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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 130	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors: Assembly Members Alejo, Roger Hernández, and
Lara)
   (Principal coauthor: Senator De León)
   (Coauthors: Assembly Members Allen, Ammiano, Bonilla, 
Brownley,  Campos, Eng, Fong, Furutani, Monning, and Yamada)
   (Coauthors: Senators Hancock, Padilla, and Yee)

                        JANUARY 11, 2011

   An act  to amend Section 68130.7 of,  to amend,
repeal, and add Section 68130.5 of, and to add Section 66021.7 to,
the Education Code, relating to student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 130, as amended, Cedillo. Student financial aid: eligibility:
California Dream Act of 2011.
   (1) 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. The bill,
as of July 1, 2011, would exempt a person who has attended, for 3 or
more years, at least one of which shall have been in a high school,
and graduated from, secondary school in California from paying
nonresident tuition at the California Community Colleges and the
California State University. Under the bill, persons attending and
graduating from California technical schools and adult schools, as
well as high schools, would be included within the scope of this
provision.
   (2) 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.
   In any action in which a state court finds that a specified law,
or any similar provision adopted by the regents, is unlawful,
existing law authorizes the court to order the administering entity
that is the subject of the lawsuit to terminate any waiver awarded
under that statute or action, as equitable relief, prohibits the
award of money damages, tuition refund or waiver, or other
retroactive relief, and provides that 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 in a
lawsuit.
   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.
   Existing federal law requires that a state may provide that an
alien who is not lawfully present in the United States is eligible
for any state or local public benefit for which that alien would
otherwise be ineligible under a specified federal law only through
enactment of a state law that affirmatively provides for that
eligibility.
   This bill would find and declare that the amendments to the
Donahoe Higher Education Act described above are state laws within
the meaning of this federal provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 68130.5 of the Education Code is amended 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) High school attendance in California for three or more years.
   (2) Graduation from a California high 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 remain in effect only until July 1, 2012,
and as of that date is replealed, unless a later enacted statute,
that is enacted before July 1, 2012, deletes or extends that date.
  SEC. 5.  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, 2012. 
  SEC. 6.    Section 68130.7 of the Education Code
is amended to read:
   68130.7.  If a state court finds that 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 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.