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AB-1758 Postsecondary education.(2007-2008)



Current Version: 04/01/08 - Amended Assembly

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AB1758:v96#DOCUMENT

Amended  IN  Assembly  April 01, 2008
Amended  IN  Assembly  March 24, 2008
Amended  IN  Assembly  February 13, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1758

Introduced  by  Assembly Member DeVore
 (Coauthor(s): Assembly Member Garrick, Houston, La Malfa, Portantino, Silva)
 (Coauthor(s): Senator Battin, Dutton, Hollingsworth, Runner, Wyland)

January 07, 2008

An act to repeal Section 68130.5 of the Education Code, to add Article 5 (commencing with Section 275) to Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code, and to repeal Section 1 of Chapter 814 of the Statutes of 2001, relating to An act to add Article 5 (commencing with Section 275) to Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1758, as amended, DeVore. Postsecondary education.

Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed an affidavit as specified, is exempted from paying nonresident tuition at the California Community Colleges and the California State University. The act enacting that exemption also made related legislative findings and declarations.

This bill would repeal that exemption and those legislative findings and declarations.

Existing law provides certain benefits for qualifying members of the California National Guard.
This bill would require any campus of the University of California, the California State University, or the California Community Colleges to provide a tuition and fee waiver, as specified, charged to any qualified member, as defined. These provisions would only apply to the University of California to the extent the regents make them applicable by resolution.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 68130.5 of the Education Code is repealed.

SEC. 2.SECTION 1.

 Article 5 (commencing with Section 275) is added to Chapter 3 of Part 1 of Division 2 of the Military and Veterans Code, to read:
Article  5. California National Guard Education Assistance Act

275.
 (a) Notwithstanding any other provision of law, the University of California, the California State University, or the California Community Colleges, as applicable, shall provide a tuition and fee waiver to any qualified member to meet the full cost, as authorized by this section, of any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, charged to any qualified member.
(b) A qualified member shall receive up to 60 units of tuition and fee waivers for every three years that he or she has committed to serve in the California National Guard.
(c) The total amount of tuition and fee waivers authorized by this section shall not exceed 120 units per qualified member.
(d) The tuition and fee waivers authorized by this section shall only be available to a qualified member for a period of seven years following the date that the qualified member fulfills the service commitments necessary to receive the tuition and fee waivers.
(e) The tuition and fee waivers authorized by this section shall not be provided for any mandatory systemwide tuition and fees, including enrollment fees, registration fees, differential fees, or incidental fees, that are covered by a Cal Grant that has been awarded to the qualified member, or by a Board of Governors Enrollment Fee Waiver for which the qualified member is otherwise eligible to receive.
(f) A tuition and fee waiver, as authorized by this section, shall be provided only to a qualified member who made a timely application for all Cal Grant assistance for which the member may qualify for the academic year in which a tuition and fee waiver is under consideration.
(g) For purposes of the section, “qualified member” means a person who:
(1) Has served or is currently serving in the California National Guard, and has maintained satisfactory service throughout the period that qualifies him or her for educational assistance under this section.
(2) Has committed to at least three years of service in the California National Guard.
(3) Is accepted for enrollment at any campus of the University of California, the California State University, or the California Community Colleges.
(h) Any person who joined the California National Guard prior to January 1, 2009, shall be required to recommit to the California National Guard for at least three additional years, in order to receive the educational assistance under this section.
(i) Any qualified member who is dismissed from any campus of the University of California, the California State University, or the California Community Colleges due to poor academic performance shall not be eligible to receive the educational assistance under this section in the future.
(j) Any qualified member who receives educational assistance under this section and fails to fulfill his or her commitment to the California National Guard shall pay to the postsecondary institution an amount equal to the value of the tuition and fee waiver received under this section.
(k) The Military Department shall determine whether an individual meets the requirements of “qualified member” as set forth in subdivision (g).
(l) No provision of this section shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable.

SEC. 3.Section 1 of Chapter 814 of the Statutes of 2001 is repealed.