof.
(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 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) This section shall become operative on July 1, 2011.

SEC. 7.

 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  Sections 66021.6 and  68130.5, 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 or eligibility  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  Sections 66021.6 and  68130.5, 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. 8.

 Section 76300.5 is added to the Education Code, to read:

76300.5.
 (a) A district shall waive the fees of a person who is exempt from paying nonresident tuition under Section 68130.5, and who otherwise qualifies for a waiver under Section 76300, under regulations and procedures adopted by the board of governors. The Legislature finds and declares that this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.
(b) This section shall become operative on July 1, 2011.
SEC. 9.
 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.