Bill Text: CA AB1207 | 2009-2010 | Regular Session | Amended
Bill Title: Exemption from nonresident student tuition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1207 Detail]
Download: California-2009-AB1207-Amended.html
BILL NUMBER: AB 1207 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Logue
FEBRUARY 27, 2009
An act to repeal amend Section
68130.5 of the Education Code, relating to student tuition.
LEGISLATIVE COUNSEL'S DIGEST
AB 1207, as amended, Logue. Exemption from nonresident student
tuition.
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 certain
requirements are met. Those requirements include that the person has
attended high school in California for 3 or more years, has graduated
from a California high school or has attained the equivalent
thereof, has registered at or attends an accredited institution of
higher education in California not earlier than the fall semester or
quarter of the 2001-02 academic year, and, if the person is without
lawful immigration status, has filed a certain affidavit. Existing
law authorizes a community college district, for apportionment
purposes, to report a student who is exempt from nonresident tuition
under these provisions as a full-time student.
This bill would repeal these provisions.
This bill would require a person who otherwise meets the existing
eligibility requirements for resident tuition, but who is without
lawful immigration status, to pay nonresident tuition until he or she
obtains lawful immigration status.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68130.5 of the
Education Code is amended to read:
68130.5. Notwithstanding any other provision of law:
(a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
(1) High school attendance in California for three or more years.
(2) Graduation from a California high school or attainment of the
equivalent thereof.
(3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
(4) In the case of a person
(b) A person who otherwise meets the
requirements of subdivision (a) who is without lawful
immigration status , the filing of an affidavit with the
institution of higher education stating that the student has filed an
application to legalize his or her immigration status, or will file
an application as soon as he or she is eligible to do so
shall pay nonresident tuition until he or she obtains
lawful immigration status .
(b)
(c) A student exempt from nonresident tuition under
this section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
(c)
(d) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall
prescribe rules and regulations for the implementation of this
section.
(d)
(e) Student information obtained in the implementation
of this section is confidential.
SECTION 1. Section 68130.5 of the Education
Code is repealed.
