Today's Law As Amended


PDF |Add To My Favorites | print page

SB-296 Student financial aid: immigrants seeking asylum.(2019-2020)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares both of the following:
(1) Despite California’s commitment to financial aid and college affordability, many immigrants are not eligible for the aid that they need to fund their expenses in college. Among these immigrants are asylum seekers who have filed for asylum and are awaiting an interview date.
(2) Many pending asylees in California may be admitted to a college or a university, but they are not eligible for federal funding until they are granted asylum status. As a result, these students, who have fled persecution, are unable to attend college due to a lack of financial resources.
(b) Therefore, it is the intent of the Legislature to enact legislation to expand eligibility for Cal Grant Program awards to pending-status immigrants, such as pending asylees who are registered with the Department of Homeland Security, allowing them to receive a Cal Grant Program award that covers expenses at accredited California institutions of higher education.

SEC. 2.

 Section 69433.9 of the Education Code is amended to read:

69433.9.
 To be eligible to receive a Cal Grant award under this chapter, a student shall be all of the following:
(a) One of the following:
(1) A citizen of the United States.
(a) (2)  A citizen of the United States, or an  An  eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Secs. Sec.  1070 et seq., as from time to time amended).
(3) A noncitizen who has filed an I-589 Application for Asylum and has a valid employment authorization document and social security number.
(b) In compliance with all applicable Selective Service registration requirements.
(b) (c)  Not incarcerated.
(c) (d)  Not in default on any student loan within the meaning of Section 69507.5.
(d) (e)  (1) For purposes of Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), and Article 4 (commencing with Section 69436), except as provided in subdivision (d) of Section 69436, at the time of high school graduation or its equivalent, be  a resident of California.
(2) A student who does not meet the requirements for a high school diploma or its equivalent in the academic year immediately preceding the award year, but who meets the requirements for a high school diploma or its equivalent by December 31 of the academic year immediately following the date of application, satisfies any requirement for obtaining high school graduation or its equivalent for the purposes of this chapter as of the first day of the academic term immediately following the term in which the requirements for the high school diploma or its equivalent are met.
(3) No student shall receive an award for a term that begins before  prior to  satisfying any requirement for obtaining high school graduation or its equivalent.

SEC. 2.5.

 Section 69433.9 of the Education Code is amended to read:

69433.9.
 To be eligible to receive a Cal Grant award under this chapter, a student shall be all of the following:
(a) One of the following:
(1) A citizen of the United States.
(a) (2)  A citizen of the United States, or an  An  eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Secs. Sec.  1070 et seq., as from time to time amended).
(3) A noncitizen who has filed an I-589 Application for Asylum and has a valid employment authorization document and social security number.
(b) Not incarcerated. In compliance with all applicable Selective Service registration requirements. 
(c) Not in default on any student loan within the meaning of Section 69507.5.
(d) (1) For purposes of Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), and Article 4 (commencing with Section 69436), except as provided in subdivision (d) of Section 69436, at the time of high school graduation or its equivalent, be  a resident of California.
(2) A student who does not meet the requirements for a high school diploma or its equivalent in the academic year immediately preceding the award year, but who meets the requirements for a high school diploma or its equivalent by December 31 of the academic year immediately following the date of application, satisfies any requirement for obtaining high school graduation or its equivalent for the purposes of this chapter as of the first day of the academic term immediately following the term in which the requirements for the high school diploma or its equivalent are met.
(3) No student shall receive an award for a term that begins before  prior to  satisfying any requirement for obtaining high school graduation or its equivalent.
SEC. 3.
 Section 2.5 of this bill incorporates amendments to Section 69433.9 of the Education Code proposed by both this bill and Senate Bill 575. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 69433.9 of the Education Code, and (3) this bill is enacted after Senate Bill 575, in which case Section 2 of this bill shall not become operative.