Bill Text: CA SB141 | 2013-2014 | Regular Session | Chaptered
Bill Title: Postsecondary education benefits: children of deported or voluntarily departed parents.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 576, Statutes of 2013. [SB141 Detail]
Download: California-2013-SB141-Chaptered.html
BILL NUMBER: SB 141 CHAPTERED
BILL TEXT
CHAPTER 576
FILED WITH SECRETARY OF STATE OCTOBER 5, 2013
APPROVED BY GOVERNOR OCTOBER 5, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 11, 2013
AMENDED IN SENATE MARCH 12, 2013
INTRODUCED BY Senator Correa
(Principal coauthor: Senator Leno)
(Coauthors: Senators Cannella, Evans, Hernandez, Lara, and
Steinberg)
(Coauthors: Assembly Members Ammiano, Garcia, and Wieckowski)
JANUARY 29, 2013
An act to amend Sections 76140 and 89705 of the Education Code,
relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 141, Correa. Postsecondary education benefits: children of
deported or voluntarily departed parents.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, the California State University, under the
administration of the Trustees of the California State University,
and the University of California, under the administration of the
Regents of the University of California, as the 3 segments of public
higher education in the state. Existing law exempts specified
students from paying nonresident tuition at the California Community
Colleges and the California State University.
This bill would additionally exempt a student who is a United
States citizen who resides in a foreign country, and who meets all of
the following requirements, from nonresident tuition at the
California Community Colleges and the California State University:
(A) demonstrates financial need for the exemption; (B) has a parent
who has been deported or was permitted to depart voluntarily; (C)
moved abroad as a result of that deportation or voluntary departure;
(D) lived in California immediately before moving abroad; (E)
attended a public or private secondary school in the state for 3 or
more years; and (F) upon enrollment, will be in his or her first
academic year as a matriculated student in California public higher
education, as defined, will be living in California, and will file an
affidavit with the institution stating that he or she intends to
establish residency in California as soon as possible. The bill would
request the regents to enact regulations and procedures to exempt
similarly situated students of the University of California from
nonresident tuition.
This bill would incorporate changes proposed by both this bill and
SB 150 to the provision relating to nonresident tuition at the
California Community Colleges, contingent on the prior enactment of
that bill, as specified.
(2) To the extent the provisions of this bill would place
additional requirements on community college districts regarding the
provision of postsecondary education benefits to additional
categories of students, the bill would impose a state-mandated local
program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is estimated that over 5 million children are currently
living in the United States with at least one undocumented immigrant
parent. Approximately 75 percent of these children are United States
citizens, and many of them are from California.
(b) When one or both parents are deported, these citizen children
often have no recourse but to leave the country. At no fault of their
own, these children lose their schools, friends, and the place they
have come to know as "home."
(c) As a result of moving abroad, there is a break in these
children's presence in California, affecting their ability in later
years to attend a California public college or university at the much
lower resident prices.
(d) Today, these children, who are American citizens, are growing
up outside the United States, yet their desire to return to their
birth home continues to live within them. These children lack many
basic services granted to most United States citizens.
(e) The State of California has an interest in ensuring that these
children can access and afford a high-quality education.
SEC. 2. Section 76140 of the Education Code, as added by Section
66 of Chapter 38 of the Statutes of 2012, is amended to read:
76140. (a) A community college district may admit, and shall
charge a tuition fee to, nonresident students, except that a
community college district may exempt from all or parts of the fee
any person described in paragraph (1), (2), or (3), and shall exempt
from all of the fee any person described in paragraph (4):
(1) All nonresidents who enroll for six or fewer units. Exemptions
made pursuant to this paragraph shall not be made on an individual
basis.
(2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
(3) (A) A student who, as of August 29, 2005, was enrolled, or
admitted with an intention to enroll, in the fall term of the 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
(B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
(C) This paragraph shall apply only to the 2005-06 academic year.
(4) A nonresident student who is a United States citizen who
resides in a foreign country, if that nonresident meets all of the
following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary
departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(E) Attended a public or private secondary school, as described in
Sections 52 and 53, in the state for three or more years. The
student shall provide documents that demonstrate his or her secondary
school attendance.
(F) Upon enrollment, will be in his or her first academic year as
a matriculated student in California public higher education, as that
term is defined in subdivision (a) of Section 66010, will be living
in California, and will file an affidavit with the institution
stating that he or she intends to establish residency in California
as soon as possible.
(b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
(c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (j) or another statute, in which case a
nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
(A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
(B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
(C) An amount not to exceed the fee established by the governing
board of any contiguous district.
(D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
(E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
(2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
(i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
(j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or
(4) of subdivision (a), from the mandatory fee requirement described
in subdivision (a) for nonresident students may be reported as
resident FTES for state apportionment purposes. Any nonresident
student reported as resident FTES for state apportionment purposes
pursuant to subdivision (h) or (i) shall pay a per unit fee that is
three times the amount of the fee established for residents pursuant
to Section 76300. That fee is to be included in the FTES adjustments
described in Section 76300 for purposes of computing apportionments.
SEC. 2.5. Section 76140 of the Education Code, as added by Section
66 of Chapter 38 of the Statutes of 2012, is amended to read:
76140. (a) A community college district may admit, and shall
charge a tuition fee to, nonresident students, except that a
community college district may exempt from all or parts of the fee
any person described in paragraph (1), (2), (3), or (4), and shall
exempt from all of the fee any person described in paragraph (5):
(1) All nonresidents who enroll for six or fewer units. Exemptions
made pursuant to this paragraph shall not be made on an individual
basis.
(2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
(3) (A) A student who, as of August 29, 2005, was enrolled, or
admitted with an intention to enroll, in the fall term of the 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
(B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
(C) This paragraph shall apply only to the 2005-06 academic year.
(4) A special part-time student admitted pursuant to Section
76001.
(5) A nonresident student who is a United States citizen who
resides in a foreign country, if that nonresident meets all of the
following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary
departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(E) Attended a public or private secondary school, as described in
Sections 52 and 53, in the state for three or more years. The
student shall provide documents that demonstrate his or her secondary
school attendance.
(F) Upon enrollment, will be in his or her first academic year as
a matriculated student in California public higher education, as that
term is defined in subdivision (a) of Section 66010, will be living
in California, and will file an affidavit with the institution
stating that he or she intends to establish residency in California
as soon as possible.
(b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
(c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (j) or another statute, in which case a
nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
(A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
(B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
(C) An amount not to exceed the fee established by the governing
board of any contiguous district.
(D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
(E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
(2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
(i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
(j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or
(5) of subdivision (a), from the mandatory fee requirement described
in subdivision (a) for nonresident students may be reported as
resident FTES for state apportionment purposes. Any nonresident
student reported as resident FTES for state apportionment purposes
pursuant to subdivision (h) or (i) shall pay a per unit fee that is
three times the amount of the fee established for residents pursuant
to Section 76300. That fee is to be included in the FTES adjustments
described in Section 76300 for purposes of computing apportionments.
SEC. 3. Section 89705 of the Education Code is amended to read:
89705. (a) Except as provided in subdivision (c), and as
otherwise specially provided, an admission fee and rate of tuition
fixed by the trustees shall be required of each nonresident student.
The rate of tuition to be paid by each nonresident student, as
defined in Section 68018, shall not be less than three hundred sixty
dollars ($360) per year. The rate of tuition paid by each nonresident
student who is a citizen and resident of a foreign country and not a
citizen of the United States, except as otherwise specifically
provided, shall be fixed by the trustees and shall not be less than
three hundred sixty dollars ($360) per year.
(b) The trustees may waive entirely, or reduce below the rate, or
the minimum rate, fixed by this section, the tuition fee of a
nonresident student who is a citizen and resident of a foreign
country and not a citizen of the United States and who attends a
state university or college under an agreement entered into by a
governmental agency or a nonprofit corporation or organization with a
similar agency, or corporation or association, domiciled in and
organized under laws of a foreign country, where a principal purpose
of the agreement is to encourage the exchange of students with the
view of enhancing international good will and understanding. The
trustees shall, in each instance, determine whether the conditions
for this exemption from fees exist and may prescribe appropriate
procedures to be complied with in obtaining the exemption.
(c) The trustees shall waive entirely the admission fee and rate
of tuition fixed under this section for a nonresident student who is
a United States citizen who resides in a foreign country, if that
nonresident meets all of the following requirements:
(1) Demonstrates a financial need for the exemption.
(2) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(3) Moved abroad as a result of the deportation or voluntary
departure specified in paragraph (2).
(4) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(5) Attended a public or private secondary school, as described in
Sections 52 and 53, in the state for three or more years. The
student shall provide documents that demonstrate his or her secondary
school attendance.
(6) Upon enrollment, will be in his or her first academic year as
a matriculated student in California public higher education, as that
term is defined in subdivision (a) of Section 66010, will be living
in California, and will file an affidavit with the institution
stating that he or she intends to establish residency in California
as soon as possible.
SEC. 4. The Legislature requests the Regents of the University of
California to enact regulations and procedures that exempt from
nonresident tuition students of that university who meet the
requirements applicable to students of the California Community
Colleges and the California State University, respectively, in
paragraph (4) of subdivision (a) of Section 76140, and subdivision
(c) of Section 89705, of the Education Code.
SEC. 5. Section 2.5 of this bill incorporates amendments to
Section 76140 of the Education Code proposed by both this bill and
Senate Bill 150. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 76140 of the Education Code, and (3) this bill is
enacted after Senate Bill 150, in which case Section 2 of this bill
shall not become operative.
SEC. 6. 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.
