Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2136


Introduced by Assembly Member Mayes

begin insert

(Coauthor: Assembly Member Olsen)

end insert

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.

begin delete

This bill would delete the exception from this provision made for nonimmigrant aliens, as defined. The bill would therefore make nonimmigrant aliens

end delete

begin insertNotwithstanding 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 remainend insert eligible for the exemption from nonresident tuitionbegin delete made by this provisionend delete if the nonimmigrantbegin delete aliens meet its requirements.end deletebegin insert alien met the requirements for the exemption from nonresident tuition as a dependent of an individual with an E-2 nonimmigrant classificationend insertbegin insert as long as the student remains continuously enrolled, irrespective of any change in the student’s visa or immigration status.end insert

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:

P2    1

SECTION 1.  

Section 68130.5 of the Education Code is
2amended to read:

3

68130.5.  

Notwithstanding any other law:

4(a) Abegin delete studentend deletebegin insert student, other than a nonimmigrant alien within
5the meaning of paragraph (15) of subsection (a) of Section 1101
6of Title 8 of the United States Code,end insert
who meets all of the following
7requirements shall be exempt from paying nonresident tuition at
8the California State University and the California Community
9Colleges:

10(1) Satisfaction of either of the following:

11(A) High school attendance in California for three or more years.

12(B) Attainment of credits earned in California from a California
13high school equivalent to three or more years of full-time high
14school coursework and a total of three or more years of attendance
15in California elementary schools, California secondary schools,
16or a combination of those schools.

17(2) Graduation from a California high school or attainment of
18the equivalent thereof.

P3    1(3) Registration as an entering student at, or current enrollment
2at, an accredited institution of higher education in California not
3earlier than the fall semester or quarter of the 2001-02 academic
4year.

5(4) In the case of a person without lawful immigration status,
6the filing of an affidavit with the institution of higher education
7stating that the student has filed an application to legalize his or
8her immigration status, or will file an application as soon as he or
9she is eligible to do so.

10(b) A student who is exempt from nonresident tuition under this
11section may be reported by a community college district as a
12full-time equivalent student for apportionment purposes.

13(c) The Board of Governors of the California Community
14Colleges and the Trustees of the California State University shall
15prescribe rules and regulations for the implementation of this
16section.

17(d) Student information obtained in the implementation of this
18section is confidential.

begin insert

19
(e) Notwithstanding the exclusion of nonimmigrant aliens from
20the exemption from paying nonresident tuition specified in
21subdivision (a), any student enrolled at the California State
22University or the California Community Colleges who met the
23requirements of subdivision (a) as a dependent of an individual
24with an E-2 nonimmigrant classification shall remain exempt from
25paying nonresident tuition as long as the student remains
26continuously enrolled, irrespective of any change in the student’s
27visa or immigration status.

end insert
28

SEC. 2.  

The Regents of the University of California are
29requested to enact exemptions from requirements to pay
30nonresident tuition for its students that are equivalent to those
31applicable to students of the California Community Colleges and
32the California State University pursuant to Section 68130.5 of the
33Education Code, as amended pursuant to this act.

34

SEC. 3.  

If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.



O

    98