Bill Text: CA AB1746 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1746 (Prior Session Legislation)

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

Bill Title: Student financial aid: Cal Grant Reform Act.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Engrossed - Dead) 2022-07-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1746 Detail]

Download: California-2021-AB1746-Amended.html

Amended IN Assembly April 21, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1746

Introduced by Assembly Members Medina and McCarty
(Principal coauthor: Assembly Member Cervantes)
(Principal coauthor: Senator Leyva)
(Coauthors: Assembly Members Berman, Low, Robert Rivas, and Valladares)
(Coauthors: Senators Limón and Ochoa Bogh)

January 31, 2022

An act to amend Sections 8421, 66010.91, 66010.93, 66018.5, 66025.3, 66025.9, 66093.3, 67003.5, 67380, 67453, 68120, 68121, 69000, 69438.3, 69438.5, 69465, 69470, 69506, 69511, 69513.2, 69514, 69519, 69550, 69999.16, 69999.18, 76300, 78221, 78261.5, 88931, 89295, and 92675 of, to amend the heading of Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of, to amend and repeal Section 66021.2 of, to add Chapter 1.5 (commencing with Section 69405) to, and to add and repeal Article 11 (commencing with Section 69475) of Chapter 1.7 of, Part 42 of Division 5 of Title 3 of, the Education Code, to amend Section 4709 of the Labor Code, and to amend Section 5024 of the Vehicle Code, relating to student financial aid.

LEGISLATIVE COUNSEL'S DIGEST

AB 1746, as amended, Medina. Student financial aid: Cal Grant Reform Act.

(1) Existing law establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for these awards for participating students attending qualifying institutions.

This bill would enact the Cal Grant Reform Act, which would revise and recast the provisions establishing and governing the existing Cal Grant Program into a new Cal Grant Program. The bill would specify that the Cal Grant Reform Act would only become operative upon the appropriation by the Legislature, in the annual Budget Act or another statute, of sufficient funds to fully implement its provisions. The bill would authorize the commission to adopt emergency regulations to implement the Cal Grant Reform Act. The new Cal Grant Program would also include a Cal Grant 2 Program and a Cal Grant 4 Program, with eligibility requirements as specified.

The provisions rendering several existing provisions of the Cal Grant Program inoperative would take effect on July 1, 2024, or on a date determined in the annual Budget Act, whichever date is later. The Cal Grant Reform Act would become operative for students to apply for aid beginning October 1, 2023, and to receive aid for the 2024–25 academic year.

The bill would require the Trustees of the California State University, and request the Regents of the University of California, to adopt a statement of policy on or before June 30, 2023, on how their institutional aid programs address student basic needs and how these institutional funds are prioritized for disbursement.

The bill would require the University of California, the California State University, private nonprofit and for-profit institutions of higher education, and community college districts whose students receive Cal Grant aid to report specified data to the Department of Finance, the Legislative Analyst’s Office, and the higher education policy and fiscal committees of the Legislature for each academic year, starting with the 2022–23 academic year, by March 31 of the subsequent academic year. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 8421 of the Education Code is amended to read:

8421.

There is hereby established the 21st Century High School After School Safety and Enrichment for Teens program. The purpose of the program is to create incentives for establishing locally driven after school enrichment programs that partner schools and communities to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular schoolday, and that support college and career readiness.

(a) High school after school programs shall serve pupils in grades 9 to 12, inclusive.

(b) A high school after school program established pursuant to this article shall consist of the following two elements:

(1) (A) An academic assistance element that shall include, but need not be limited to, at least one of the following: tutoring, career exploration, homework assistance, or college preparation, including information about the Cal Grant Reform Act established pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3, or the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3, as it read on December 31, 2022. The assistance shall be coordinated with the regular academic programs of the pupils.

(B) For purposes of this article, “career exploration” means activities that help pupils develop the knowledge and skills that are relevant to their career interests and reinforce academic content.

(2) An enrichment element that may include, but need not be limited to, community service, career and technical education, job readiness, opportunities for mentoring and tutoring younger pupils, service learning, arts, computer and technology training, physical fitness, and recreation activities.

(d) An entity may operate programs on one or multiple sites. If an entity plans to operate programs at multiple sites, only one application is required.

(e) A program may operate on a schoolsite or on another site approved by the department during the grant application process. A program located off school grounds shall not be approved unless both of the following criteria are met:

(1) Safe transportation is available to transport participating pupils if necessary.

(2) The program is at least as available and accessible as similar programs conducted on schoolsites.

(f) Applicants for grants pursuant to this article shall ensure that all of the following requirements are fulfilled, if applicable:

(1) The application includes a description of the activities that will be available for pupils and lists the program hours.

(2) The application includes an estimate of the following:

(A) The number of pupils expected to attend the program on a regular basis.

(B) The average hours of attendance per pupil.

(C) The percentage of pupils expected to attend the program less than three days a week, three days a week, and more than three days a week, for each quarter or semester during the grant period.

(3) The application documents the commitments of each partner to operate a program at a location or locations that are safe and accessible to participating pupils.

(4) The application certifies that pupils were involved in the design of the program and describes the extent of that involvement.

(5) The application identifies federal, state, and local programs that will be combined or coordinated with the high school after school program for the most effective use of public resources, and describes a plan for implementing the high school after school program beyond federal grant funding.

(6) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.

(7) The application includes a certification that the applicant has complied with the requirement in subdivision (b) of Section 8422.

(8) The application includes a certification that each applicant or partner in the application agrees to do all of the following:

(A) Assume responsibility for the quality of the program.

(B) Follow all fiscal reporting and auditing standards required by the department.

(i) Schoolday attendance rates.

(ii) Program attendance.

(D) Acknowledge that program evaluations will be based upon the criteria in Section 8427.

(9) Certify that the applicant has complied with all federal requirements in preparing and submitting the application.

(g) The department shall not establish minimum attendance requirements for individual pupils.

(h) It is the intent of the Legislature that, to the extent possible, the department require applicants to submit the information required by this section in a short and concise manner.

SEC. 2.

Section 66010.91 of the Education Code is amended to read:

66010.91.

(a) In order to promote the state’s competitive economic position and quality of civic life, it is necessary to increase the level of educational attainment of California’s adult population to meet the state’s civic and workforce needs. To achieve that objective, it is the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to all of the following goals:

(1) Improve student access and success, which shall include, but not necessarily be limited to, all of the following goals: greater participation by demographic groups, including low-income students, that have historically participated at lower rates, greater completion rates by all students, and improved outcomes for graduates.

(2) Better align degrees and credentials with the state’s economic, workforce, and civic needs.

(3) Ensure the effective and efficient use of resources in order to increase high-quality postsecondary educational outcomes and maintain affordability.

(b) (1) Therefore, it is the intent of the Legislature that students who are recipients of Cal Grant awards maximize their awards via a timely degree completion. It is further the intent of the Legislature that the completion of degree requirements and use of awards align with the goals of the Associate Degree for Transfer program and the California Community College Guided Pathways Grant program, which is based on providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan to help ensure that these students are positioned to complete their programs on time.

(2) It is further the intent of the Legislature that a working group consisting of policymakers from the Legislature, the administration, the Student Aid Commission, the segments of postsecondary education, external advocates, and student representatives be convened to evaluate changes to state and federal financial aid, following the operative date of the act that adds this subdivision.

SEC. 3.

Section 66010.93 of the Education Code is amended to read:

66010.93.

(a) It is the intent of the Legislature that appropriate metrics be identified, defined, and formally adopted for the purpose of monitoring progress toward the achievement of the goals specified in Section 66010.91. It is further the intent of the Legislature that all of the following occur:

(1) The metrics take into account the distinct missions of the different segments of postsecondary education.

(2) At least ~~six,~~ 6, and no more than 12, metrics be developed that can be derived from publicly available data sources for purposes of periodically assessing the state’s progress toward meeting each of the goals specified in Section 66010.91.

(3) The metrics be disaggregated and reported by gender, race or ethnicity, income, age group, and full-time or part-time enrollment status, where appropriate and applicable.

(4) The metrics be used for purposes of the requirements of subdivision (a) of Section 69410.

(5) The metrics take into account the performance measures required to be reported pursuant to Sections 89295 and 92675.

(b) It is the intent of the Legislature to promote progress on the statewide educational and economic policy goals specified in Section 66010.91 through budget and policy decisions regarding postsecondary education. It is the intent of the Legislature that the metrics be used to ensure the effective and efficient use of state resources available to postsecondary education. It is further the intent of the Legislature that progress on the adopted metrics be reported and considered as part of the annual State Budget process.

SEC. 4.

Section 66018.5 of the Education Code is amended to read:

66018.5.

(a) The Legislature finds and declares all of the following:

(1) The recent college admissions scandal highlights the need for fair and transparent admissions processes, and concern for what is referred to as “back door” admissions for legacy and donor-related applicants who collectively do not reflect the diversity of the state.

(2) Research has shown that legacy and donor admissions give an unfair advantage to wealthier students who benefit from having parents or other individuals in their lives who went to college.

(3) It is the intent of the Legislature to enact legislation to bring more fairness and transparency to college admissions in the state, especially at institutions of higher education that enroll students who receive state-funded financial aid.

(b) On or before June 30, 2020, and on or before June 30 of each year from 2021 to 2024, inclusive, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education that is a “qualifying institution,” as defined in subdivision (k) of Section 69406, shall report to the appropriate budget subcommittees and policy committees of the Legislature whether their respective institutions provide any manner of preferential treatment in admission to applicants on the basis of their relationships to donors or alumni of the institution.

(c) Each institution that provides preferential treatment as described in subdivision (b) shall include in its report pursuant to subdivision (b) all of the following for the academic year commencing in the previous calendar year pertaining to applicants described in subdivision (b):

(1) The number of applicants who did not meet the institution’s admission standards that apply to all applicants, but who were offered admission.

(2) The number of applicants reported pursuant to paragraph (1) who accepted admission to the institution.

(3) The number of applicants reported pursuant to paragraph (2) who enrolled at the institution.

(4) The number of applicants who met the institution’s admission standards that apply to all applicants and who were offered admission.

(5) The number of applicants reported pursuant to paragraph (4) who accepted admission to the institution.

(6) The number of applicants reported pursuant to paragraph (5) who enrolled at the institution.

(d) Information reported by the California State University and the University of California pursuant to subdivisions (b) and (c) shall be disaggregated by each campus of these segments.

(e) Notwithstanding Section 67400, this section shall apply to the University of California.

SEC. 5.

Section 66021.2 of the Education Code is amended to read:

66021.2.

Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows:

(a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if the applicant complies with all of the following requirements:

(1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9.

(2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42.

(3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which the applicant is applying.

(b) (1) (A) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in the segment attended by the student, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470.

(B) The maximum Cal Grant B award for a student who is attending the University of California, the California State University, or the California Community Colleges when not enrolled in upper division coursework as described in paragraph (2), shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.

(2) (A) The maximum Cal Grant A award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (a) of Section 69470.

(B) The maximum Cal Grant B award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42.

(1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts.

(2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.

(d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be used only for occupational or technical training.

(e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing.

(f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year.

(g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit.

(h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program.

(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program.

(j) This section shall become inoperative on July 1, 2024, or on the date determined by the annual Budget Act, whichever is later, and as of January 1 of the year immediately following that inoperative date, is repealed.

SEC. 6.

Section 66025.3 of the Education Code is amended to read:

66025.3.

(a) Notwithstanding Section 76300, a campus of the University of California, the California State University, or the California Community Colleges shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to any of the following:

(1) Any dependent eligible to receive assistance under Article 2 (commencing with Section 890) of Chapter 4 of Division 4 of the Military and Veterans Code.

(2) (A) Any child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the national poverty level as defined in subdivision (d).

(B) Notwithstanding Section 893 of the Military and Veterans Code, the Department of Veterans Affairs may determine the eligibility for fee waivers for a child described in subparagraph (A).

(3) Any dependent, or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty, and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. For the purposes of this paragraph, “active service of the state” refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.

(4) (A) Any undergraduate student who is a recipient of a Medal of Honor, commonly known as a Congressional Medal of Honor, or any undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old, if both of the following requirements are met:

(i) The student’s annual income, including the value of any support received from a parent, does not exceed the national poverty level as defined in subdivision (d).

(ii) The recipient of the Medal of Honor who is or was the parent of the undergraduate student is, or at the time of the recipient’s death was, a California resident as determined pursuant to Chapter 1 (commencing with Section 68000) of Part 41.

(B) The Department of Veterans Affairs shall determine the eligibility of any applicant for a fee waiver under this paragraph.

(b) (1) Notwithstanding Section 76300, a campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to a current or former foster youth, if the youth meets all of the following conditions:

(A) Is 25 years of age or younger.

(B) Has been in foster care for at least 12 consecutive months after reaching 10 years of age.

(i) Is under a current foster care placement order by the juvenile court.

(ii) Was under a foster care placement order by the juvenile court upon reaching 18 years of age.

(iii) Was adopted, or entered guardianship, from foster care.

(D) Completes and submits the Free Application for Federal Student Aid (FAFSA).

(E) Maintains a minimum grade point average and meets other conditions necessary for the student to be in good standing at the public postsecondary educational institution in which the student attends, as determined by the appropriate public postsecondary segment.

(F) Meets the financial need requirements established for Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42, as it read on December 31, 2022, or is eligible for a Cal Grant 2 or 4 award.

(2) A student shall not have the student’s mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of attendance in a four-year undergraduate program.

(3) The amount of a student’s tuition or fee waiver pursuant to this subdivision shall be reduced by any state or federal financial aid, including scholarships or grants, received by the student for the academic year or semester, or the equivalent, in which the student receives the tuition or fee waiver pursuant to this subdivision.

(c) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which the person applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.

(d) As used in this section, the “national poverty level” is the poverty threshold for one person, as most recently calculated by the Bureau of the Census of the United States Department of Commerce.

(e) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of California pursuant to Chapter 1 (commencing with Section 68000) of Part 41.

(f) Subdivision (a) shall not apply to a dependent of a veteran within the meaning of paragraph (4) of subdivision (a) of Section 890 of the Military and Veterans Code.

(g) The provisions of this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make a provision applicable.

SEC. 7.

Section 66025.9 of the Education Code is amended to read:

66025.9.

(a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth, former foster youth, homeless youth, or former homeless youth.

(b) For purposes of this section:

(1) “Foster youth and former foster youth” means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than 25 years of age at the commencement of the academic year.

(2) “Homeless youth and former homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of the youth’s application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69406, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:

(A) A homeless services provider, as that term is defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code.

(B) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.

(D) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.

(E) For American Indian students, a representative of the student’s tribe or a representative of a tribal organization that is a homeless services provider.

(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution.

SEC. 8.

Section 66093.3 of the Education Code is amended to read:

66093.3.

The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (k) of Section 69406, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law:

(a) Refrain from disclosing personal information about students, faculty, and staff except: (1) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified; (2) as may legally be disclosed under state and federal privacy laws; (3) for the programmatic purpose for which the information was obtained; (4) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or (5) in response to a judicial warrant, court order, or subpoena.

(b) Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order.

(c) If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody.

(d) Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This subdivision shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities.

(e) Advise all students, faculty, and staff responding to or having contact with a an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena.

(f) Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone. Nothing in this subdivision shall be construed to require a college or university to hire staff to fulfill the requirements of this subdivision.

(g) Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not necessarily be limited to, the organization’s name and contact number, email address, and office address.

(h) Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law.

(i) (1) Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff:

(A) A copy of the policy adopted pursuant to subdivision (h).

(B) Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order.

(2) Update the information posted on its internet website pursuant to paragraph (1) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures.

(j) In the event that an undocumented student is subject to a federal immigration order, ensure that both of the following occur:

(1) In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good-faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports.

(2) That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions.

(k) For purposes of this article, “immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law.

SEC. 9.

Section 67003.5 of the Education Code is amended to read:

67003.5.

(a) A postsecondary educational institution that is a “qualifying institution,” as defined in Section 69406, shall do both of the following:

(1) Designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as the Homeless and Foster Student Liaison. The Homeless and Foster Student Liaison shall be responsible for understanding the provisions of the federal Higher Education Act pertaining to financial aid eligibility of current and former foster youth, homeless youth, and former homeless youth, including unaccompanied homeless youth, and for identifying services available and appropriate for enrolled students who fall under one or more of these categories. The liaison shall assist these students in applying for and receiving federal and state financial aid and available services.

(2) Inform current and prospective students of the institution about student financial aid and other assistance available to homeless youth, former homeless youth, and current and former foster youth, including their eligibility as independent students under Section 1087vv of the federal Higher Education Act, as that section read on December 31, 2015.

(b) The Regents of the University of California are requested to adopt policies that are, to the extent that is feasible, equivalent to the provisions of subdivision (a).

(c) The definitions of foster youth, former foster youth, homeless youth, and former homeless youth in subdivision (b) of Section 66025.9 shall apply to this section.

SEC. 10.

Section 67380 of the Education Code, as amended by Section 15 of Chapter 423 of the Statutes of 2018, is amended to read:

67380.

(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:

(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:

(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.

(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.

(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:

(A) A description of the act of hate violence.

(B) Victim characteristics.

(3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.

(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.

(4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.

(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations.

(6) (A) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:

(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.

(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

(C) This paragraph applies only as a condition for participation in the Cal Grant Reform Act established pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42, or the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42, as it read on December 31, 2022.

(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.

(1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.

(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.

(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.

(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.

SEC. 11.

Section 67380 of the Education Code, as amended by Section 74 of Chapter 615 of the Statutes of 2021, is amended to read:

67380.

(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:

(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.

(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:

(A) A description of the act of hate violence.

(B) Victim characteristics.

(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.

(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

SEC. 12.

Section 67453 of the Education Code is amended to read:

67453.

(a) (1) Unless a student athlete declines the payment of premiums, an athletic program shall be responsible for paying the premiums of each of its student athletes whose household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7, as it read on December 31, 2022, or who meets the eligibility requirements for a Cal Grant 2 or 4 award, for insurance covering claims resulting from their participation in the athletic program.

(2) An athletic program shall be responsible for paying the insurance deductible amount applicable to the claim of any student athlete who suffers an injury resulting from the student athlete’s participation in the athletic program and makes a claim relating to that injury.

(3) If a student athlete suffers an injury resulting from the student athlete’s participation in the athletic program that requires ongoing medical treatment, the athletic program shall provide, for a minimum of two years following the student athlete’s graduation or separation from the institution of higher education, one of the following:

(A) The necessary medical treatment.

(B) Health insurance that covers the injury and the resulting deductible amounts.

(4) This subdivision shall not apply to preexisting medical conditions that predate the student athlete’s participation in the athletic program.

(b) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program shall adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(d) An institution of higher education to which this section applies shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section.

SEC. 13.

Section 68120 of the Education Code is amended to read:

68120.

(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 Hastings College of the Law, 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, as it read on December 31, 2022, or that the student meets the eligibility requirements for a Cal Grant 2 or 4 award.

(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 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.

SEC. 14.

Section 68121 of the Education Code is amended to read:

68121.

(a) Notwithstanding any other provision of 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, as it read on December 31, 2022, for the Cal Grant A Program or meets the eligibility requirements for a Cal Grant 2 or 4 award, 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~~ 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, Hastings College of the Law, 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 the person’s 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.

SEC. 15.

Section 69000 of the Education Code is amended to read:

69000.

(a) (1) Mandatory systemwide fees or tuition of any kind shall not be required or collected by the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any community college district from a student who has been exonerated, as that term is defined in Section 3007.05 of the Penal Code, if the student meets all of the following conditions:

(A) Completes and submits the Free Application for Federal Student Aid (FAFSA).

(B) Meets the financial need requirements established for Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42, as it read on December 31, 2022, or meets the eligibility requirements for a Cal Grant 2 or 4 award.

(2) A student shall not have the student’s mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of six years of full-time attendance in an undergraduate program.

(b) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which the person applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.

(c) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of this state pursuant to this chapter.

SEC. 16.

Chapter 1.5 (commencing with Section 69405) is added to Part 42 of Division 5 of Title 3 of the Education Code, to read:

CHAPTER 1.5. The Cal Grant Reform Act

Article 1. General Provisions

69405.

This chapter shall be known, and may be cited, as the Cal Grant Reform Act. This chapter continues, without interruption or diminution, the operation of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established under Chapter 1.7 (commencing with Section 69430) as it read on December 31, 2022, until July 1, 2024, or the date determined by the annual Budget Act. This chapter shall only become operative upon the appropriation by the Legislature, in the annual Budget Act or another statute, of sufficient funds to fully implement its provisions.

69406.

As used in this chapter, the following terms have the following meanings:

(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.

(b) “Access costs” means living expenses and expenses for transportation, supplies, technology, and books.

(d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.

(e) “Commission” means the Student Aid Commission.

(f) “Eligibility index for student aid,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.

(g) “Enrollment status” means part- or full-time status.

(1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.

(2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.

(h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework.

(i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.

(j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.

(k) (1) “Qualifying institution” means an institution that complies with paragraphs (2) and (3) and is any of the following:

(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:

(i) Federal Work-Study Program.

(ii) Federal Stafford Loan Program.

(iii) Federal Supplemental Educational Opportunity Grant Program.

(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status.

(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the internet website of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an internet website address labeled as an access point for the data on the passage rates of recent program graduates on the internet website where enrollment information is also located, on an internet website that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.

(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).

(3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.

(B) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.

(C) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B) or (E), as applicable.

(ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B) or (E), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.

(D) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.

(E) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution.

(F) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).

(G) The commission shall do all of the following:

(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (B) or (E) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.

(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) that the student’s Cal Grant award will be eliminated if the student attends the ineligible institution in an academic year in which the institution is ineligible.

(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.

(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (B) and (E), respectively.

(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.

(l) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining “satisfactory academic progress” in a manner that is consistent with those federal standards. The regulations adopted by the commission under this subdivision shall, to the extent consistent with applicable federal standards, provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at the institution they attend, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.

69407.

(a) Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to, and selection of, an institution of higher education for students with financial need, the long-term policy of the Cal Grant Reform Act established pursuant to this chapter shall be that, commencing with the 2024–25 award year and every year thereafter, an applicant for a Cal Grant award shall receive an award for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, as specified for each Cal Grant award type, if the applicant complies with both of the following requirements:

(A) Demonstrates financial need.

(B) Complies with each of the applicable eligibility criteria.

(b) An institution of higher education in this state that participates in the Cal Grant Program shall not reduce its level of need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the academic year before July 1, 2022.

(c) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to, and selection of, an institution of higher education for students with financial need.

(d) It is the policy of the State of California that the Cal Grant Program supplement the federal Pell Grant program.

(e) An award under the Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program.

69408.

(a) The commission shall adopt regulations necessary to implement this chapter, and these regulations shall become operative no sooner than July 1, 2023. Notwithstanding any other provision of law, the commission may adopt emergency regulations pursuant to Section 11346.1 of the Government Code in order to ensure that the program enacted by this chapter may function in its first academic year. Those emergency regulations shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

(b) Regulations pursuant to subdivision (a) shall not affect the application of Chapter 1.7 (commencing with Section 69430), as it read on December 31, 2022, to students already receiving assistance pursuant to that chapter. These regulations shall provide guidance to institutions that assist in applying Chapter 1.7 (commencing with Section 69430) and this chapter during any period of overlap.

69409.

Pursuant to the long-term policy of the Cal Grant Program established pursuant to Section 69407, the commission shall make awards under the Cal Grant Program for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, in accordance with the following:

(a) The commission shall determine the timelines and procedures for the application process for awards, as well as the timelines and procedures for the distribution of those awards, under this chapter. In determining those timelines and procedures, the commission shall take into consideration the relevant academic calendars of high schools and postsecondary educational institutions and shall ensure that students and their families have sufficient time to complete the application process and, once the results of that process are known, to make informed decisions about achieving the students’ educational goals with any available Cal Grant award.

(b) (1) As a continuation of the Cal Grant C Program established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022, an otherwise eligible student enrolled in qualifying occupational and technical training program who would have been eligible for aid under the Cal Grant C Program, shall be eligible to receive a prorated award amount, based on program duration, for a Cal Grant 2 award or Cal Grant 4 award for an occupational or technical training program.

(2) A qualifying occupational and technical training program shall be defined and determined based on the criteria established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022.

69410.

(a) (1) As a condition for its voluntary participation in the Cal Grant Reform Act Program, each Cal Grant participating institution shall annually report to the commission, and as further specified in an institutional participation agreement, both of the following for its undergraduate programs:

(A) Enrollment, persistence, and graduation data for all students, disaggregated by race and financial aid recipient status.

(B) The job placement rate and salary and wage information for each program that is either designed or advertised to lead to a particular type of job or advertised or promoted with a claim regarding job placement.

(2) The institutional participation agreement shall not be subject to the requirements of the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(b) As a condition for participation in the Cal Grant Program, a participating institution shall submit an annual report to the Department of Finance and the Legislature on the uses of its institutional aid, and how the average financial aid award packages compare to the total cost of attendance at that institution. A participating institution shall include in the report submitted pursuant to this subdivision the enrollment, persistence, and graduation data reported to the commission under paragraph (1) of subdivision (a).

(1) The information submitted by a Cal Grant participating institution pursuant to subdivision (a), which shall be made available in a searchable database.

(2) Other information and links that are useful to students and parents who are in the process of selecting a college or university. This information may include, but not necessarily be limited to, local occupational profiles available through the Employment Development Department’s Labor Market Information Data Library.

69411.

To be eligible for a Cal Grant Program award under this chapter, a student shall be all of the following:

(a) A citizen of the United States, or an eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965, as amended from time to time (20 U.S.C. Sec. 1070 et seq.).

(b) A resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000). The recipient shall remain eligible for award renewal only if the recipient is a California resident, and is attending, and making satisfactory academic progress at, a qualifying institution, as determined by the commission.

69412.

(a) Except as otherwise provided in this section, Cal Grant 2 and 4 awards may be renewed for a total of the equivalent of four years of full-time attendance in an undergraduate program, provided the student still meets other program eligibility requirements. Commencing with the 2024–25 award year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in the student’s course of study as designated by the institution of attendance when the recipient initially receives payment for a grant.

(b) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant 2 and 4 awards may be renewed for a total of five years of full-time attendance.

(c) (1) A Cal Grant recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant 2 or 4 award for a total of five years of full-time attendance, provided they still meet other program eligibility requirements.

(2) Payment for the fifth year of full-time attendance is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses.

(3) A student’s Cal Grant 2 or 4 renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision.

(d) (1) For a current or former foster youth, Cal Grant 2 or 4 awards may be renewed for a total of the equivalent of eight years of full-time attendance in an undergraduate program.

(2) For purposes of this subdivision, “current or former foster youth” means a person whose dependency was established or continued by the court on or after the date on which the person reached 13 years of age.

69413.

(a) For purposes of this section, “associate degree for transfer commitment” means a commitment by an independent institution of higher education that chooses to accept the California Community College associate degree for transfer pursuant to Section 66749.6.

(b) Maximum Cal Grant 2 and 4 award amounts for students at independent institutions of higher education and private for-profit postsecondary educational institutions shall be identified in the annual Budget Act. Maximum Cal Grant 2 and 4 award amounts for students attending public institutions and maximum Cal Grant 2 and 4 award amounts at private for-profit institutions shall be referenced in the annual Budget Act.

(c) Notwithstanding subdivision (b), the maximum tuition award amounts for Cal Grant 2 and 4 students attending independent institutions of higher education for the 2024–25 award year and each award year thereafter shall be as follows:

(1) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds the target specified in subdivision (h), nine thousand two hundred twenty dollars ($9,220) for new recipients.

(2) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is less than the target specified in subdivision (f), eight thousand fifty-six dollars ($8,056) for new recipients.

(d) It is the intent of the Legislature that independent institutions of higher education make a good faith effort to make the process for transferring from the California Community Colleges easier for resident students and a decision determining the maximum award amounts made pursuant to this section for students attending an independent institution of higher education will be made with consideration of the effort of the institution to make that process easier.

(e) The association representing the largest number of independent institutions of higher education shall submit a report relative to the implementation of this section to the Department of Finance and the Legislature, in conformity with Section 9795 of the Government Code, on or before April 15 of each year following the 2024–25 award year.

(f) For the 2024–25 award year and each award year thereafter, the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments shall be equal to the number of new transfer students attending independent institutions of higher education who were given associate degree for transfer commitments in the prior award year, adjusted by the percentage change in the total number of new transfer students from the year two years prior, compared to the prior year.

(i) For purposes of this section, “independent institution of higher education” has the same meaning as in Section 66010.

69414.

The commission may determine that an advance payment is essential to ensure that funds provided pursuant to this chapter to assist students to enroll in postsecondary education are available at the time students enroll. Upon making that determination, the commission may, on the basis of institutional academic calendars, advance, per term to authorized postsecondary educational institutions, the funds for eligible students who have indicated they will attend those institutions, less an amount based on historical claim enrollment attrition information. Each institution shall disburse the funds in accordance with the provisions set forth in the institutional agreement between the commission and the institution.

69415.

(a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant.

(b) (1) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).

(2) “Eligibility index for student aid,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.

(c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant ~~applicants.~~ applicants, as described in subdivision (a).

(2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, no later than October 1 of each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if the pupil is 18 years of age, to submit the pupil’s social security number to the commission.

(3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee.

(4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average.

(5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter.

(6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application.

(d) (1) The school district or charter school shall, no later than January 1 of a pupil’s grade 11 academic year, notify, in writing, each grade 11 pupil and, for a pupil under 18 years of age, the pupil’s parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission and the submission deadline of October 1. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant.

(2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt the pupil out and, if before the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out.

69416.

(a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69415.

(b) If the commission requires verification of high school graduation or its equivalent pursuant to subdivision (a), the commission shall provide guidance to high schools or high school districts to ensure that high schools and high school districts verify the graduation of their pupils as soon as possible upon a pupil’s graduation and no later than August 31 of the academic year following the pupils’ graduation. This subdivision also applies to pupils who graduate during the summer following the grade 12 academic year.

69417.

(a) For purposes of this section, “qualifying institution” has the same meaning as in subdivision (k) of Section 69406.

(b) Upon the initial award and renewal of a Cal Grant award, the commission shall notify the award recipient in writing, which may include electronic mail, of both of the following:

(1) A Cal Grant award is limited to four academic years, except as provided in Section 69412.

(2) A student needs to take 15 units per semester or the equivalent quarter units, or 30 semester units or the equivalent quarter units per academic year, in order to graduate within four years.

(c) During the orientation of a new student, a qualifying institution shall notify the student in writing of the information described in paragraphs (1) and (2) of subdivision (b).

(d) Upon annual registration by a student receiving state financial aid, the financial aid office of a qualifying institution shall notify that student in writing of the information described in paragraphs (1) and (2) of subdivision (b).

(e) During online registration by a student for fewer than 15 semester units or the equivalent quarter units, the information contained in paragraphs (1) and (2) of subdivision (b) must be provided to the student with a box for the student to check acknowledging receipt of the provided information.

69418.

(a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if the recipient is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission.

(b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if the recipient becomes a full-time student.

(c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age.

(d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not:

(1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided in Section 69412.

(2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award.

69419.

(a) As used in this section, “fund” means the College Access Tax Credit Fund created by Section 17053.87 of the Revenue and Taxation Code.

(b) Any moneys allocated to the commission from the fund for purposes of this section shall be in addition to, and are intended to supplement, other moneys appropriated for the Cal Grant Program or the Cal Grant Reform Act. Upon the creation of the fund, and during its existence, the amount of the Cal Grant access award as established in the annual Budget Act shall not be adjusted below the amount set forth in the Budget Act of 2012.

(c) (1) The moneys allocated to the commission pursuant to Section 17053.87 of the Revenue and Taxation Code shall be available for the purpose of making awards to students in accordance with this section.

(2) To the extent feasible, the commission shall make annual disbursements from the moneys allocated to the commission to supplement awards made for access costs under Article 2 (commencing with Section 69424), Article 3 (commencing with Section 69425), Article 3 (commencing with Section 69435), as it read on December 31, 2022, Article 4 (commencing with Section 69436), as it read on December 31, 2022, and Article 5 (commencing with Section 69437), as it read on December 31, 2022. The amount of the supplemental award, when added to the amount of the award made for access costs established by the annual Budget Act, shall not exceed five thousand dollars ($5,000). An award under this section is payable only to the extent that moneys are available from the fund. The commission shall inform each recipient of an award under this section that the award is for one academic year only, is not an entitlement, and that future supplemental awards are subject to the availability of moneys in the fund.

(d) If, after making supplemental awards pursuant to subdivision (c), moneys remain in the fund, those moneys shall remain in the fund for allocation in future fiscal years.

Article 2. Cal Grant 2 Program

69424.

(a) The Cal Grant 2 Program is established for students enrolled in a degree, certificate, or transfer program at a campus of the California Community Colleges.

(b) To be eligible for an award under the Cal Grant 2 Program, a community college student shall comply with all of the following conditions:

(1) Qualify as a California resident or qualify for a waiver of nonresident tuition under Section 68130.5.

(2) Submit a Free Application for Federal Student Aid or a California Dream Act application on or before September 2 of the year immediately preceding the award year.

(3) Enroll at a campus, or a combination of campuses, of the California Community Colleges as at least a half-time student, and maintain satisfactory academic progress within the meaning of the federal Higher Education Act of 1965 (Public Law 89-329, as amended).

(4) Have a household income below the percentage of the federal poverty level, as adjusted annually by the federal government, applicable to the student, as specified in the following table, based on the status and size of the student’s household:

Student Household Status and Size	Percentage of federal poverty level for Cal Grant 2 Program Qualification
A dependent student with married parents and an independent, married student without a dependent	275 percent
A dependent student with a single parent and an independent, single student without a dependent	325 percent
An independent, married student with a dependent	350 percent
An independent, single student with a dependent	400 percent

(c) (1) A Cal Grant 2 award shall include an access award, covering nontuition expenses, of no less than the maximum per-student amount provided in the 2020–21 award year in the first award year. Except as provided in paragraph (2), that amount shall be adjusted in subsequent award years in proportion to the growth, if any, of the California Consumer Price Index as calculated by the Department of Industrial Relations.

(2) The Director of Finance may suspend the adjustment of the Cal Grant 2 access award for the succeeding award year if, in the determination of the director, the May Revision projects a state budget deficit for that succeeding award year.

Article 3. Cal Grant 4 Program

69425.

(a) The Cal Grant 4 Program is established for students enrolled in any institution, other than a community college, meeting the definition of “qualifying institution” in subdivision (k) of Section 69406.

(b) To be eligible for an award under the Cal Grant 4 Program, a student shall comply with all of the following:

(1) Qualify as a California resident or qualify for a waiver of nonresident tuition under Section 68130.5.

(2) Submit a Free Application for Federal Student Aid or a California Dream Act application on or before March 2 of the year immediately preceding the award year.

(3) Verify, from a high school or community college transcript, that the student has a grade point average of 2.0 or greater on a 4.0 point scale.

(4) Enroll at a qualifying institution, as defined in subdivision (k) of Section 69406, as at least a half-time student, and maintain satisfactory academic progress within the meaning of the federal Higher Education Act of 1965 (Public Law 89-329, as amended).

(5) Have a household income below the percentage of the federal poverty level, as adjusted annually by the federal government, applicable to the student, as specified in the following table, based on the status and size of the student’s household:

Student Household Status and Size	Percentage of federal poverty level for Cal Grant 4 Program Qualification
A dependent student with married parents and an independent, married student without a dependent	275 percent
A dependent student with a single parent and an independent, single student without a dependent	325 percent
An independent, married student with a dependent	350 percent
An independent, single student with a dependent	400 percent

(c) The amount of the annual Cal Grant 4 award shall be based on the institution at which the recipient student is enrolled, in accordance with the following:

(1) For a student enrolled in a baccalaureate degree program at a California Community College, the amount determined under subdivision (b) of Section 69435.3, as it read on December 31, 2022.

(2) For a student enrolled at a campus of the University of California, the cost of tuition and mandatory systemwide fees.

(3) For a student enrolled at a campus of the California State University, the cost of tuition and mandatory systemwide fees.

(4) For a student enrolled at an independent institution of higher education, the amount determined pursuant to Section 69432.

(5) For a student enrolled at a for-profit institution accredited by the Western Association of Schools and Colleges (WASC), eight thousand fifty-six dollars ($8,056).

(6) For a student enrolled at a for-profit institution that is not accredited by WASC, four thousand dollars ($4,000).

Article 4. Operative Date

69428.

This chapter shall become operative for students to apply for Cal Grant 2 awards under Article 2 (commencing with Section 69424) and Cal Grant 4 awards under Article 3 (commencing with Section 69425) beginning October 1, 2023, and to receive aid for the 2024–25 academic year.

SEC. 17.

The heading of Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of the Education Code is amended to read:

CHAPTER 1.7. California Dreamer Service Incentive Grant Program and Awards for Students with Dependent Children

SEC. 18.

Section 69438.3 of the Education Code is amended to read:

69438.3.

(a) In order to receive a grant under the program, a student shall be a recipient of an award pursuant to this chapter or a Cal Grant 2 or 4 award, and shall perform at least 100 hours per quarter or 150 hours per semester of community or volunteer service, as appropriate. The community or volunteer service shall be performed through organizations meeting the requirements of Section 69438.7. The organizations shall report the hours of service performed by participating students to the commission in a timely manner.

(b) A participating student is eligible to receive a grant under the program for a maximum of eight semesters or 12 quarters. Once a student has met the minimum service requirement, the student is eligible for an award of up to one thousand five hundred dollars ($1,500) per semester or one thousand dollars ($1,000) per quarter. The amount of a grant made to an individual participating student shall be calculated as follows:

(1) Fifty percent of the unmet need of up to one thousand five hundred dollars ($1,500) of a student enrolled in a semester-based system, or 33.33 percent of the unmet need of up to one thousand dollars ($1,000) of a student enrolled in a quarter-based system, as appropriate, shall be multiplied as follows:

(A) For half-time students, multiplied by five tenths (0.5).

(B) For three-fourths full-time students, multiplied by seventy-five hundredths (0.75).

(2) If a student is eligible to receive a grant under the program, the minimum amount awarded in a semester or quarter shall be determined as follows:

(A) For half-time students, one hundred fifty dollars ($150).

(B) For three-fourths full-time students, two hundred twenty-five dollars ($225).

(c) A grant awarded under the program shall not offset or replace any other source of grant aid, including, but not necessarily limited to, institutional aid and scholarships.

(d) No more than 2,500 students who are eligible through meeting all of the requirements of Section 69438.5 shall simultaneously participate in the program. When award slots are available, grants under the program shall be awarded to eligible students on a first-come-first-served basis, with priority established in order of the date and time of the student’s submission of a completed California Dream Act application pursuant to subdivision (a) of Section 69438.5.

(e) Of the funds appropriated in the Budget Act of 2019 for the purposes of the program, up to one million five hundred thousand dollars ($1,500,000) shall be available on a one-time basis to the commission to support the costs to administer the program for the 2019–20 fiscal year.

SEC. 19.

Section 69438.5 of the Education Code is amended to read:

69438.5.

A student is eligible to participate in the program if the student meets all of the following requirements:

(a) The student has completed, and submitted to the commission, a California Dream Act application.

(b) The student meets all of the requirements for an exemption from paying nonresident tuition pursuant to Section 68130.5 or pursuant to a similar provision adopted by the Regents of the University of California.

(d) The student is determined by the commission to have unmet need.

(e) The student is enrolled at a campus of the University of California, the California State University, or the California Community Colleges, or at an independent institution of higher education, as defined in Section 66010, that is a qualifying institution as defined in Section 69406.

(f) The student agrees to perform the number of hours of community or volunteer service required, pursuant to Section 69438.3, for participation in the program.

SEC. 20.

Section 69465 of the Education Code is amended to read:

69465.

(a) For purposes of this article, “dependent child” or “dependent children” means a child or children, as applicable, under 18 years of age whose parent or legal guardian is the student, if the child or all the children collectively receive more than 50 percent of their support from the student.

(b) Commencing with the 2019–20 academic year and each academic year thereafter, the commission shall identify all individuals with a dependent child or dependent children who meet both of the following qualifying criteria for the award year:

(1) The student will receive an award pursuant to this chapter or either a new or renewal Cal Grant 2 or 4 award.

(2) The student will attend a University of California, California State University, or California Community College campus.

(c) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (b) and who are receiving an award pursuant to this chapter or a Cal Grant 2 award or Cal Grant 4 award shall receive a total annual access award not to exceed six thousand dollars ($6,000) for nontuition expenses. In the case of a student receiving a Cal Grant 2 award, the student’s total combined award pursuant to this section and Section 69424 shall not exceed six thousand dollars ($6,000). This amount may be adjusted in the annual Budget Act.

(d) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (b) and who are receiving a Cal Grant C award for occupational and technical training programs, and who would have been eligible for aid under the Cal Grant C Program established under Article 6 (commencing with Section 69439), as it read on December 31, 2022, shall receive a total annual book and supply award not to exceed four thousand dollars ($4,000). This amount may be adjusted in the annual Budget Act. Consistent with subdivision (e) of Section 69439, awards issued pursuant to this subdivision may be used for living expenses, institutional fees, charges, and other costs, including tuition and training-related costs, such as special clothing, local transportation, and required tools, equipment, supplies, technology, and books.

(e) Notwithstanding any other law, expenses paid with access awards granted pursuant to subdivision (c), and book and supply awards granted pursuant to subdivision (d), shall be considered allowable educational expenses and shall not be considered for purposes of determining eligibility for state public assistance programs.

(f) (1) Notwithstanding any other law, an award provided pursuant to this article shall be excluded from the calculation of the maximum annual award value for purposes of subparagraph (A) of paragraph (3) of subdivision (b) of Section 69432.9, as it read on December 31, 2022.

(2) Beginning with the 2024–25 award year, an award provided pursuant to this article shall not be used in the determination of eligibility for a Cal Grant 2 or 4 award.

(g) The usage of awards provided pursuant to this article shall be consistent with existing statutes and regulations governing eligible expenditures.

(h) Notwithstanding subdivisions (c) and (d), both of the following shall apply for purposes of this article:

(1) The amount appropriated in the annual Budget Act, and any other appropriation for purposes of this article, shall not exceed two hundred fifty million dollars ($250,000,000).

(2) The commission shall annually determine if the amount appropriated for each fiscal year is sufficient to cover the cumulative cost of the funding projected to be awarded for the fiscal year pursuant to this article. If the commission determines that the amount appropriated is not sufficient to meet the funding projection for a fiscal year, the commission shall reduce awards proportionately by an equal percentage for all new recipients under this article for that fiscal year.

SEC. 21.

Section 69470 of the Education Code is amended to read:

69470.

(a) Commencing with the 2021–22 academic year, the commission shall identify all foster youth and former foster youth, as defined in subdivision (b) of Section 66025.9, who meet both of the following qualifying criteria for the award year:

(1) The student will receive either a new or renewal Cal Grant A, B, or C award, or a new or renewal Cal Grant 2 or 4 award.

(2) The student will attend a University of California, California State University, or California Community College campus.

(b) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (a) and who are receiving a Cal Grant A award, Cal Grant B award, Cal Grant 2 award, or Cal Grant 4 award shall receive a total annual access award not to exceed six thousand dollars ($6,000). This amount may be adjusted in the annual Budget Act.

(c) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (a) and who are receiving a Cal Grant C award shall receive a total annual book and supply award not to exceed four thousand dollars ($4,000). This amount may be adjusted in the annual Budget Act. Consistent with subdivision (e) of Section 69439, awards issued pursuant to this subdivision may be used for living expenses, institutional fees, charges, and other costs, including tuition and training-related costs, such as special clothing, local transportation, and required tools, equipment, supplies, technology, and books.

(d) Notwithstanding any other law, expenses paid with access awards granted pursuant to subdivision (b) and book and supply awards granted pursuant to subdivision (c) shall be considered allowable educational expenses and shall not be considered for purposes of determining eligibility for state public assistance programs.

(e) Notwithstanding any other law, an award provided pursuant to this article shall be excluded from the calculation of the maximum annual award value for purposes of subparagraph (A) of paragraph (3) of subdivision (b) of Section 69432.9, as it read on December 31, 2022.

(f) The usage of awards provided pursuant to this article shall be consistent with existing statutes and regulations governing eligible expenditures.

(g) Notwithstanding subdivisions (b) and (c), both of the following shall apply for purposes of this article:

(1) The amount appropriated in the annual Budget Act, and any other appropriation for purposes of this article, shall not exceed forty million dollars ($40,000,000).

SEC. 22.

Article 11 (commencing with Section 69475) is added to Chapter 1.7 of Part 42 of Division 5 of Title 3 of the Education Code, to read:

Article 11. Suspension of Chapter Operation

69475.

This chapter, except for the heading of the chapter as amended by Section 17 of the act that added this article, Article 5.5 (commencing with Section 69438) as amended by Sections 18 and 19 of that act, Article 9 (commencing with Section 69465) as amended by Section 20 of that act, and Article 10 (commencing with Section 69470) as amended by Section 21 of that act, shall become inoperative on July 1, 2024, or on the date determined in the annual Budget Act, whichever date is later, and as of January 1 of the year following that inoperative date, is repealed.

SEC. 23.

Section 69506 of the Education Code is amended to read:

69506.

(a) (1) The methodology set forth in federal law or regulation shall serve as the formula for determining the expected family contribution of students seeking any state-funded financial assistance.

(2) Commencing with the 2024–25 award year, the methodology set forth in federal law or regulation shall serve as the formula for determining the eligibility index for student aid of students seeking any state-funded financial assistance.

(b) For the purposes of determining the dependent and independent status of students, the definition set forth in the federal law or regulation shall serve as the definition for students seeking any state-funded financial assistance.

SEC. 24.

Section 69511 of the Education Code is amended to read:

69511.

(a) (1) Except as provided in subdivision (b), each member of the commission, other than a student member and a member appointed pursuant to subdivision (h) of Section 69510, shall have a four-year term. Members appointed pursuant to subdivision (h) of Section 69510 shall serve at the pleasure of the Speaker of the Assembly.

(2) (A) A student member appointed pursuant to subdivision (d) of Section 69510 shall have a term of two academic years.

(B) Upon expiration of the student member’s two-year term, if the Governor has not appointed a successor, the student member may remain in office for one additional year or until the Governor appoints a successor, whichever occurs first. The requirements of subdivision (d) of Section 69510 do not apply to a student in the additional year under this paragraph.

(C) The commission shall notify the appropriate student organization for each segment, as described in Section 69511.5, of a pending student member vacancy no less than three months before the expiration of the term, and of the appropriate student organization’s opportunity to submit a list of nominees pursuant to Section 69511.5.

(b) The term of one member appointed pursuant to subdivision (g) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years.

(c) At no time shall both student representatives be enrolled in the same segment of postsecondary education in California. For purposes of this subdivision, each postsecondary education program listed in subdivisions (a), (b), and (c) of Section 69510 is a segment of postsecondary education in California.

(d) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate.

(e) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. Except for appointees appointed by the Speaker of the Assembly, the appointee shall hold office only for the balance of the unexpired term.

(f) (1) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which the member attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee the member is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive their actual and necessary traveling expenses incurred in the course of their duties.

(2) In addition, if a student member who attends a qualifying institution, as defined in Section 69406, is not the recipient of a Cal Grant award, the qualifying institution, as a condition of participation in the Cal Grant program, shall waive the student member’s tuition, up to the maximum award amount for that institution, for the duration of the student member’s term of office.

(g) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.5 (commencing with Section 69405) or Chapter 1.7 (commencing with Section 69430), as it read on December 31, 2022.

(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state.

(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder.

(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act.

SEC. 25.

Section 69513.2 of the Education Code is amended to read:

69513.2.

Notwithstanding any other law:

(a) The commission may grant up to an additional 30 calendar days beyond an application deadline for any financial aid program administered by the commission pursuant to this part, at the discretion of the commission, if both of the following conditions are met:

(1) The commission receives a formal request to postpone the application deadline from either the superintendent of a school district or community college district or from the president or chancellor of a California institution of higher education that is eligible to receive state funds for student financial assistance.

(2) The commission finds that a qualifying event, as defined in subdivision (d), has occurred that, in the judgment of the commission, has had an adverse effect on the ability of pupils or students within the school district, community college district, or an area or region within the state, such as a city or county, to successfully complete and submit their financial aid applications by the established application deadline.

(b) A postponement of an application deadline granted by the commission under subdivision (a) shall apply to all financial aid applicants within the school district, community college district, or the area or region, such as a city or county, that was predominantly affected by the qualifying event referenced in paragraph (2) of subdivision (a).

(c) For purposes of this section, the commission may, on a permanent basis, delegate to its elected officers, which include the chairperson, vice chairperson, secretary, and any other commissioner currently serving as an elected officer, the authority to grant, by a unanimous decision of all such officers, the deadline postponement authorized by this section.

(d) For purposes of this section, a “qualifying event” is any event or extenuating circumstance outside of the control of the pupils or students in an affected school district, community college district, or area or region that, in the judgment of the commission, has had an adverse effect on the ability of students within the district to successfully complete and submit their financial aid applications by an established statutory deadline. The qualifying event shall have occurred or been ongoing during the period for which financial aid applications were available to submit for the following academic year, and includes, but is not necessarily limited to, any of the following types of events:

(1) A natural disaster.

(2) A state of emergency declared by the Governor or the President of the United States.

(3) A labor action.

(e) The commission may establish procedures, which may include a standardized application form, through which a postponement of an application deadline may be requested by the individuals referenced in paragraph (1) of subdivision (a). The formal application to the commission shall be submitted no later than 10 business days after the occurrence of the qualifying event in question, or, if the qualifying event is ongoing, no later than 10 business days after the conclusion of the qualifying event, and shall include, at a minimum, all of the following:

(1) A description of the qualifying event that is the basis for the request, including how the event in question has had an adverse effect on students’ ability to submit their financial aid applications by the established deadline.

(2) A list of any financial aid outreach events, including, but not necessarily limited to, workshops or webinars sponsored by the commission, that have been canceled or delayed due to the qualifying event.

(3) When available, data showing that there has been, or is likely to be, a reduction in the number of students who have completed a financial aid application from the previous year.

(f) If the commission approves the request for a postponement of an application deadline, the commission shall issue a written notice of the postponement of the deadline within 24 hours of granting the request. The notice shall include the approved postponed deadline, and shall be sent to all of the following or their respective designees:

(1) The individual who requested the extension pursuant to paragraph (1) of subdivision (a).

(2) The Superintendent of Public Instruction.

(3) The Governor.

(4) The Director of Finance.

(5) The President of the University of California.

(6) The Chancellor of the California State University.

(7) The Chancellor of the California Community Colleges.

(8) The chairpersons of the relevant fiscal and policy committees of the Legislature.

(g) When approving a request for a postponement of an application deadline pursuant to this section, the commission shall post all of the following on its internet website:

(1) The approved postponed deadline.

(2) The public school district, community college district, or area or region, such as a city or county, to which the approved postponed deadline applies.

(h) The authority to grant postponements of application deadlines established pursuant to this section shall apply to all of the following programs established in statute, as well as any other state-funded financial aid programs administered by the commission pursuant to this part:

(1) The Cal Grant A Entitlement program established by Article 2 (commencing with Section 69434) of Chapter 1.7, as it read on December 31, 2022.

(2) The Cal Grant B Entitlement program established by Article 3 (commencing with Section 69435) of Chapter 1.7, as it read on December 31, 2022.

(3) The California Community College Transfer Cal Grant Entitlement Program established by Article 4 (commencing with Section 69436) of Chapter 1.7, as it read on December 31, 2022.

(4) The Competitive Cal Grant A and B Awards program established by Article 5 (commencing with Section 69437) of Chapter 1.7, as it read on December 31, 2022.

(5) The Cal Grant 2 and 4 programs established by Chapter 1.5 (commencing with Section 69405).

(6) The Middle Class Scholarship Program established by Article 22 (commencing with Section 70020).

SEC. 26.

Section 69514 of the Education Code is amended to read:

69514.

The commission shall do all of the following:

(a) Report, on or before April 1 of each year, statistical data examining the impact and effectiveness of state-funded programs. The commission shall utilize common criteria in determining the impact of these programs, and shall have the authority to obtain any data from postsecondary educational institutions necessary for the reports. To the extent practicable, this report shall specifically note the number and the demographic characteristics of the students who qualify for a Cal Grant award based on obtaining high school graduation or its equivalent pursuant to paragraph (2) of subdivision (e) of Section 69433.9, as it read on December 31, 2022.

(b) Collect and disseminate data concerning the financial resources and needs of students and potential students, and the scope and impact of existing state, federal, and institutional student aid programs.

(c) Report, on or before April 1 of each year, the aggregate financial need of individuals seeking access to postsecondary education and the degree to which current student aid programs meet this legitimate financial need.

(d) Develop and report annually the distribution of funds and awards among income groups, ethnic groups, grade point average levels, and postsecondary education segments.

(e) Prepare and disseminate information regarding the criteria utilized in distributing available student aid funds.

(f) Be authorized to expend funds for the purpose of disseminating information about all institutional, state, and federal student aid programs to potential applicants. This distribution of information shall primarily focus on potential applicants with the greatest financial need.

(g) In the event that the Financial Aid Shopping Sheet developed by the United States Department of Education is no longer available, develop, in consultation with the Bureau for Private Postsecondary Education, a similar form that a postsecondary educational institution subject to the requirements of either Section 66021.3 or 94912.5 shall use. The form shall provide students and their families with information including, but not necessarily limited to, grant and scholarship opportunities and net costs associated with attendance at an institution.

SEC. 27.

Section 69519 of the Education Code is amended to read:

69519.

(a) The commission, through an interagency agreement with the State Department of Social Services, currently operates a federally funded scholarship program, known as the Chafee Educational and Training Vouchers Program, that provides grant aid to provide access to California’s current and former foster youth to postsecondary education. Funds provided through an appropriation by the Legislature shall be supplemental to funds provided by the federal government, and are designated to ensure program availability in the absence of and before the annual receipt of federal funds for this purpose. The department shall opt in, as necessary, to expand program age eligibility of former foster youth up to 26 years of age pursuant to federal program guidelines. The department shall pursue and seek possible Chafee Educational and Training Vouchers Program federal matching dollars.

(b) Funds provided for this program shall be used to assist students who are current and former foster youth, for career and technical training or traditional college courses. The commission shall operate this program in accordance with the program instructions provided by the federal Department of Health and Human Services, Administration for Children and Families, and the program guidelines developed by the State Department of Social Services.

(c) The total amount of funding and the amount of individual awards shall depend upon the amount of federal funding provided in addition to state funding. The commission, in conjunction with the State Department of Social Services, shall determine the individual award amounts and total number of students awarded on an annual basis as the amount of total annual funding is determined.

(d) Commencing with the 2021–22 award year, the commission may make initial award offers totaling up to 200 percent of the total state and federal program funding available for all awards. Each year, the commission, in conjunction with the State Department of Social Services, shall determine the number of initial awards offered, based on the historical acceptance rate of initial awards and the size of awards, so not to exceed the total amount of available funding for the full award cycle. The commission shall make an award offer contingent upon available funding, and may adjust or withdraw an award offer before payment to ensure that total award payments do not exceed the total amount of available funding for the award cycle. The commission shall inform each recipient of an award offer that the offer may be withdrawn or adjusted before payment and that an award is payable to an eligible student only to the extent that funding is available.

(e) Commencing with the 2017–18 award year, the commission shall make a new Chafee grant award to a student only if the student attends either of the following:

(1) A qualifying institution that is eligible for participation in the Cal Grant Program pursuant to Section 69406.

(2) An institution that is not located in California that satisfies the provisions of subparagraphs (C) and (F) of paragraph (3) of subdivision (k) of Section 69406.

(f) (1) Commencing with the 2018–19 award year, the commission shall make a Chafee grant award to a student only if the student meets both of the following conditions:

(A) The student will not be 26 years of age or older by July 1 of the award year.

(B) The student attends either of the following institutions:

(i) A qualifying institution that is eligible for participation in the Cal Grant Program pursuant to Section 69406.

(ii) An institution that is not located in California that satisfies the provisions of subparagraphs (C) and (F) of paragraph (3) of subdivision (k) of Section 69406.

(2) Implementation of this subdivision is contingent upon an appropriation of sufficient funds in the annual Budget Act for this purpose.

(g) The California Community Colleges and the California State University shall, and the University of California is requested to, provide all Chafee grant recipients, upon release of the first payment, with information regarding available support services on campus and the process for completing an educational plan. In this notification, Chafee grant recipients shall be strongly encouraged to avail themselves of these services if they have not already done so.

(h) (1) (A) If a student fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, for two consecutive semesters or three consecutive quarters, or an equivalent enrollment period, the student shall meet with an appropriate college staff member to develop a plan for improving academic progress or update an existing plan, in order to ensure that the student is making satisfactory progress toward completion and to receive their remaining Chafee grant funds.

(B) If a student with a plan pursuant to subparagraph (A) fails to meet satisfactory academic progress standards for a third consecutive semester or fourth consecutive quarter, or an equivalent enrollment period, the student shall meet with an appropriate college staff member to update the plan, in order to ensure that the student is making satisfactory progress toward completion and to receive their remaining Chafee grant funds.

(C) Once a plan has been developed or updated pursuant to subparagraph (A) or (B), as applicable, and submitted to the financial aid office, remaining Chafee grant funds shall be released to the student for the next applicable semester, quarter, or other period, in accordance with the existing schedule for release.

(2) A student who fails to update their plan, or who fails to meet satisfactory academic progress standards for a fourth consecutive semester or fifth consecutive quarter, or an equivalent enrollment period, shall lose Chafee grant eligibility subject to subdivision (i).

(3) For purposes of this subdivision, a college staff member who can assist a student on their plan includes an academic counselor, a Homeless and Foster Student Liaison, as described in Section 67003.5, an Extended Opportunity Programs and Services counselor, a Cooperating Agencies Foster Youth Educational Support Program counselor, a Disabled Student Programs and Services counselor, another campus-based foster youth support program staff member, or another appropriate adviser.

(4) This subdivision and subdivision (i) apply to any student who is otherwise eligible to receive a Chafee grant award pursuant to subdivision (f).

(5) The California Community Colleges, the California State University, and the University of California may use existing resources to implement this subdivision and subdivisions (g) and (i), to the extent those resources may be lawfully expended for those purposes.

(6) For purposes of this section, the definition of “satisfactory academic progress” used by the institution where the student is enrolled shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.

(i) A student who fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, for four consecutive semesters or five consecutive quarters, or an equivalent enrollment period, shall lose eligibility for a Chafee grant, subject to the following:

(1) A student who loses eligibility may appeal the loss of the Chafee grant during any subsequent semester or quarter, or term, following the loss of eligibility.

(2) An institution shall provide a student written notice of the process for appealing the loss of a Chafee grant, regardless of whether the institution offers an appeal process for loss of other forms of financial aid.

(3) In reviewing the appeal of a student, an institution shall automatically reinstate a student’s Chafee grant eligibility if one of the following applies:

(A) The student achieves either a 2.0 GPA during the previous semester or quarter, or other applicable term, or a cumulative GPA of 2.0, even if the student did not meet the institution’s satisfactory academic progress policy requirements.

(B) The student demonstrates the existence of an extenuating circumstance that impeded successful course completion in the past but that has since been addressed such that the student is likely to demonstrate satisfactory academic progress in the future.

(C) The student provides evidence of engagement with a supportive program, either on or off campus, that is assisting the student to make continued academic progress.

(4) A student who loses Chafee eligibility by not demonstrating satisfactory academic progress and subsequently is not enrolled for one or more semesters or quarters, or another applicable term or terms, shall be eligible for a Chafee grant upon reenrollment at a qualifying institution.

(j) A student’s receipt of a Chafee grant award shall not exceed five years, which need not be consecutive.

(k) An institution shall not impose any additional eligibility criteria for a Chafee grant other than those described in this section and in Section 677(i) of Title 42 of the United States Code.

(l) Commencing with the 2018–19 award year, up to eighty thousand dollars ($80,000) of any appropriation made by the Legislature in the annual Budget Act or another statute to expand the Chafee Educational and Training Vouchers Program age eligibility of former foster youth up to 26 years of age may be used by the commission or the State Department of Social Services for outreach to newly eligible former foster youth who are at least 23 years of age, but are not yet 26 years of age, for the 2018–19 to 2020–21 fiscal years, inclusive. Outreach may include travel, material development, printing or publication, and other costs, as necessary.

(m) The commission shall annually report to the Legislature all of the following information for the preceding award year:

(1) The number of students who apply to receive a Chafee grant award.

(2) The number of Chafee grants awarded.

(3) The number of Chafee applicants denied due to either of the following reasons:

(A) The Chafee applicant no longer meets the age requirements of the program.

(B) There is insufficient proof of the Chafee applicant’s status as a current or former foster youth.

(4) The number of Chafee awardees unpaid due to any of the following reasons:

(A) Failure to meet minimum enrollment requirements.

(B) Failure to demonstrate satisfactory academic progress according to campus policy.

(5) The number and age of students paid through the Chafee Educational and Training Vouchers Program.

(6) The average Chafee grant award amount.

(7) Qualifying institutions where Chafee grant awards are used.

(8) Degree levels for which Chafee grant awards are used.

(9) The amount spent on outreach and education efforts and the types of activities that the authorization in subdivision (l) funded. This information shall include the distribution of outreach funding between the commission and the State Department of Social Services, and any other entity that was involved.

SEC. 28.

Section 69550 of the Education Code is amended to read:

69550.

(a) It is the intent of the Legislature that California students with financial need be made aware of the opportunities afforded to them through the various state and federal financial aid programs, including the Cal Grant Reform Act established pursuant to Chapter 1.5 (commencing with Section 69405) or the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430), as it read on December 31, 2022.

(b) Since the creation of the Cal Grant A and Cal Grant B entitlement programs under Article 2 (commencing with Section 69434), as it read on December 31, 2022, of, and Article 3 (commencing with Section 69435), as it read on December 31, 2022, of, Chapter 1.7, efforts to provide information to students have been developed and implemented by various organizations and institutions. However, there is a need to consolidate, incorporate, expand, and improve these programs as a statewide effort in order to ensure access to workshops, information, and assistance.

SEC. 29.

Section 69999.16 of the Education Code is amended to read:

69999.16.

(a) Commencing January 1 of the 2009–10 academic year, and each academic year thereafter, any qualifying member of the California National Guard, the State Guard, or the Naval Militia may apply for an award under the California Military Department GI Bill.

(b) (1) A qualifying member shall meet all of the following conditions to be eligible to receive a California Military Department GI Bill award:

(A) The person is a resident within the meaning of Section 68017.

(B) The person is an active member of the California National Guard, the State Guard, or the Naval Militia.

(C) The person has been accepted or registered at, or enrolled in, a qualifying institution, as defined in subdivision (k) of Section 69406.

(D) The person agrees to use the award to obtain a certificate, degree, or diploma that the person does not hold at the time the person applies for the award, and enrolls in at least three academic units per semester, or the equivalent thereof. The award may be used to obtain one baccalaureate, graduate, or doctoral degree. The award may be used for a certificate, degree, or diploma that leads to a baccalaureate, graduate, or doctoral degree.

(E) The person agrees to serve two years in the California National Guard, the Naval Militia, or the California State Guard upon completion of the last academic period that the person uses educational assistance under this program.

(F) The person agrees to complete their course of study within 10 years of the person’s initial acceptance into the program. If a person is unable to complete their course of study in the 10-year period due to federal military activation or other unexpected circumstance, the Adjutant General of the California Military Department may extend that person’s participation in the program for a period of up to ~~five~~ 5 additional years.

(G) The person has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education.

(2) To be eligible for an award for a summer session term, a qualifying member who meets the conditions in paragraph (1) shall submit a letter from the member’s unit commander that states that the member’s enrollment in that summer session will not adversely impact the member’s attendance at mandatory military training.

(c) Each person applying for a California Military Department GI Bill award shall submit an application for an award to the Adjutant General.

(d) The Adjutant General shall do all of the following:

(1) Annually identify the skills most needed by the California National Guard to retain members who possess, or seek to possess, those identified skills.

(2) Prioritize those applicants who qualify for an award pursuant to subdivision (b) based on the skills most needed by the California National Guard, as identified pursuant to paragraph (1).

(3) Select award recipients from among eligible applicants pursuant to subdivision (e).

(4) Certify the eligibility of applicants to the Student Aid Commission.

(5) Notify recipients of their selection for an award.

(e) The Adjutant General shall select recipients who have been judged by the Adjutant General to have outstanding ability on the basis of criteria that may include, but shall not be limited to, any of the following:

(1) The Military Occupational Specialty Code or the Air Force Specialty Code.

(2) An annual noncommissioned officer evaluation report or officer evaluation report of the preceding two years.

(3) A memorandum from the applicant’s commander recommending the applicant for the award.

(4) Commendations the applicant has received.

(5) An essay, written by the applicant, explaining why education is important to the applicant.

(f) The number of awards issued by the Student Aid Commission in any fiscal year shall be limited to the number authorized in the annual Budget Act for that year, but in no event shall exceed 1,000 in any fiscal year.

(g) The Student Aid Commission shall issue the awards in accordance with Section 69999.18.

SEC. 30.

Section 69999.18 of the Education Code is amended to read:

69999.18.

(a) The Student Aid Commission is responsible for issuing awards authorized by Section 69999.16, upon receipt of a certificate from the Adjutant General verifying that the applicant meets the eligibility requirements of this article. The commission shall provide any information to the Military Department that is necessary to meet the reporting requirements of Section 69999.24.

(b) The amount of an award issued pursuant to this article shall be as follows:

(1) (A) For a recipient attending the University of California or the California State University, the maximum amount of the Cal Grant A award, pursuant to Section 66021.2, as it read on December 31, 2022, and as adjusted in the annual Budget Act.

(B) Commencing with the 2024–25 award year, for a recipient attending the University of California or the California State University, the maximum amount of the Cal Grant 4 award, as adjusted in the annual Budget Act.

(2) (A) For a recipient attending a community college, the maximum amount of the Cal Grant B award, pursuant to Section 66021.2, as it read on December 31, 2022, and as adjusted in the annual Budget Act.

(B) Commencing with the 2024–25 award year, for a recipient attending a community college, the maximum amount of the Cal Grant 2 award, as adjusted in the annual Budget Act.

(3) (A) For a recipient attending a nonpublic institution, the maximum amount of a Cal Grant A award for a student attending the University of California pursuant to Section 66021.2, as it read on December 31, 2022, and as adjusted in the annual Budget Act.

(B) Commencing with the 2024–25 award year, for a recipient attending a nonpublic institution, the maximum amount of a Cal Grant 4 award, as specified in subparagraph (B) of paragraph (1).

(c) (1) An award used for graduate studies shall not exceed the maximum amount of a Cal Grant A award, as specified in paragraph (1) of subdivision (b).

(2) Commencing with the 2024–25 award year, an award used for graduate studies shall not exceed the maximum amount of a Cal Grant 4 award, as specified in subparagraph (B) of paragraph (1) of subdivision (b).

(d) The award amount under subdivisions (b) and (c) shall not exceed the difference between the recipient’s cost of attendance and any other student financial aid and educational benefits pursuant to the federal Montgomery GI Bill (38 U.S.C. Sec. 3001 et seq.) or any other federal educational benefits program for veterans.

(e) California Military Department GI Bill awards may be renewed for each new academic year, for a maximum of the greater of either (1) four years of full-time equivalent enrollment or (2) the duration for which the qualifying member would otherwise be eligible pursuant to Chapter 1.5 (commencing with Section 69405) or Chapter 1.7 (commencing with Section 69430), if the Adjutant General certifies the qualifying member’s eligibility and the qualifying member maintains at least a 2.0 cumulative grade point average.

SEC. 31.

Section 76300 of the Education Code is amended to read:

76300.

(a) The governing board of each community college district shall charge each student a fee pursuant to this section.

(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.

(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.

(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.

(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.

(e) The fee requirement does not apply to any of the following:

(1) Students enrolled in the noncredit courses designated by Section 84757.

(2) California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.

(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.

(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.

(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:

(A) Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).

(B) Meets one of the following criteria:

(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.

(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.

(iii) (I) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.

(II) Commencing with the 2024–25 award year, demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the eligibility index for student aid of students seeking financial aid.

(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.

(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):

(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.

(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student.

(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college.

(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.

(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).

(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:

(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.

(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.

(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.

(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:

(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.

(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.

(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).

(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.

(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.

(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7, as it read on December 31, 2022, for the Cal Grant A Program, or meets the eligibility requirements for a Cal Grant 2 or 4 award, and either of the following applies:

(1) The 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.

(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.

(l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s 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 subdivision (j) until that person attains 30 years of age.

(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.

(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.

(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.

(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.

(o) The board of governors shall adopt regulations implementing this section.

SEC. 32.

Section 78221 of the Education Code is amended to read:

78221.

The Chancellor of the California Community Colleges shall allocate funds provided for purposes of successfully implementing the activities and goals specified in the student equity plans adopted pursuant to Section 78220, consistent with all of the following:

(a) The chancellor shall ensure a community college district has submitted a student equity plan that is consistent with Section 78220. For purposes of allocating funding appropriated in the 2014–15 Budget Act, a community college district that has not submitted a student equity plan shall provide the chancellor with an outline for the community college district’s completion of the student equity plan on or before January 1, 2015.

(b) The chancellor shall ensure that community college districts that serve greater populations of students who are high-need students or disadvantaged students receive greater resources to provide services to students, consistent with the goals and activities specified in their student equity plans.

(c) The chancellor shall establish criteria for calculating the number of high-need and disadvantaged students in a community college district. For purposes of this article, “high-need students” mean students who have an eligibility index for student aid, as defined in subdivision (f) of Section 69406, at any time during those students’ matriculation at the institution, that would qualify those students to receive federal Pell Grants and students from ZIP Codes in the bottom two quintiles of college attainment. The calculation of a student’s eligibility index for student aid shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that student. For purposes of this article, the determination of who are “disadvantaged” students shall take into account the college participation rate of the college-aged population of, and the socioeconomic status of, a community college district population.

(d) The chancellor shall establish a standard methodology, including guidelines, for measurement of student equity and disproportionate impact for disaggregated subgroups of the student population of the California Community Colleges. The chancellor shall establish the methodology for use in the student equity plans of community college districts.

(e) (1) The chancellor shall, consistent with the goal of eliminating any achievement disparities that are identified pursuant to the requirements of Section 78220, provide guidance to community college districts regarding expenditures and activities to ensure that funding is used to support evidence-based practices to implement student equity plan goals and coordinate services for the targeted student populations through evidence-based practices.

(2) On or before March 15, 2016, and on or before March 15 annually thereafter, the chancellor shall report to the Department of Finance, the Legislative Analyst, and the appropriate policy and fiscal committees of the Legislature, on the expenditure of funds for purposes of this article during the previous fiscal year.

SEC. 33.

Section 78261.5 of the Education Code is amended to read:

78261.5.

(a) A community college registered nursing program that determines that the number of applicants to that program exceeds its capacity may admit students in accordance with any of the following procedures:

(1) Administration of a multicriteria screening process, as authorized by Section 78261.3, in a manner that is consistent with the standards set forth in subdivision (b).

(2) A random selection process.

(3) A blended combination of random selection and a multicriteria screening process.

(b) A community college registered nursing program that elects, on or after January 1, 2008, to use a multicriteria screening process to evaluate applicants pursuant to this article shall apply those measures in accordance with all of the following:

(1) The criteria applied in a multicriteria screening process under this article shall include, but shall not necessarily be limited to, all of the following:

(A) Academic degrees or diplomas, or relevant certificates, held by an applicant.

(B) Grade-point average in relevant coursework.

(D) Life experiences or special circumstances of an applicant, including, but not necessarily limited to, the following experiences or circumstances:

(i) Disabilities.

(ii) Low family income.

(iii) First generation of family to attend college.

(iv) Need to work.

(v) Disadvantaged social or educational environment.

(vi) Difficult personal and family situations or circumstances.

(vii) Refugee or veteran status.

(E) Proficiency or advanced level coursework in languages other than English. Credit for languages other than English shall be received for languages that are identified by the chancellor as high-frequency languages, as based on census data. These languages may include, but are not necessarily limited to, any of the following:

(i) American Sign Language.

(ii) Arabic.

(iii) Chinese, including its various dialects.

(iv) Farsi.

(v) Russian.

(vi) Spanish.

(vii) Tagalog.

(viii) The various languages of the Indian subcontinent and Southeast Asia.

(2) Additional criteria, such as a personal interview, a personal statement, letter of recommendation, or the number of repetitions of prerequisite classes, or other criteria, as approved by the chancellor, may be used, but are not required.

(3) A community college registered nursing program using a multicriteria screening process under this article may use an approved diagnostic assessment tool, in accordance with Section 78261.3, before, during, or after the multicriteria screening process.

(4) As used in this section:

(A) “Disabilities” has the same meaning as used in Section 2626 of the Unemployment Insurance Code.

(B) “Disadvantaged social or educational environment” includes, but is not necessarily limited to, the status of a student who has participated in Extended Opportunity Programs and Services (EOPS).

(C) “Grade-point average” refers to the same fixed set of required prerequisite courses that all applicants to the nursing program administering the multicriteria screening process are required to complete.

(D) “Low family income” shall be measured by a community college registered nursing program in terms of a student’s eligibility for, or receipt of, financial aid under a program that may include, but is not necessarily limited to, a fee waiver from the board of governors under Section 76300, the Cal Grant Reform Act under Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5, or the Cal Grant Program under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, as it read on December 31, 2022, the federal Pell Grant program, or CalWORKs.

(E) “Need to work” means that the student is working at least part time while completing academic work that is a prerequisite for admission to the nursing program.

(5) A community college registered nursing program that uses a multicriteria screening process pursuant to this article shall report its nursing program admissions policies to the chancellor annually, in writing. The admissions policies reported under this paragraph shall include the weight given to any criteria used by the program, and shall include demographic information relating to both the persons admitted to the program and the persons of that group who successfully completed that program.

(c) The chancellor is encouraged to develop, and make available to community college registered nursing programs by July 1, 2008, a model admissions process based on this section.

(d) (1) The chancellor shall submit a report on or before March 1, 2015, and on or before each March 1 thereafter, to the Legislature and the Governor that examines and includes, but is not necessarily limited to, both of the following:

(A) The participation, retention, and completion rates in community college registered nursing programs of students admitted through a multicriteria screening process, as described in this section, disaggregated by the age, gender, ethnicity, and the language spoken at the home of those students.

(B) Information on the annual impact, if any, the Seymour-Campbell Student Success Act had on the matriculation services for students admitted through the multicriteria screening process, as described in this section.

(2) The chancellor shall submit the annual report required in paragraph (1) in conjunction with its annual report on associate degree nursing programs required by subdivision (h) of Section 78261.

(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.

SEC. 34.

Section 88931 of the Education Code is amended to read:

88931.

(a) Commencing with the 2018–19 academic year, each participating community college shall provide a grant award to a student pursuant to subdivision (b). The purpose of the grant award is to provide the student with additional financial aid to help offset the student’s total cost of community college attendance.

(b) A student attending a community college may receive a grant award pursuant to this section if the student meets all of the following requirements:

(1) The student receives a Cal Grant B or C award pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, as it read on December 31, 2022, or a Cal Grant 2 award.

(2) The student is making satisfactory academic progress at the college under criteria required by the applicable federal standards published in Title 34 of the Code of Federal Regulations. The criteria applied by the community college for determining satisfactory academic progress shall, to the extent consistent with applicable federal standards, provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college. The community college may consider this extenuating circumstance, in its discretion, to the extent consistent with federal standards, to alter or excuse compliance with those progress requirements.

(3) The student is a California resident or is exempt from paying nonresident tuition under Section 68130.5 or 76140.

(c) (1) The students who meet the applicant criteria pursuant to subdivision (b) shall be eligible for the following grant amounts:

(A) Six hundred forty-nine dollars ($649) per semester, or quarterly equivalent, for eligible students who enroll in 12, 13, or 14 units per semester, or the quarterly equivalent number of units.

(B) Two thousand dollars ($2,000) per semester, or quarterly equivalent, for eligible students who enroll in 15 units per semester, or the quarterly equivalent number of units.

(2) (A) If funding is available after making awards to students in the primary terms, a community college may grant additional awards to students who take a sufficient number of units during the summer term to bring their total number of academic units to 24 units or more for the academic year. The chancellor’s office shall work with colleges to determine the summer grant amounts based on available funds.

(B) It is the intent of the Legislature that the available grants would be prorated to allocate a larger amount to students who take a sufficient number of units for a total of 30 units or more for the academic year.

(d) (1) To the extent practicable, a grant award shall be awarded at the same time as a recipient’s overall financial aid package.

(2) The grant award shall be considered a supplemental grant, and shall not supplant any other grant, fee waiver, or scholarship aid received by the student, including, but not necessarily limited to, federal grants, Cal Grant awards, institutional grants, merit-based scholarships, and athletic scholarships.

(3) The grant award shall be based upon the financial need of the applicant, and shall not exceed the calculated financial need for any individual applicant. The minimum level of financial need of applicants shall be determined by the commission pursuant to Section 69415 or pursuant to Section 69432.9, as it read on December 31, 2022, as applicable.

(4) The grant award identified in subdivision (c) shall be proportionally reduced if the amount of funding appropriated in the annual Budget Act for this purpose is insufficient to fully fund the total number of students awarded a grant.

(e) (1) Each participating community college shall administer the grant award pursuant to the requirements of this section.

(2) It is the intent of the Legislature that a student is enrolled in a program of study and has completed an education plan identifying courses, a sequence of courses, key progress of milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements.

(3) Each participating community college shall encourage students to enroll in a sufficient number of units per semester, quarter, or summer term to be considered on track to obtain a certificate, associate degree for transfer, or associate degree or transfer to a four-year university within two academic years or within three academic years if a student is required to take basic skill courses by the community college.

(f) This section shall not be operative in a fiscal year unless funding has been provided for this section for that fiscal year in the annual Budget Act or another statute.

SEC. 35.

Section 89295 of the Education Code is amended to read:

89295.

(a) For purposes of this section, the following terms are defined as follows:

(1) The “four-year graduation rate” means the percentage of a cohort of undergraduate students who entered the university as freshmen at any campus and graduated from any campus within four years.

(2) The “six-year graduation rate” means the percentage of a cohort of undergraduate students who entered the university as freshmen at any campus and graduated from any campus within six years.

(3) The “two-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within two years.

(4) The “three-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within three years.

(5) The “four-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within four years.

(6) “Low-income student” means an undergraduate student who has an eligibility index for student aid, as defined in subdivision (f) of Section 69406, at any time during the student’s matriculation at the institution that would qualify the student to receive a federal Pell Grant. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the Student Aid Commission to be equivalent to the FAFSA application submitted by that applicant.

(b) Commencing with the 2013–14 academic year, the California State University shall report, by March 15 of each year, on the following performance measures for the preceding academic year, to inform budget and policy decisions and promote the effective and efficient use of available resources:

(1) The number of California Community College transfer students enrolled and the percentage of California Community College transfer students as a proportion of the total number of undergraduate students enrolled.

(2) The number of new California Community College transfer students enrolled and the percentage of new California Community College transfer students as a proportion of the total number of new undergraduate students enrolled.

(3) The number of low-income students enrolled and the percentage of low-income students as a proportion of the total number of undergraduate students enrolled.

(4) The number of new low-income students enrolled and the percentage of new low-income students as a proportion of the total number of new undergraduate students enrolled.

(5) The four-year graduation rate for students who entered the university four years prior and, separately, for low-income students in that cohort.

(6) The four-year and six-year graduation rates for students who entered the university six years prior and, separately, for low-income students in that cohort.

(7) The two-year transfer graduation rate for students who entered the university two years prior and, separately, for low-income students in that cohort.

(8) The two-year and three-year transfer graduation rates for students who entered the university three years prior and, separately, for low-income students in that cohort.

(9) The two-year, three-year, and four-year transfer graduation rates for students who entered the university four years prior and, separately, for low-income students in that cohort.

(10) The number of degree completions annually, in total and for the following categories:

(A) Freshman entrants.

(B) California Community College transfer students.

(D) Low-income students.

(11) The percentage of freshman entrants who have earned sufficient course credits by the end of their first year of enrollment to indicate that they will graduate within four years.

(12) The percentage of California Community College transfer students who have earned sufficient course credits by the end of their first year of enrollment to indicate that they will graduate within two years.

(13) For all students, the total amount of funds received from all sources identified in subdivision (c) of Section 89290 for the year, divided by the number of degrees awarded that same year.

(14) For undergraduate students, the total amount of funds received from all sources identified in subdivision (c) of Section 89290 for the year expended for undergraduate education, divided by the number of undergraduate degrees awarded that same year.

(15) The average number of California State University course credits and the total course credits, including credits accrued at other institutions, accumulated by all undergraduate students who graduated, and separately for freshman entrants and California Community College transfer students.

(16) (A) The number of degree completions in science, technology, engineering, and mathematics (STEM) fields, in total, and separately for undergraduate students, graduate students, and low-income students.

(B) For purposes of subparagraph (A), “STEM fields” include, but are not necessarily limited to, all of the following: computer and information sciences, engineering and engineering technologies, biological and biomedical sciences, mathematics and statistics, physical sciences, and science technologies.

(c) Commencing with the 2017–18 academic year, the California State University shall include in the report described in subdivision (b) goals for the three academic years immediately following the academic year of the report for each of the performance measures listed under that subdivision.

(d) It is the intent of the Legislature that the appropriate policy and fiscal committees of the Legislature review these performance measures in a collaborative process with the Department of Finance, the Legislative Analyst’s Office, individuals with expertise in statewide accountability efforts, the University of California, the California State University, and, for purposes of data integrity and consistency, the California Community Colleges, and consider any recommendations for their modification and refinement. It is further the intent of the Legislature that any modification or refinement of these measures be guided by the legislative intent expressed in Section 66010.93.

SEC. 36.

Section 92675 of the Education Code is amended to read:

92675.

(a) For purposes of this section, the following terms are defined as follows:

(2) The “two-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within two years.

(3) “Low-income student” means an undergraduate student who has an eligibility index for student aid, as defined in subdivision (f) of Section 69406, at any time during the student’s matriculation at the institution that would qualify the student to receive a federal Pell Grant. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the Student Aid Commission to be equivalent to the FAFSA application submitted by that applicant.

(b) Commencing with the 2013–14 academic year, the University of California shall report, by March 15 of each year, on the following performance measures for the preceding academic year, to inform budget and policy decisions and promote the effective and efficient use of available resources:

(1) The number of transfer students enrolled from the California Community Colleges, and the percentage of California Community College transfer students as a proportion of the total number of undergraduate students enrolled.

(2) The number of new transfer students enrolled from the California Community Colleges, and the percentage of new California Community College transfer students as a proportion of the total number of new undergraduate students enrolled.

(3) The number of low-income students enrolled and the percentage of low-income students as a proportion of the total number of undergraduate students enrolled.

(4) The number of new low-income students enrolled and the percentage of new low-income students as a proportion of the total number of new undergraduate students enrolled.

(5) The four-year graduation rate for students who entered the university four years prior and, separately, for low-income students in that cohort.

(6) The two-year transfer graduation rate for students who entered the university two years prior and, separately, for low-income students in that cohort.

(7) The number of degree completions, in total and for the following categories:

(A) Freshman entrants.

(B) California Community College transfer students.

(D) Low-income students.

(8) The percentage of freshman entrants who have earned sufficient course credits by the end of their first year of enrollment to indicate they will graduate within four years.

(9) The percentage of California Community College transfer students who have earned sufficient course credits by the end of their first year of enrollment to indicate they will graduate within two years.

(10) For all students, the total amount of funds received from all sources identified in subdivision (c) of Section 92670 for the year, divided by the number of degrees awarded that same year.

(11) For undergraduate students, the total amount of funds received from the sources identified in subdivision (c) of Section 92670 for the year expended for undergraduate education, divided by the number of undergraduate degrees awarded that same year.

(12) The average number of University of California course credits and total course credits, including credit accrued at other institutions, accumulated by all undergraduate students who graduated, and separately for freshman entrants and California Community College transfer students.

(13) (A) The number of degree completions in science, technology, engineering, and mathematics (STEM) fields, in total, and separately for undergraduate students, graduate students, and low-income students.

(c) Commencing with the 2017–18 academic year, the University of California shall include in the report described in subdivision (b) goals for the three academic years immediately following the academic year of the report for each of the performance measures listed under that subdivision.

SEC. 37.

Section 4709 of the Labor Code is amended to read:

4709.

(a) Notwithstanding any other law, a dependent of a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code, or a Sheriff’s Special Officer of the County of Orange, who is killed in the performance of duty or who dies or is totally disabled as a result of an accident or an injury caused by external violence or physical force, incurred in the performance of duty, when the death, accident, or injury is compensable under this division or Division 4.5 (commencing with Section 6100) shall be entitled to a scholarship at any qualifying institution described in subdivision (k) of Section 69406 of the Education Code. The scholarship shall be in an amount equal to the amount provided a student who has been awarded a Cal Grant scholarship as specified in Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3 of the Education Code or Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of the Education Code, as it read on December 31, 2022.

(b) A dependent of an officer or employee of the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, described in Section 20403 of the Government Code, who is killed in the performance of duty, or who dies or is totally disabled as a result of an accident or an injury incurred in the performance of duty, when the death, accident, or injury is caused by the direct action of an inmate, and is compensable under this division or Division 4.5 (commencing with Section 6100), shall also be entitled to a scholarship specified in this section.

(c) Notwithstanding any other law, a dependent of a firefighter employed by a county, city, city and county, district, or other political subdivision of the state, who is killed in the performance of duty or who dies or is totally disabled as a result of an accident or injury incurred in the performance of duty, when the death, accident, or injury is compensable under this division or Division 4.5 (commencing with Section 6100), shall also be entitled to a scholarship specified in this section.

(d) Nothing in this section shall be interpreted to allow the admittance of the dependent into a college or university unless the dependent is otherwise qualified to gain admittance to the college or university.

(e) The scholarship provided for by this section shall be paid out of funds annually appropriated in the Budget Act to the Student Aid Commission established by Article 2 (commencing with Section 69510) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.

(f) The receipt of a scholarship provided for by this section shall not preclude a dependent from receiving a Cal Grant award pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3 of the Education Code or Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of the Education Code, as it read on December 31, 2022, any other grant, or any fee waivers that may be provided by an institution of higher education. The receipt of a Cal Grant award pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3 of the Education Code or Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of the Education Code, as it read on December 31, 2022, any other grant, or any fee waivers that may be provided by an institution of higher education shall not preclude a dependent from receiving a scholarship provided for by this section.

(g) As used in this section, “dependent” means the children (natural or adopted) or spouse, at the time of the death or injury, of the peace officer, law enforcement officer, or firefighter.

(h) Eligibility for a scholarship under this section shall be limited to a person who demonstrates financial need as determined by the Student Aid Commission pursuant to Section 69415 of the Education Code or Article 1.5 (commencing with Section 69503) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, as applicable. For purposes of determining financial need, the proceeds of death benefits received by the dependent, including, but not limited to, a continuation of income received from the Public Employees’ Retirement System, the proceeds from the federal Public Safety Officers’ Benefits Act, life insurance policies, proceeds from Sections 4702 and 4703.5, any private scholarship where receipt is predicated upon the recipient being the survivor of a deceased public safety officer, the scholarship awarded pursuant to Section 68120 of the Education Code, and any interest received from these benefits, shall not be considered.

SEC. 38.

Section 5024 of the Vehicle Code is amended to read:

5024.

(a) A person described in Section 5101 may also apply for a set of commemorative collegiate reflectorized license plates, and the department shall issue those special license plates in lieu of the regular license plates. The collegiate reflectorized plates shall be of a distinctive design, and shall be available in a special series of letters or numbers, or both, as determined by the department. The collegiate reflectorized plates shall also contain the name of the participating institution as well as the reflectorized logotype, motto, symbol, or other distinctive design, as approved by the department, representing the participating university or college selected by the applicant. The department may issue the commemorative collegiate reflectorized license plates as environmental license plates, as defined in Section 5103, in a combination of numbers or letters, or both, as requested by the owner or lessee of the vehicle.

(b) Any public or private postsecondary educational institution in the state, which is accredited or has been accepted as a recognized candidate for accreditation by the Western Association of Schools and Colleges, may indicate to the department its decision to be included in the commemorative collegiate license plate program and submit its distinctive design for the logotype, motto, symbol, or other design. However, no public or private postsecondary educational institution may be included in the program until not less than 5,000 applications are received for license plates containing that institution’s logotype, motto, symbol, or other design. Each participating institution shall collect and hold applications for collegiate license plates until it has received at least 5,000 applications. Once the institution has received at least 5,000 applications, it shall submit the applications, along with the necessary fees, to the department. Upon receiving the first application, the institution shall have one calendar year to receive the remaining required applications. If, after that one calendar year, 5,000 applications have not been received, the institution shall refund to all applicants any fees or deposits which have been collected.

(c) In addition to the regular fees for an original registration, a renewal of registration, or a transfer of registration, the following commemorative collegiate license plate fees shall be paid:

(1) Fifty dollars ($50) for the initial issuance of the plates. These plates shall be permanent and shall not be required to be replaced.

(2) Forty dollars ($40) for each renewal of registration which includes the continued display of the plates.

(3) Fifteen dollars ($15) for transfer of the plates to another vehicle.

(4) Thirty-five dollars ($35) for replacement plates, if the plates become damaged or unserviceable.

(d) When payment of renewal fees is not required as specified in Section 4000, or when the person determines to retain the commemorative collegiate license plates upon sale, trade, or other release of the vehicle upon which the plates have been displayed, the person shall notify the department and the person may retain the plates.

(e) Of the revenue derived from the additional special fees provided in this section, less costs incurred by the department pursuant to this section, one-half shall be deposited in the California Collegiate License Plate Fund, which is hereby created, and one-half shall be deposited in the California Environmental License Plate Fund.

(f) The money in the California Collegiate License Plate Fund is, notwithstanding Section 13340 of the Government Code, continuously appropriated to the Controller for allocation as follows:

(1) To the governing body of participating public institutions in the proportion that funds are collected on behalf of each, to be used for need-based scholarships, distributed according to federal student aid guidelines.

(2) With respect to funds collected on behalf of accredited nonprofit, private, and independent colleges and universities in the state, to the California Student Aid Commission for grants to students at those institutions, in the proportion that funds are collected on behalf of each institution, who demonstrate eligibility and need in accordance with the Cal Grant Reform Act pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3 of the Education Code or the Cal Grant Program pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of the Education Code, as it read on December 31, 2022, but who did not receive an award based on a listing prepared by the California Student Aid Commission.

(g) The scholarships and grants shall be awarded without regard to race, religion, creed, sex, or age.

(h) The Resources License Plate Fund is hereby abolished and all remaining funds shall be transferred to the California Environmental License Plate Fund effective July 1, 2014.

SEC. 39.

(a) The Trustees of the California State University shall, and the Regents of the University of California are requested to, adopt a statement of policy on or before June 30, 2023, on how their institutional aid programs address student basic needs and how these institutional funds are prioritized for disbursement.

(b) It is the intent of the Legislature, in partnership with the University of California and California State University, that institutional aid programs address tuition and fee assistance for highest need students when other coverage is not available, prioritize addressing nontuition costs serving the highest need students first, and support students who are not as needy if funding permits.

(c) It is the intent of the Legislature that the University of California and the California State University do not supplant their undergraduate institutional need-based aid for students with the funds provided pursuant to this act and, to the extent possible, maintain institutional aid funding amounts at a level that is equal to the level maintained during the 2022–23 academic year.

(d) (1) The University of California, the California State University, private nonprofit and for-profit institutions of higher education, and community college districts whose students receive Cal Grant aid shall report all of the following to the Department of Finance, the Legislative Analyst’s Office, and the higher education policy and fiscal committees of the Legislature for each academic year, starting with the 2022–23 academic year, by March 31 of the subsequent academic year:

(A) The number and percentage of students who received Cal Grants.

(B) The average total of federal, state, and institutional aid provided to financial aid eligible students.

(D) The proportion of total cost of attendance covered by federal, state, and institutional aid for their students, for each of the following student household income ranges:

(i) Zero dollars ($0) to thirty thousand dollars ($30,000).

(ii) Thirty thousand and one dollars ($30,001) to forty-eight thousand dollars ($48,000).

(iii) Forty-eight thousand and one dollars ($48,001) to seventy-five thousand dollars ($75,000).

(iv) Seventy-five thousand one dollars ($75,001) to one hundred ten thousand dollars ($110,000).

(v) One hundred ten thousand one dollars ($110,001) and above.

(E) A description of efforts made by the systems and campuses to lower student costs and the number of students impacted, when possible.

(F) A description of efforts made by the systems and campuses to help students access federal, state, and local programs that provide need-based supports, and the number of students impacted, when possible.

(G) The total amount of institutional aid provided toward each of the following uses:

(i) Tuition or fees.

(ii) Support for nontuition costs.

(iii) Undergraduate students.

(iv) Undergraduate students after their fourth year of enrollment.

(v) Graduate students.

(H) The amount of aid provided to students in each of the student household income ranges identified in subparagraph (D) for each of the following purposes:

(i) Tuition or fees.

(ii) Support for nontuition costs.

(iii) Undergraduate studies.

(iv) Undergraduate studies after the fourth year of enrollment.

(v) Graduate studies.

(2) The University of California and the California State University may report the information required in subparagraphs (A) to (D), inclusive, of paragraph (1) as part of the annual reports on their respective institutional financial aid programs provided pursuant to Section 66021.1 of the Education Code.

(e) It is the intent of the Legislature to enact future legislation that would appropriate funds for purposes of the Cal Grant 2 Program and Cal Grant 4 Program, established pursuant to Chapter ~~5 (commencing with Section 70200)~~ 1.5 (commencing with Section 69405) of Part 42 of Division 5 of Title 3 of the Education Code, specifically including provisions that would do ~~all~~ both of the following:

(1)Revise eligibility requirements for a Cal Grant 2 award or Cal Grant 4 award so that all students with household incomes qualifying for a federal Pell Grant award would be eligible for a Cal Grant 2 award or Cal Grant 4 award.
~~(2)~~

(1) Increase the base award amount for the Cal Grant 2 award to two thousand five hundred dollars ($2,500), and adjust the amount in subsequent award years in proportion to the growth, if any, of the California Consumer Price Index as calculated by the Department of Industrial Relations.

~~(3)~~

(2) Establish a statutory formula award for the Cal Grant 4 award available to students enrolled at private, nonprofit institutions of higher education, and additional eligibility for students to receive a Cal Grant 2 award or a Cal Grant 4 award for two summer terms without impacting their lifetime eligibility for Cal Grant awards during the traditional academic year.

SEC. 40.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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Bill Text: CA AB1746 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1746 (Prior Session Legislation)

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

8421.

SEC. 2.

66010.91.

SEC. 3.

66010.93.

SEC. 4.

66018.5.

SEC. 5.

66021.2.

SEC. 6.

66025.3.

SEC. 7.

66025.9.

SEC. 8.

66093.3.

SEC. 9.

67003.5.

SEC. 10.

67380.

SEC. 11.

67380.

SEC. 12.

67453.

SEC. 13.

68120.

SEC. 14.

68121.

SEC. 15.

69000.

SEC. 16.

CHAPTER 1.5. The Cal Grant Reform Act

Article 1. General Provisions

69405.

69406.

69407.

69408.

69409.

69410.

69411.

69412.

69413.

69414.

69415.

69416.

69417.

69418.

69419.

Article 2. Cal Grant 2 Program

69424.

Article 3. Cal Grant 4 Program

69425.

Article 4. Operative Date

69428.

SEC. 17.

CHAPTER 1.7. California Dreamer Service Incentive Grant Program and Awards for Students with Dependent Children

SEC. 18.

69438.3.

SEC. 19.

69438.5.

SEC. 20.

69465.

SEC. 21.

69470.

SEC. 22.

Article 11. Suspension of Chapter Operation

69475.

SEC. 23.

69506.

SEC. 24.

69511.

SEC. 25.

69513.2.