Bill Text: CA AB1449 | 2015-2016 | Regular Session | Chaptered
Bill Title: Student financial aid: California Community College
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 433, Statutes of 2016. [AB1449 Detail]
Download: California-2015-AB1449-Chaptered.html
BILL NUMBER: AB 1449 CHAPTERED
BILL TEXT
CHAPTER 433
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 18, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN ASSEMBLY JANUARY 13, 2016
AMENDED IN ASSEMBLY JANUARY 5, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Lopez
FEBRUARY 27, 2015
An act to amend Section 69436 of the Education Code, relating to
student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
AB 1449, Lopez. Student financial aid: California Community
College Transfer Cal Grant Entitlement Program.
(1) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program, establishes the Cal Grant A and B Entitlement awards,
the California Community College Transfer Cal Grant 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
awards under these programs for participating students attending
qualifying institutions.
Under the California Community College Transfer Cal Grant
Entitlement Program, a student who transfers from a California
community college to a qualifying institution that offers a
baccalaureate degree receives a Cal Grant A or B award if the student
meets specified requirements, among which is that the student
graduate from a California high school or its equivalent during or
after the 2000-01 academic year.
This bill would, commencing with the 2017-18 academic year, exempt
a student from the requirement that the student graduate from a
California high school or its equivalent if he or she did not
graduate from high school or its equivalent and was a California
resident, as determined pursuant to specified provisions of law, on
his or her 18th birthday.
(2) This bill would incorporate additional changes to Section
69436 of the Education Code proposed by SB 1314 that would become
operative if this bill and SB 1314 are both enacted and this bill is
chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69436 of the Education Code is amended to read:
69436. (a) A student who was not awarded a Cal Grant A or B award
pursuant to Article 2 (commencing with Section 69434) or Article 3
(commencing with Section 69435) at the time of his or her high school
graduation but, at the time of transfer from a California community
college to a qualifying baccalaureate program, meets all of the
criteria set forth in subdivision (b), shall be entitled to a Cal
Grant A or B award.
(b) Any California resident transferring from a California
community college to a qualifying institution that offers a
baccalaureate degree is entitled to receive, and the commission, or a
qualifying institution pursuant to Article 8 (commencing with
Section 69450), shall award, a Cal Grant A or B award depending on
the eligibility determined pursuant to subdivision (c), if all of the
following criteria are met:
(1) A complete official financial aid application has been
submitted or postmarked pursuant to Section 69432.9, no later than
the March 2 of the year immediately preceding the award year.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student has earned a community college grade point average
of at least 2.4 on a 4.0 scale and is eligible to transfer to a
qualifying institution that offers a baccalaureate degree.
(4) The student's household has an income and asset level not
exceeding the limits set forth in Section 69432.7.
(5) The student is pursuing a baccalaureate degree that is offered
by a qualifying institution.
(6) He or she is enrolled at least part time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student will not be 28 years of age or older by December
31 of the award year.
(9) The student graduated from a California high school or its
equivalent during or after the 2000-01 academic year.
(10) (A) Except as provided for in subparagraph (B), the student
attended a California community college in the academic year
immediately preceding the academic year for which the award will be
used.
(B) A student otherwise eligible to receive an award pursuant to
this section, who attended a California community college in the
2011-12 academic year, may use the award for the 2012-13 and 2013-14
academic years.
(c) The amount and type of the award pursuant to this article
shall be determined as follows:
(1) For applicants with income and assets at or under the Cal
Grant A limits, the award amount shall be the amount established
pursuant to Article 2 (commencing with Section 69434).
(2) For applicants with income and assets at or under the Cal
Grant B limits, the award amount shall be the amount established
pursuant to Article 3 (commencing with Section 69435).
(d) (1) A student meeting the requirements of paragraph (9) of
subdivision (b) by means of high school graduation, rather than its
equivalent, shall be required to have graduated from a California
high school, unless that California resident graduated from a high
school outside of California due solely to orders received from a
branch of the United States Armed Forces by that student or by that
student's parent or guardian that required that student to be outside
of California at the time of high school graduation.
(2) For the purposes of this article, all of the following are
exempt from the requirements of subdivision (e) of Section 69433.9
and paragraph (9) of subdivision (b) of this section:
(A) A student for whom a claim under this article was paid prior
to December 1, 2005.
(B) A student for whom a claim under this article for the 2004-05
award year or the 2005-06 award year was or is paid on or after
December 1, 2005, but no later than October 15, 2006.
(C) Commencing with the 2017-18 academic year, a student who did
not graduate from high school or its equivalent and was a California
resident, as determined pursuant to Article 5 (commencing with
Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday.
(3) (A) The commission, or a qualifying institution pursuant to
Article 8 (commencing with Section 69450), shall make preliminary
awards to all applicants currently eligible for an award under this
article. At the time an applicant receives a preliminary award, the
commission, or a qualifying institution pursuant to Article 8
(commencing with Section 69450), shall require that applicant to
affirm, in writing, under penalty of perjury, that he or she meets
the requirements set forth in subdivision (e) of Section 69433.9,
paragraph (9) of subdivision (b) of this section, and paragraph (1)
of this subdivision. The commission, or a qualifying institution
pursuant to Article 8 (commencing with Section 69450), shall notify
each person who receives a preliminary award under this paragraph
that his or her award is subject to an audit pursuant to subparagraph
(B).
(B) The commission shall select, at random, a minimum of 10
percent of the new and renewal awards made under subparagraph (A),
and shall require, prior to the disbursement of Cal Grant funds to
the affected postsecondary institution, that the institution verify
that the recipient meets the requirements of subdivision (e) of
Section 69433.9, paragraph (9) of subdivision (b) of this section,
and paragraph (1) of this subdivision. An award that is audited under
this paragraph and found to be valid shall not be subject to a
subsequent audit.
(C) Pursuant to Section 69517.5, the commission shall seek
repayment of any and all funds found to be improperly disbursed under
this article.
(D) On or before November 1 of each year, the commission shall
submit a report to the Legislature and the Governor including, but
not necessarily limited to, both of the following:
(i) The number of awards made under this article in the preceding
12 months.
(ii) The number of new and renewal awards selected, in the
preceding 12 months, for verification under subparagraph (B), and the
results of that verification with respect to students at the
University of California, at the California State University, at
independent nonprofit institutions, and at independent for-profit
institutions.
SEC. 1.5. Section 69436 of the Education Code is amended to read:
69436. (a) A student who was not awarded a Cal Grant A or B award
pursuant to Article 2 (commencing with Section 69434) or Article 3
(commencing with Section 69435) at the time of his or her high school
graduation but, at the time of transfer from a California community
college to a qualifying baccalaureate program or upon matriculation
into the upper division coursework of a community college
baccalaureate program, described in Article 3 (commencing with
Section 78040) of Chapter 1 of Part 48 of Division 7, meets all of
the criteria set forth in subdivision (b), shall be entitled to a Cal
Grant A or B award.
(b) Any California resident transferring from a California
community college to a qualifying institution that offers a
baccalaureate degree or who matriculates into the upper division
coursework of a community college baccalaureate program, described in
Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of
Division 7, is entitled to receive, and the commission, or a
qualifying institution pursuant to Article 8 (commencing with Section
69450), shall award, a Cal Grant A or B award depending on the
eligibility determined pursuant to subdivision (c), if all of the
following criteria are met:
(1) A complete official financial aid application has been
submitted or postmarked pursuant to Section 69432.9, no later than
the March 2 of the year immediately preceding the award year.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student has earned a community college grade point average
of at least 2.4 on a 4.0 scale and is eligible to transfer to a
qualifying institution that offers a baccalaureate degree.
(4) The student's household has an income and asset level not
exceeding the limits set forth in Section 69432.7.
(5) The student is pursuing a baccalaureate degree that is offered
by a qualifying institution.
(6) He or she is enrolled at least part time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student will not be 28 years of age or older by December
31 of the award year.
(9) The student graduated from a California high school or its
equivalent during or after the 2000-01 academic year.
(10) (A) Except as provided for in subparagraph (B), the student
attended a California community college in the academic year
immediately preceding the academic year for which the award will be
used.
(B) A student otherwise eligible to receive an award pursuant to
this section, who attended a California community college in the
2011-12 academic year, may use the award for the 2012-13 and 2013-14
academic years.
(c) The amount and type of the award pursuant to this article
shall be determined as follows:
(1) For applicants with income and assets at or under the Cal
Grant A limits, the award amount shall be the amount established
pursuant to Article 2 (commencing with Section 69434).
(2) For applicants with income and assets at or under the Cal
Grant B limits, the award amount shall be the amount established
pursuant to Article 3 (commencing with Section 69435).
(d) (1) A student meeting the requirements of paragraph (9) of
subdivision (b) by means of high school graduation, rather than its
equivalent, shall be required to have graduated from a California
high school, unless that California resident graduated from a high
school outside of California due solely to orders received from a
branch of the United States Armed Forces by that student or by that
student's parent or guardian that required that student to be outside
of California at the time of high school graduation.
(2) For the purposes of this article, all of the following are
exempt from the requirements of subdivision (e) of Section 69433.9
and paragraph (9) of subdivision (b) of this section:
(A) A student for whom a claim under this article was paid prior
to December 1, 2005.
(B) A student for whom a claim under this article for the 2004-05
award year or the 2005-06 award year was or is paid on or after
December 1, 2005, but no later than October 15, 2006.
(C) Commencing with the 2017-18 academic year, a student who did
not graduate from high school or its equivalent and was a California
resident, as determined pursuant to Article 5 (commencing with
Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday.
(3) (A) The commission, or a qualifying institution pursuant to
Article 8 (commencing with Section 69450), shall make preliminary
awards to all applicants currently eligible for an award under this
article. At the time an applicant receives a preliminary award, the
commission, or a qualifying institution pursuant to Article 8
(commencing with Section 69450), shall require that applicant to
affirm, in writing, under penalty of perjury, that he or she meets
the requirements set forth in subdivision (e) of Section 69433.9,
paragraph (9) of subdivision (b) of this section, and paragraph (1)
of this subdivision. The commission, or a qualifying institution
pursuant to Article 8 (commencing with Section 69450), shall notify
each person who receives a preliminary award under this paragraph
that his or her award is subject to an audit pursuant to subparagraph
(B).
(B) The commission shall select, at random, a minimum of 10
percent of the new and renewal awards made under subparagraph (A),
and shall require, prior to the disbursement of Cal Grant funds to
the affected postsecondary institution, that the institution verify
that the recipient meets the requirements of subdivision (e) of
Section 69433.9, paragraph (9) of subdivision (b) of this section,
and paragraph (1) of this subdivision. An award that is audited under
this paragraph and found to be valid shall not be subject to a
subsequent audit.
(C) Pursuant to Section 69517.5, the commission shall seek
repayment of any and all funds found to be improperly disbursed under
this article.
(D) On or before November 1 of each year, the commission shall
submit a report to the Legislature and the Governor including, but
not necessarily limited to, both of the following:
(i) The number of awards made under this article in the preceding
12 months.
(ii) The number of new and renewal awards selected, in the
preceding 12 months, for verification under subparagraph (B), and the
results of that verification with respect to students at the
University of California, at the California State University, at
independent nonprofit institutions, and at independent for-profit
institutions.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 69436 of the Education Code proposed by both this bill and
Senate Bill 1314. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 69436 of the Education Code, and (3) this
bill is enacted after Senate Bill 1314, in which case Section 1 of
this bill shall not become operative.
