Bill Text: CA AB2136 | 2015-2016 | Regular Session | Amended
Bill Title: Public postsecondary education: exemption from nonresident tuition.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From committee without further action. [AB2136 Detail]
Download: California-2015-AB2136-Amended.html
BILL NUMBER: AB 2136 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Mayes
( Coauthor: Assembly Member
Olsen )
FEBRUARY 17, 2016
An act to amend Section 68130.5 of the Education Code, relating to
public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2136, as amended, Mayes. Public postsecondary education:
exemption from nonresident tuition.
(1) Existing law exempts a student, other than a nonimmigrant
alien, as defined, from paying nonresident tuition at the California
State University and the California Community Colleges if the student
meets certain requirements.
This bill would delete the exception from this provision made for
nonimmigrant aliens, as defined. The bill would therefore make
nonimmigrant aliens
Notwithstanding the exclusion of nonimmigrant aliens from the
exemption from paying nonresident tuition, the bill would provide
that any student enrolled at the California State
University or the California Community Colleges shall remain
eligible for the exemption from nonresident tuition made by
this provision if the nonimmigrant aliens meet its
requirements. alien met the requirements for the
exemption from nonresident tuition as a dependent of an individual
with an E-2 nonimmigrant classification as long as the
student remains continuously enrolled, irrespective of any change in
the student's visa or immigration sta tus.
The bill would request the Regents of the University of California
to enact exemptions from requirements to pay nonresident tuition for
its students that are equivalent to those applicable to students of
the California Community Colleges and the California State University
pursuant to this bill.
Because the bill would impose new duties on community college
districts with respect to determining eligibility for exemptions from
paying nonresident tuition, the bill 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: yes.
State-mandated local program: 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 law:
(a) A student 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) Satisfaction of either of the following:
(A) High school attendance in California for three or more years.
(B) Attainment of credits earned in California from a California
high school equivalent to three or more years of full-time high
school coursework and a total of three or more years of attendance in
California elementary schools, California secondary schools, or a
combination of those schools.
(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 who is exempt from nonresident tuition under this
section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
(d) Student information obtained in the implementation of this
section is confidential.
(e) Notwithstanding the exclusion of nonimmigrant aliens from the
exemption from paying nonresident tuition specified in subdivision
(a), any student enrolled at the California State University or the
California Community Colleges who met the requirements of subdivision
(a) as a dependent of an individual with an E-2 nonimmigrant
classification shall remain exempt from paying nonresident tuition as
long as the student remains continuously enrolled, irrespective of
any change in the student's visa or immigration status.
SEC. 2. The Regents of the University of California are requested
to enact exemptions from requirements to pay nonresident tuition for
its students that are equivalent to those applicable to students of
the California Community Colleges and the California State University
pursuant to Section 68130.5 of the Education Code, as amended
pursuant to this act.
SEC. 3. 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.
