Bill Text: CA AB130 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 130 (Prior Session Legislation)

Bill Title: Student financial aid: eligibility: California Dream Act

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 93, Statutes of 2011. [AB130 Detail]

Download: California-2011-AB130-Chaptered.html

BILL NUMBER: AB 130	CHAPTERED
	BILL TEXT

	CHAPTER  93
	FILED WITH SECRETARY OF STATE  JULY 25, 2011
	APPROVED BY GOVERNOR  JULY 25, 2011
	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors: Assembly Members Alejo, Roger Hern�ndez, and
Lara)
   (Principal coauthor: Senator De Le�n)
   (Coauthors: Assembly Members Allen, Ammiano, Bonilla, Brownley,
Campos, Eng, Fong, Furutani, Bonnie Lowenthal, Mendoza, Monning, and
Yamada)
   (Coauthors: Senators Hancock, Padilla, and Yee)

                        JANUARY 11, 2011

   An act to amend Section 68130.7 of, and to add Section 66021.7 to,
the Education Code, relating to student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 130, Cedillo. Student financial aid: eligibility: California
Dream Act of 2011.
   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 a prescribed affidavit, is exempt from paying nonresident
tuition at the California Community Colleges and the California State
University.
   This bill would enact the California Dream Act of 2011.
   This bill would provide that, on and after January 1, 2012, a
student attending the California State University, the California
Community Colleges, or the University of California who is exempt
from paying nonresident tuition under the provision described above
would be eligible to receive a scholarship derived from nonstate
funds received, for the purpose of scholarships, by the segment at
which he or she is a student.
   The Donahoe Higher Education Act sets forth, among other things,
the missions and functions of California's public and independent
segments of higher education, and their respective institutions of
higher education. Provisions of the act apply to the University of
California only to the extent that the Regents of the University of
California, by appropriate resolution, act to make a provision
applicable.
   This bill would find and declare that the amendments to the
Donahoe Higher Education Act described above are state laws within
the meaning of a specified federal provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
California Dream Act of 2011.
  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) 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 2011.
  SEC. 3.  Section 66021.7 is added to the Education Code, to read:
   66021.7.  Notwithstanding any other law, on and after January 1,
2012, 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. 4.  Section 68130.7 of the Education Code is amended to read:
   68130.7.  If a state court finds that Section 66021.7 or 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 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
66021.7 or 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.