ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124]
( Article 10 enacted by Stats. 1976, Ch. 1010. )
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges from any surviving spouse or surviving child of a deceased person who met all of the following requirements:
(1) The deceased person was a resident of this state.
(2) The deceased person was employed by a public agency or was
a contractor, or an employee of a contractor, performing services for a public agency, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.
(3) The deceased person’s principal duties consisted of active law enforcement service or active fire suppression and prevention. This section does not apply to a person whose principal duties were clerical, even if the person was subject to occasional call or was occasionally called upon to perform duties within the scope of active law enforcement or active fire suppression and prevention.
(4) The deceased person was killed in the performance of active law enforcement or active fire suppression and prevention duties, died as a result of an accident or an injury caused by external violence or physical force incurred in the performance of the person’s
active law enforcement or active fire suppression and prevention duties, or died as a result of an industrial injury or illness arising out of and in the course of active law enforcement or fire suppression and prevention duties.
(b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child of a contractor, or of an employee of a contractor, who performed services for a public agency shall, in addition to the requirements set forth in subdivision (a), meet both of the following requirements:
(1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a community college campus.
(2) Documentation that the student’s
annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant B award, as set forth in Section 69432.7.
(c) As used in this section:
(1) “Contractor” or “employee of a contractor” does not include a security guard or security officer, as defined in Section 7582.1 of the Business and Professions Code.
(2) “Public agency” means the state or any city, county, city and county, district, or other local authority or public body of or within the state.
(3) “Spouse” has the same meaning as defined in Section 22171.
(4) “Surviving child” means either of the following:
(A) A surviving natural or adopted child of the deceased person.
(B) A surviving stepchild who meets both of the following requirements:
(i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death.
(ii) The stepchild was claimed on the tax form most recently filed by the deceased person before that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both.
(Amended by Stats. 2022, Ch. 478, Sec. 15. (AB 1936) Effective January 1, 2023.)
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges, from any surviving spouse or surviving child of a deceased person who met all of the following requirements:
(1) The deceased person was a resident of this state.
(2) The deceased person was a licensed physician or a
licensed nurse employed by or under contract with a health facility regulated and licensed by the State Department of Public Health to provide medical services or a first responder employed to provide emergency services as described in Section 8562 of the Government Code.
(3) The deceased person’s principal duties consisted of providing medical services or emergency services during the COVID-19 pandemic state of emergency.
(4) The deceased person died of COVID-19 during the COVID-19 pandemic state of emergency.
(b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child or spouse of a licensed physician, licensed nurse, or first responder, as defined in this section, in addition to the
requirements set forth in subdivision (a), shall meet all of the following requirements:
(1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a campus of the California Community Colleges.
(2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant A award, as set forth in Section 69432.7.
(3) The surviving child or spouse was a resident of California during the COVID-19 pandemic state of emergency.
(c) Any determination of eligibility shall be confirmed through documentation of a certified death certificate and
documentation of the deceased’s employment during the COVID-19 pandemic state of emergency provided by the surviving child or spouse.
(d) A determination of residency shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition. Exemptions to residency determination shall apply to this section.
(e) As used in this section:
(1) “COVID-19 pandemic state of emergency” means the period of time from the first declaration of emergency on March 4, 2020, until the Governor lifts the state of emergency.
(2) “First responder” has the same definition as in Section 8562 of the Government Code.
(3) “Licensed nurse” means a holder of a nursing license for
medical care authorized by the Board of Registered Nursing or by the Board of Vocational Nurses and Psychiatric Technicians of the State of California.
(4) “Licensed physician” means a holder of a physician’s and surgeon’s certificate who is engaged in the professional practice of providing medical care authorized by the Medical Board of California.
(5) “Surviving child” means either of the following:
(A) A surviving natural or adopted child of the deceased person.
(B) A surviving stepchild who meets both of the following requirements:
(i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death.
(ii) The stepchild was claimed on the tax form most recently filed by the deceased person prior to that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both.
(6) “Surviving spouse” has the same meaning as “spouse” in Section 22171.
(f) (1) A surviving spouse is entitled to the fee waiver authorized by this section until January 1, 2033.
(2) A surviving child is entitled to the fee waiver authorized by this section until that person attains 30 years of age.
(Amended by Stats. 2022, Ch. 478, Sec. 16. (AB 1936) Effective January 1, 2023.)
Any determination of eligibility pursuant to Section 68120 shall be consistent with any findings of the Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, as to whether the death of the person described under subdivision (a) of that section was industrial.
(Added by Stats. 2002, Ch. 450, Sec. 1. Effective January 1, 2003.)
The college named in Section 92200 and each campus of the California Community Colleges and the California State University that has an internet website shall, and each campus of the University of California that has an internet website shall, in the event that an appropriate resolution is enacted pursuant to Section 68134, provide an online posting or notice of systemwide fee or tuition waivers available to students pursuant to Section 68120, Section 68120.3, or both, as applicable. The online posting or notice shall be done in accordance with all of the following:
(a) It shall be accessible through a prominent direct link to an application for a waiver of the systemwide fee or tuition.
(b) The direct link shall appear
on the primary internet web page of the financial aid section of the campus website.
(c) The direct link shall be accompanied by a description of the systemwide fee or tuition waiver to clearly indicate the type of student who would potentially be eligible to apply.
(Amended by Stats. 2022, Ch. 478, Sec. 17. (AB 1936) Effective January 1, 2023.)
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California or the Trustees of the California State University, from a student who is in an undergraduate program and who is the surviving dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center in New York City, the Pentagon building in Washington, DC, or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if the student meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following apply:
(1) The surviving dependent was a resident of California on September 11, 2001.
(2) The individual killed in the attacks was a resident of California on September 11, 2001.
(b) (1) The California Victim Compensation Board shall identify all persons who are eligible for tuition and fee waivers pursuant to this section or subdivision (j) of Section 76300. That board shall notify these persons or, in the case of minors, the parents or guardians of these persons, of their eligibility for tuition and fee waivers under these provisions. This notification shall be in writing, and shall be received by all of the appropriate persons no later than July 1, 2003.
(2) The Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district in the state shall waive tuition and fees, as specified in this section
and in subdivision (j) of Section 76300, for any person who can demonstrate eligibility. If requested by the California State University, the University of California, the college named in Section 92200, or a California Community College, the California Victim Compensation Board, on a case-by-case basis, shall confirm the eligibility of persons requesting the waiver of tuition and fees, as provided for in this section.
(c) A determination of whether a person is a resident of California on September 11, 2001, shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition.
(d) (1) “Dependent,” for purposes of this section, is a person who, because of their relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the
federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under this section until that person obtains the age of 30 years.
(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.
(Amended by Stats. 2022, Ch. 478, Sec. 18. (AB 1936) Effective January 1, 2023.)
(a) Notwithstanding any other law, students who are victims of trafficking, domestic violence, and other serious crimes who have been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), 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 to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.
(b) The University of California is requested to adopt policies that are consistent with this section.
(Added by Stats. 2012, Ch. 509, Sec. 1. (AB 1899) Effective January 1, 2013.)
Notwithstanding any other provision of law, the Trustees of the California State University may enter into agreements with other universities or colleges located within the state whereby qualified students from campuses of the California State University may attend the other universities or colleges without payment of some or all fees or tuition, or both, charged by the other institutions, and students from the other institutions may attend campuses of the California State University without payment of some or all of the fees or tuition, or both, charged by the state university. During any year, however, the number of students attending campuses of the California State University from other universities or colleges, pursuant to the agreements entered in between the Trustees of the California State University and other universities and colleges, shall not exceed the number of students of the California State University attending the other institutions.
(Amended by Stats. 1983, Ch. 143, Sec. 69.)
The trustees may enter into agreements with public colleges and universities in other states whereby qualified students from the California State University may attend the other college or university without payment of any tuition fee charged by that institution to persons who are nonresidents of the state in which it is situate, and students from that institution may attend the California State University without payment of the nonresident tuition established pursuant to Section 89705. No nonresident tuition shall be charged of students attending a campus of the California State University pursuant to an agreement entered into under this section. During any year, however, the number of students attending the California State University from a particular public college or university in another state, pursuant to the agreement, shall not exceed the number of the California State University students attending the institution under that agreement.
(Amended by Stats. 1983, Ch. 143, Sec. 70.)