Bill Text: CA AB2000 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Public postsecondary education: exemption from nonresident tuition.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 675, Statutes of 2014. [AB2000 Detail]

Download: California-2013-AB2000-Amended.html

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BILL NUMBER: AB 2000	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 20, 2014

   An act to  add Section 68130.8 to   amend
Section 68130.5 of  the Education Code, relating to public
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2000, as amended, Gomez. Public postsecondary education:
exemption from nonresident tuition. 
   Existing 
    (1)     Existing  law 
requires   provides  that a person, other than a
nonimmigrant alien, as defined, who has attended high school in
California for 3 or more years, who has graduated from a California
high school or attained the equivalent thereof, who has registered at
or attends an accredited institution of higher education in
California not earlier than the fall semester or quarter of the
2001-02 academic year, and who, if he or she is an alien without
lawful immigration status, has filed an affidavit as specified, is
exempt from paying nonresident tuition at the California Community
Colleges and the California State University.
   This bill would provide that a student's  
student could   qualify for  exemption from nonresident
tuition  for an academic year  pursuant to the
above-referenced provision  is to be determined solely on the
basis of the criteria in that provision and not affected by a change
in that student's immigration or residency status in a subsequent
academic year. The bill would express a legislative finding and
declaration that its provisions are declaratory of existing law.
  either by high school attendance in California for 3
or more years or by attainment of high school credits equivalent to 3
or more years of full-time high school coursework, in addition to
the other conditions referenced above.  
   Because this bill would require community college districts to
determine whether students qualify for exemption from nonresident
tuition, 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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes .


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

   SECTION 1.    Section 68130.5 of the  
Education Code   is amended to read: 
   68130.5.  Notwithstanding any other provision of law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) High school attendance in California for three or more
 years.   years, or attainment of high school
credits equivalent to three or more years of   full-time
high school coursework. 
   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
   (b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential.
   SEC. 2.    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.  
  SECTION 1.    Section 68130.8 is added to the
Education Code, to read:
   68130.8.  A student's exemption from nonresident tuition for an
academic year pursuant to Section 68130.5 shall be determined solely
on the basis of the criteria in Section 68130.5, and shall not be
affected by a change in that student's immigration or residency
status in a subsequent academic year.  
  SEC. 2.    The Legislature finds and declares that
Section 68130.8 of the Education Code, as added by Section 1 of this
act, is declaratory of existing law.