Amended  IN  Assembly  March 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 21

Introduced by Assembly Member Kalra
(Coauthors: Assembly Members Chiu, Limón, and Santiago)

December 05, 2016

An act to add Article 11 (commencing with Section 66093) to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 21, as amended, Kalra. Public postsecondary education: Access to Higher Education for Every Student.
(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state.
Existing provisions of the Donahoe Higher Education Act set forth the missions and functions of these 4 postsecondary educational segments. No provision of the Donahoe Higher Education Act applies to the University of California except to the extent that the regents, by appropriate resolution, make that provision applicable.
This bill would express findings and declarations of the Legislature relating to the possible impacts on public postsecondary educational institutions in this state of changes in federal immigration policies and enforcement.
The bill would add to the Donahoe Higher Education Act provisions that, commencing with the 2017–18 academic year, that would require the Trustees of the California State University and University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and would request the regents, to the fullest extent consistent with federal law, to: refrain from releasing certain information regarding the immigration status of students and students, faculty, and staff of, or other members of the communities served by these campuses; refuse to allow officers or employees of United States Immigration and Customs Enforcement to enter campuses of their respective segments on official business of that agency unless they provide specified information and at least 10 business days’ advance notice; provide stipends for health care for all students who are not eligible for Medicaid and who cannot afford health insurance provided through the institution; offer on-campus housing, or a stipend to cover the cost of off-campus housing, during the periods between academic terms to students who face a significant risk of being unable to return to their respective campuses, as specified; provide for access to legal services without cost to students who face a significant risk of being unable to complete their studies because of possible actions by federal agencies or authorities; require all faculty and staff to immediately notify the campus chancellor or president if they suspect or become aware that specified federal authorities may enter, or have entered, the campus; immediately notify any and all students who may or could be subject to an immigration enforcement order or inquiry in a discrete and confidential manner, as specified; require all faculty and staff responding to or having contact with a representative of federal immigration authorities, or any other public or law enforcement entity working in coordination with these federal authorities, to verify the legality of any warrant or subpoena prior to complying or cooperating with any enforcement of an immigration order or inquiry; assign staff to serve as a point of contact for those who may be subject to immigration actions; solicit and maintain a contact list of known attorneys or legal services providers who provide pro bono legal immigration representation, and provide it free of charge to any and all students who request it; and ensure that certain benefits and services provided to students are continued in the event that a specified federal policy is amended or reversed.
The bill would express the intent of the Legislature that the provisions of the bill be funded, commencing with the 2017–18 fiscal year, through appropriations for these purposes in the annual Budget Act.
Because this bill would create new duties for 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.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 11 (commencing with Section 66093) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read:
Article  11. Access to Higher Education for Every Student

66093.
 (a) The Legislature finds and declares all of the following:
(1) Colleges California’s colleges and universities have traditionally been beacons of free thought that challenge students in a peaceful, safe environment. It is our Its institutions of higher education that have always been the of great pride of our great state. With to the State of California.
(2) With great risks of changes to approaches presented by changes to immigration policies and enforcement at the federal level, it is more important than ever for us to work to protect our students to work to protect the students, faculty, staff, and the public, and ensure that, regardless of their immigration status, they may can continue to take advantage of the education to which they are entitled, and are free from intimidation or risk of a loss of access to resources and programs that other students enjoy.

(2)To that end, at all public colleges and universities in this state, we must do all of the following:

(A)Guarantee student privacy by refusing to release information regarding the immigration status of students and other community members and refusing to comply with immigration authorities regarding deportations or raids.

(B)Require the federal Immigration and Customs Enforcement Agency to provide notice to the administrations of our public colleges and universities before they may enter our campuses on official business.

(C)Provide health care stipends for students who do not have access to Medicaid and who cannot afford to pay for school-provided health insurance.

(D)Offer housing to students who cannot return home during the breaks between academic terms.

(E)Bring legal practitioners to campuses so that they may provide legal counseling to students who may be in jeopardy of not being able to continue their education.

(3)In the event that the federal Deferred Action for Childhood Arrivals (DACA) policy is reversed, all of the following should be goals of our public colleges and universities:

(A)Ensuring that former DACA students continue to receive their financial aid and fellowship stipends by creating special funds, segregated from federal moneys, and guaranteeing that former DACA students who qualify for exemption from nonresident tuition continue to be exempt.

(B)Creating special funding sources to provide undocumented students with stipends that the students can receive for participation in research under the guidance of faculty members or participation in other meaningful educational projects.

(C)Assigning resources, including, but not necessarily limited to, office space and designated staff who, on a strictly confidential basis, will assist former DACA students and other students in need of their services.

(4)With these

(3) It is imperative that California put necessary protections in place, we will show that we are willing to take the steps necessary to ensure that our students and show it will take the necessary steps to ensure that the state’s students, faculty, staff, and the public have every opportunity to continue their education without fear or undue risk. We will reaffirm our values as a nation that honors
(4) In doing so, California reaffirms the principles that the attainment of education for the betterment of the individual and the community. We will also honor a principle that values every person for the potential he or she possesses, regardless of what their immigration status might be. It is in our best interests, as a nation of immigrants that has benefited greatly from talent that has flowed here from all over the world, to ensure that all of our residents who choose to attain academic success community is paramount, regardless of one’s immigration status. It is in the country’s best interests, as a nation of immigrants, which has benefited greatly from immigrants of all walks and backgrounds, to ensure that those who pursue educational and academic growth may further contribute to the productivity of this great state and nation.
(b) Therefore, it is the intent of the Legislature to enact legislation to effectuate enact the policies set forth in subdivision (a) Section 66093.3 and ensure that public institutions of higher education are safe spaces immune from free of immigration enforcement activities with access to financial aid programs and medical care services and supports for all students students, faculty, and staff regardless of their immigration status.

66093.3.
 Commencing with the 2017–18 academic year, the The Trustees of the California State University and University, the governing board of each community college district in the state state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with federal law:
(a) Refrain from releasing information regarding the immigration status of students attending, and students, faculty, and staff of, or other members of the communities served by, their respective campuses. campuses and programs.

(b)Refuse to allow officers or employees of United States Immigration and Customs Enforcement to enter campuses of their respective segments on official business of that agency unless they provide a written description of the nature of that official business, and the necessity for entering the campus in furtherance of that official business, to the chief executive officer of the campus at least 10 business days before the proposed entry onto the campus.

(c)Provide stipends for health care for all students who are not eligible for Medicaid and who are unable to afford to pay for health insurance provided through the institution attended by the student.

(d)Offer on-campus housing, or a stipend to cover the cost of off-campus housing, during the periods between academic terms to students who face a significant risk of being unable to return to their respective campuses to resume their studies if they travel to their family residences during this academic break.

(e)Provide for access to legal services without cost to students who face a significant risk of being unable to complete their studies because of possible actions by federal agencies or authorities.

(f)

(b) Require each member of the faculty and staff to immediately notify the campus chancellor or president if he or she suspects, or becomes aware that, federal Immigration and Customs Enforcement (ICE), or other public or law enforcement entities working in coordination with federal ICE, are expected to enter, will enter, or have entered, the campus.
(c) Immediately notify any and all students who may or could be subject to an immigration enforcement order or inquiry in a discrete and confidential manner that federal ICE is suspected to have entered, may enter, or has entered the campus.
(d) Require all faculty and staff responding to or having contact with a representative of federal ICE, or any other public or law enforcement entity working in coordination with federal ICE, to verify the legality of any warrant or subpoena prior to complying or cooperating with any enforcement of an immigration order or inquiry.
(e) Assign a staff person, or multiple staff persons as necessary, 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. Staff shall be prohibited from discussing the immigration status of any student, faculty, or staff with anyone, or revealing that immigration status to anyone, except the student, faculty, or staff in question.
(f) Solicit and maintain a contact list of known attorneys or legal services providers who provide pro bono 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 attorney’s name, photograph if available, telephone and cellular telephone numbers, email address, and office address.
(g) Ensure, in In the event that the federal Deferred Action for Childhood Arrivals (DACA) policy is amended in any way from how it existed on January 19, 2017, or is reversed, ensure that both of the following: following occur:
(1) That there is funding from appropriate sources so that students to whom the DACA policy was applicable may continue to receive financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, and the or other benefits they have been awarded or received.
(2) That office space and designated staff are staff is available to assist, on a strictly confidential basis, former DACA students, and other students students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues that place at risk the continuation of their education. issues, and whose education or employment is at risk because of federal ICE actions.

66093.5.
 It is the intent of the Legislature that the provisions of this article shall be funded, commencing with the 2017–18 fiscal year, through appropriations for these purposes in the annual Budget Act.

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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the provisions of this act to apply to the public postsecondary segments in time for the commencement of the 2017–18 academic year and to prevent hardship for affected students, it is necessary that this act take effect immediately.