Bill Text: CA AB343 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Public postsecondary education: holders of certain special immigrant visas.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-10-05 - Chaptered by Secretary of State - Chapter 491, Statutes of 2017. [AB343 Detail]

Download: California-2017-AB343-Amended.html

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Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 343

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Introduced by Assembly Member McCarty

February 07, 2017

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An act to add Sections 68122.3, 69504.7, and 76301.3 Section 68075.6 to the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 343, as amended, McCarty. Public postsecondary education: holders of certain special immigrant visas.

(1) Existing law establishes the California State University, the California Community Colleges, and the University of California as the 3 segments of public postsecondary education in this state. Existing law exempts specified students from paying nonresident tuition at the California State University and the California Community Colleges, and establishes financial aid programs for students, as specified. Existing law also requires the governing board of each community college district to charge resident students an enrollment fee of $46 per unit per semester and to waive that fee for specified students.

Existing law provides that students who are victims of trafficking, domestic violence, and other serious crimes who have been granted a specified status under federal law are exempt from paying nonresident tuition at the California State University and the California Community Colleges, and are eligible to apply for, and participate in, all student financial aid programs and scholarships administered by a public postsecondary educational institution or the State of California, to the same extent as individuals who are admitted to the United States as refugees under a specified federal law. Existing law also requests the University of California to adopt policies that are consistent with those provisions. Existing law also requires community college districts to waive the fees of those students to the same extent as individuals who are admitted to the United States as refugees under the specified federal law.

This bill would express legislative findings and declarations relating to persons provided with special immigrant visa status due to their displacement because of wars taking place in their home countries. The bill would exempt students who have been granted special immigrant visas pursuant to a specified federal statute statute, or are refugees admitted to the United States under a specified federal statute, from paying nonresident tuition at the California State University and the California Community Colleges, and would make those students eligible to apply for and participate in all student financial aid program and scholarships administered by a public postsecondary educational institution or the State of California, to the same extent as individuals who are admitted to the United States as refugees pursuant to a specified federal statute. Colleges. The bill would request the Regents of the University of California to adopt policies that would be consistent with this provision. The bill would also require community college districts to waive the fees of these students to the same extent as the above-described refugees.

To the extent that this bill would place additional requirements on community college districts to exempt those students from nonresident tuition, to administer financial aid programs and scholarships, and to provide fee waivers to those students, the bill would impose 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.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 68075.6 is added to the Education Code, to read:

68075.6.

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

(1) The wars in Afghanistan, Iraq, Syria, and other countries have displaced many families, causing many of them to flee their homes in search of a better life. Between 2011 and March 2017, more than 36,000 refugees entered California, with nearly 8,000 of them entering in 2016.

(2) Under the National Defense Authorization Act for Fiscal Year 2006, certain Afghani and Iraqi nationals were provided special immigrant status in the United States. Through the end of 2015, more than 37,000 individuals were granted special immigrant visa (SIV) status under this program. Between 2011 and March 2017, 9,200 SIV holders have resettled in California.

(3) Many of these families have escaped war and persecution in order to improve the lives of their families, but encounter numerous barriers, such as the cost of higher education, when assimilating into the United States. Access to institutions of higher education will ensure that students from these families are able to pursue their educational goals and rebuild and improve their lives and the lives of their families.

(b) Notwithstanding any other law, a student of the California Community Colleges or the California State University who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181 or under Public Law 109-163, or is a refugee admitted to the United States under Section 1157 of Title 8 of the United States Code, shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees. The Regents of the University of California are requested to adopt policies that are consistent with this subdivision.

SECTION 1.Section 68122.3 is added to the Education Code, to read:

68122.3.

(a)Notwithstanding any other law, a student who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181 or Public Law 109-163 shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.

(b)The Regents of the University of California are requested to adopt policies that are consistent with subdivision (a).

SEC. 2.Section 69504.7 is added to the Education Code, to read:

69504.7.

(a)Notwithstanding any other law, a student who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181 or Public Law 109-163 shall be eligible to apply for, and participate in, all student financial aid programs and scholarships administered by a public postsecondary educational institution or the State of California to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.

(b)The Regents of the University of California are requested to adopt policies that are consistent with subdivision (a).

SEC. 3.Section 76301.3 is added to the Education Code, to read:

76301.3.

Notwithstanding any other law, a community college district shall waive the fees of a student who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181 or Public Law 109-163 to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.

SEC. 4.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.