AB 27: Public postsecondary education: exemption from nonresident tuition.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-05-07
Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges.
Existing law exempts a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from paying nonresident tuition for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a resident.
Existing law also exempts a student meeting the qualifications described above if he or she is enrolled, or intending to enroll, at a campus of the California Community Colleges or as an undergraduate at a campus of the California State University from paying nonresident tuition for up to one year if he or she files an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. Existing law requires a student to use this exemption within 2 years of being discharged.
Existing law requires the California Community Colleges and the California State University, and requests the University of California, to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 and the requirements of the provisions described above.
This bill would require or request, as applicable, that the policies of each segment of public postsecondary education be updated and adopted to also ensure continued participation in GI Bill education benefits, as defined.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges.
Existing law exempts a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from paying nonresident tuition for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a resident.
Existing law also exempts a student meeting the qualifications described above if he or she is enrolled, or intending to enroll, at a campus of the California Community Colleges or as an undergraduate at a campus of the California State University from paying nonresident tuition for up to one year if he or she files an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. Existing law requires a student to use this exemption within 2 years of being discharged.
Existing law requires the California Community Colleges and the California State University, and requests the University of California, to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 and the requirements of the provisions described above.
Existing law prohibits a former member of the Armed Forces who received a dishonorable or bad conduct discharge from receiving an exemption from paying nonresident tuition under either of the provisions described above.
Existing law provides that the statutory provisions relating to student residency requirements for public postsecondary education apply to the University of California only to the extent that the regents act, by resolution, to make these provisions applicable.
The bill would require the California State University, and would request the University of California, to exempt from paying nonresident tuition a student or prospective student of their respective segments who is using, or is intending to use, GI Bill education benefits, as defined, while enrolled as a student of that segment.
This bill would require or request, as applicable, that the policies of each segment of public postsecondary education be updated and adopted to also ensure continued participation in GI Bill education benefits, as defined.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges.
Existing law exempts a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from paying nonresident tuition for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a resident.
Existing law also exempts a student meeting the qualifications described above if he or she is enrolled, or intending to enroll, at a campus of the California Community Colleges or as an undergraduate at a campus of the California State University from paying nonresident tuition for up to one year if he or she files an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. Existing law requires a student to use this exemption within 2 years of being discharged.
Existing law requires the California Community Colleges and the California State University, and requests the University of California, to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 and the requirements of the provisions described above.
Existing law prohibits a former member of the Armed Forces who received a dishonorable or bad conduct discharge from receiving an exemption from paying nonresident tuition under either of the provisions described above.
Existing law provides that the statutory provisions relating to student residency requirements for public postsecondary education apply to the University of California only to the extent that the regents act, by resolution, to make these provisions applicable.
The bill would require the California State University, and would request the University of California, to exempt from paying nonresident tuition a student or prospective student of their respective segments who is using, or is intending to use, GI Bill education benefits, as defined, while enrolled as a student of that segment.
(a)Except as provided for in subdivisions (c) and (d), a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident.
(b)(1)Except as provided for in subdivisions (c) and (d), a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible.
(2)The one-year exemption provided in paragraph (1) shall be used by the student within two years of being discharged.
(c)(1)Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure continued participation in GI bill education benefits, and to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section.
(2)As used in this subdivision, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with eligible for those benefits because of a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a student of that segment.
(d)A former member of the Armed Forces of the United States who received a dishonorable or bad conduct discharge shall not be eligible for an exemption pursuant to this section.
SEC. 2.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 to ensure the states compliance with new federal requirements to avoid the loss of federal educational assistance, it is necessary that this act take effect immediately.
(a)Except as provided for in subdivisions (b), (c), (d), and (e), (c) and (d), a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident.
(b)(1)Except as provided for in subdivisions (c), (d), and (e), (c) and (d), a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible.
(2)The one-year exemption provided in paragraph (1) shall be used by the student within two years of being discharged.
(c)(1)Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure continued participation in GI bill education benefits, and to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section.
(d)(1)Notwithstanding any other law, the California State University shall, and the University of California is requested to, exempt from paying nonresident tuition a student or prospective student of their respective segments who is using, or is intending to use, GI Bill education benefits while enrolled as a student of that segment.
(2)As used in this subdivision, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a student of that segment.
(e)
(d)A former member of the Armed Forces of the United States who received a dishonorable or bad conduct discharge shall not be eligible for an exemption pursuant to this section.
SEC. 2.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 to ensure the states compliance with new federal requirements to avoid the loss of federal educational assistance, it is necessary that this act take effect immediately.
(a)Except as provided for in subdivisions (b), (c), and (d), (d), and (e), a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident.
(b)(1)Except as provided for in subdivisions (c) and (d), (c), (d), and (e), a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible.
(2)The one-year exemption provided in paragraph (1) shall be used by the student within two years of being discharged.
(c)Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section.
(d)(1)Notwithstanding any other law, the California State University shall, and the University of California is requested to, exempt from paying nonresident tuition a student or prospective student of their respective segments who is using, or is intending to use, GI Bill education benefits while enrolled as a student of that segment.
(2)As used in this subdivision, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a student of that segment.
(d)
(e)A former member of the Armed Forces of the United States who received a dishonorable or bad conduct discharge shall not be eligible for an exemption pursuant to this section.
|
Date
|
Status
|
|---|---|
| Dec 1, 2014 | Read first time. To print. |
| Dec 2, 2014 | From printer. May be heard in committee January 1. |
| Jan 16, 2015 | Referred to Com. on HIGHER ED. |
| Mar 3, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on V.A. (Ayes 13. Noes 0.) (March 3). |
| Mar 4, 2015 | Read second time and amended. |
| Mar 5, 2015 | Re-referred to Com. on V.A. |
| Mar 11, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 10). Re-referred to Com. on APPR. |
| Mar 25, 2015 | From committee: Do pass. Ordered to Consent Calendar. (Ayes 16. Noes 0.) (March 25). |
| Mar 25, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (March 25). |
| Mar 26, 2015 | Read second time. Ordered to consent calendar. |
| Apr 9, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 9, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 855.). |
| Apr 9, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 78. Noes 0.). |
| May 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 7, 2015 | Referred to Com. on ED. |
| Jun 22, 2015 | In committee: Hearing postponed by committee. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 9, 2015 | AB 27 CHÁVEZ Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Mar 25, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 10, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Mar 3, 2015 | Do pass as amended and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Amvets, Department Of California | * Indeterminate | Mar 3, 2015 |
| California Community Colleges, Chancellor's Office | ** Support | Mar 3, 2015 |
AB 27
Page 2
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 27
(Chávez) – As Amended March 4, 2015
Policy Committee: |
Higher Education |
Vote: |
13 - 0 |
|
Veterans Affairs |
|
9 - 0 |
|
|
|
|
Urgency: Yes State Mandated Local Program: No Reimbursable: Yes
SUMMARY:
This bill requires the state's public postsecondary educational institutions to exempt qualifying nonresident veterans from nonresident tuition and fee charges, in conformance with federal law. Specifically, this bill:
Requires the California Community Colleges (CCC) and the California State University (CSU), and requests the University of California (UC), by July 1, 2015, to adopt tuition policies ensuring participation of eligible veterans and their dependents in GI Bill education benefits and providing conformity with the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act").
FISCAL EFFECT:
According to the US Department of Veterans Affairs (VA), any postsecondary institution lacking conformity with the Choice Act by July1, 2015 will be ineligible for payment of any GI Bill benefits, including those associated with resident veterans. To illustrate the potential loss of this federal revenue to the segments for failing to conform with the federal law, according to information provided by the California Department of Veterans Affairs (Cal-Vet), in 2013-14, the CCC received $16.7 million in payments, for 27,704 student veterans, under the Post-9/11 GI Bill. Similarly, CSU received $26.1 million (for 6,255 students) and UC received $25.2 million (for 1,936 students). There would be additional, but much smaller revenue losses associated with students participating in other GI Bill programs.
COMMENTS:
Background and Purpose. The VA administers the GI Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill provides for in-state tuition and fees at public institutions. The federal Choice Act (2014), in part requires public institutions to provide in-state tuition regardless of the residency status of specified veterans and their eligible dependents in order for the institution to remain eligible to receive GI Bill education payments.
In response to the enactment of the Choice Act, AB 13 (Conway)/Chapter 639 of 2014, required the state's segments of higher education to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act. The Choice Act in essence requires that public institutions either comply with the nonresident tuition/fee waiver or discontinue participation in the GI Bill educational benefits programs. Since AB 13 did not explicitly require policies to ensure continued participation in GI Bill educational benefit programs, a segment could arguably conform to AB 13 through discontinuing participation in the federal program. Though such an outcome is extremely unlikely, AB 27 provides clarification that the segments' policies are to ensure continued participation of both resident and non-resident veterans who are eligible for GI Bill benefits. Given the pending July 1, 2015 deadline for conformity, AB 27 is an urgency measure.
Segment Actions. The UC Regents were scheduled to consider an action to adopt a policy conforming to the Choice Act and consistent with AB 27 at their March meeting. Though it intends to comply with the Choice Act, CSU has not yet outlined a plan to achieve compliance. The CCC maintains that it requires a statutory change in order to implement the Choice Act requirements.
Related Legislation. AB 13 (Chavez), also on today's committee agenda, exempts from CCC non-resident student fees those veterans covered under the Choice Act, and authorizes community colleges to claim state apportionment funding for these students.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 27
Page 3
Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB 27
(Chávez) – As Amended March 4, 2015
SUBJECT:
Public postsecondary education: exemption from nonresident tuition
SUMMARY:
Requires the California State University (CSU), and requests the University of California (UC) to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CSU or UC. This bill defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CSU or UC student. It contains an urgency clause.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires California Community College (CCC) districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
FISCAL EFFECT:
Unknown at this time.
COMMENTS:
This bill is coming to the Veterans Affairs Committee after first receiving a hearing in the Higher Education Committee. Rather than focus on the issues pertaining to the Higher Education aspects of this bill, for those issues have been expertly analyzed in the Higher Education analysis, this analysis will narrow in focus to the Veterans Affairs aspects of this bill.
On signing the GI Bill in 1944, then President Franklin Roosevelt said:
This bill, which I have signed today… gives servicemen and women the opportunity of resuming their education or technical training after discharge, or of taking a refresher or retrainer course, not only without tuition charge up to $500 per school year, but with the right to receive a monthly living allowance while pursuing their studies…
With the signing of this bill a well-rounded program of special veterans' benefits is nearly completed. It gives emphatic notice to the men and women in our armed forces that the American people do not intend to let them down.
…This bill therefore and the former legislation provide the special benefits which are due to the members of our armed forces -- for they "have been compelled to make greater economic sacrifice and every other kind of sacrifice than the rest of us, and are entitled to definite action to help take care of their special problems." While further study and experience may suggest some changes and improvements, the Congress is to be congratulated on the prompt action it has taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country has been in a protracted military conflict. Many of the men and women who have served in the armed forces interrupted their civilian lives to serve and sacrifice for the country and are now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part a nation of mobile people, most Americans own cars, and air and rail travel is relatively accessible and affordable. Air and rail travel are well-developed and sophisticated, it is quite possible to fly from Sacramento, California to Sydney, Australia in less than 24 hours. We travel, we move, and often our families are spread across the country. The kind of work and jobs, indeed some entire large industries, are very different today than they were back then. And, reviewing the $500 tuition benefit in the GI Bill of 1944, the price of things has certainly changed. For example, estimated tuition and fees at the University of California system for 2015-16 are $14,500 for residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC resident amount, but not anything more than that for a non-resident GI Bill student. For many, this additional amount is cost-prohibitive. California has several state laws that permit some non-resident GI Bill students to receive the resident rate. The Choice Act takes the step of saying that, in general, schools that wish to continue receiving any GI Bill benefits must no longer charge any GI Bill student non-resident tuition if that student enrolls within three years of discharge from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably, a segment could conform to …[the Choice Act] through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance."
Purpose of this bill. According to the Author, currently the Education Code does not include a waiver to reduce tuition for nonresidents who attend college using G.I. Bill education benefits. If the segments do not comply with the requirements of the Choice Act, not only will they be barred from accepting new students using G.I. Bill educational benefits, but current students will lose their veterans tuition and housing assistance.
According to the Committee on Higher Education:
UC and CSU compliance. UC indicates that it is prepared to admit veterans and their dependents per the new federal law by the July 1, 2015 Choice Act deadline. UC reports that it is on track to identify and document eligibility for new exemptions; and has been fielding inquiries from non-resident undergraduate applicants who have any indication of a link to the military and is reviewing applicants for eligibility under the terms of the federal law. UC has also updated its webpage to reflect the new eligibility for veterans under the Choice Act. Committee staff understands that CSU intends to comply with the requirements of the Choice Act. However, CSU has not yet formally outlined how the segment plans to achieve compliance.
From the veterans affairs perspective, regardless of whether there is disagreement or clarity about the state of the existing state law and whether this bill is legally essential for the CSU and UC to comply, the scenario contemplated by the author should be avoided. Unless we as a state intend to maintain our current cost structure at the consequence of loss of GI Bill benefits for current and future students, this bill does no harm and resolves any risk that the CSU and UC might want to comply but lack the legal authority under California law to do so.
Related legislation. AB 13 (Chávez) requires a CCC to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CCC and provides that these students may be reported as full-time equivalent students for purposes of state apportionment. AB 13 is pending before the Assembly Higher Education Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees, AFL-CIO
Associated Students of Humboldt State University
Opposition
None on File.
Analysis Prepared by:
John Spangler / V.A. / (916) 319-3550
AB 27
Page 3
Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB 27
(Chávez) – As Amended March 4, 2015
SUBJECT:
Public postsecondary education: exemption from nonresident tuition
SUMMARY:
Requires the California State University (CSU), and requests the University of California (UC) to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CSU or UC. This bill defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CSU or UC student. It contains an urgency clause.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires California Community College (CCC) districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
FISCAL EFFECT:
Unknown at this time.
COMMENTS:
This bill is coming to the Veterans Affairs Committee after first receiving a hearing in the Higher Education Committee. Rather than focus on the issues pertaining to the Higher Education aspects of this bill, for those issues have been expertly analyzed in the Higher Education analysis, this analysis will narrow in focus to the Veterans Affairs aspects of this bill.
On signing the GI Bill in 1944, then President Franklin Roosevelt said:
This bill, which I have signed today… gives servicemen and women the opportunity of resuming their education or technical training after discharge, or of taking a refresher or retrainer course, not only without tuition charge up to $500 per school year, but with the right to receive a monthly living allowance while pursuing their studies…
With the signing of this bill a well-rounded program of special veterans' benefits is nearly completed. It gives emphatic notice to the men and women in our armed forces that the American people do not intend to let them down.
…This bill therefore and the former legislation provide the special benefits which are due to the members of our armed forces -- for they "have been compelled to make greater economic sacrifice and every other kind of sacrifice than the rest of us, and are entitled to definite action to help take care of their special problems." While further study and experience may suggest some changes and improvements, the Congress is to be congratulated on the prompt action it has taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country has been in a protracted military conflict. Many of the men and women who have served in the armed forces interrupted their civilian lives to serve and sacrifice for the country and are now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part a nation of mobile people, most Americans own cars, and air and rail travel is relatively accessible and affordable. Air and rail travel are well-developed and sophisticated, it is quite possible to fly from Sacramento, California to Sydney, Australia in less than 24 hours. We travel, we move, and often our families are spread across the country. The kind of work and jobs, indeed some entire large industries, are very different today than they were back then. And, reviewing the $500 tuition benefit in the GI Bill of 1944, the price of things has certainly changed. For example, estimated tuition and fees at the University of California system for 2015-16 are $14,500 for residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC resident amount, but not anything more than that for a non-resident GI Bill student. For many, this additional amount is cost-prohibitive. California has several state laws that permit some non-resident GI Bill students to receive the resident rate. The Choice Act takes the step of saying that, in general, schools that wish to continue receiving any GI Bill benefits must no longer charge any GI Bill student non-resident tuition if that student enrolls within three years of discharge from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably, a segment could conform to …[the Choice Act] through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance."
Purpose of this bill. According to the Author, currently the Education Code does not include a waiver to reduce tuition for nonresidents who attend college using G.I. Bill education benefits. If the segments do not comply with the requirements of the Choice Act, not only will they be barred from accepting new students using G.I. Bill educational benefits, but current students will lose their veterans tuition and housing assistance.
According to the Committee on Higher Education:
UC and CSU compliance. UC indicates that it is prepared to admit veterans and their dependents per the new federal law by the July 1, 2015 Choice Act deadline. UC reports that it is on track to identify and document eligibility for new exemptions; and has been fielding inquiries from non-resident undergraduate applicants who have any indication of a link to the military and is reviewing applicants for eligibility under the terms of the federal law. UC has also updated its webpage to reflect the new eligibility for veterans under the Choice Act. Committee staff understands that CSU intends to comply with the requirements of the Choice Act. However, CSU has not yet formally outlined how the segment plans to achieve compliance.
From the veterans affairs perspective, regardless of whether there is disagreement or clarity about the state of the existing state law and whether this bill is legally essential for the CSU and UC to comply, the scenario contemplated by the author should be avoided. Unless we as a state intend to maintain our current cost structure at the consequence of loss of GI Bill benefits for current and future students, this bill does no harm and resolves any risk that the CSU and UC might want to comply but lack the legal authority under California law to do so.
Related legislation. AB 13 (Chávez) requires a CCC to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CCC and provides that these students may be reported as full-time equivalent students for purposes of state apportionment. AB 13 is pending before the Assembly Higher Education Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees, AFL-CIO
Associated Students of Humboldt State University
Opposition
None on File.
Analysis Prepared by:
John Spangler / V.A. / (916) 319-3550
AB 27
Page 3
Date of Hearing: March 3, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Medina, Chair
AB 27
(Chávez) – As Introduced December 1, 2014
SUBJECT:
Public postsecondary education: exemption from nonresident tuition
SUMMARY:
Requires the California State University (CSU), and requests the University of California (UC) to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CSU or UC. Defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CSU or UC student.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires California Community College (CCC) districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
FISCAL EFFECT:
Unknown.
COMMENTS: Background.
The U.S Department of Veterans Affairs (VA) administers the federal G.I. Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill specifically states that it will pay all public school in-state tuition and fees. On August 7, 2014, President Obama signed the Choice Act. Among the numerous provisions, the law requires public institutions to provide in-state tuition to specified veterans and eligible dependents in order for the institution to remain eligible to receive G.I. Bill education payments. The following “covered individuals” are eligible for in-state tuition under the Choice Act:
A veteran who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of discharge from a period of active duty service of 90 days or more.
A spouse or child using transferred benefits who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the servicemember’s death in the line of duty following a period of active duty service of 90 days or more.
California response. In response to the enactment of the Choice Act, AB 13 (Conway), Chapter 639, Statutes of 2014, required CSU and CCC districts, and requested UC to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act and the requirements of California law. The Choice Act requires that public institutions either comply with the nonresident tuition/fee waiver or discontinue participation in the GI Bill educational benefits programs. AB 13 (Conway, 2014) did not explicitly require that the segments adopt policies that ensure continued participation in GI Bill educational benefit programs. Arguably, a segment could conform to AB 13 through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance.
Purpose of this bill. According to the Author, currently the Education Code does not include a waiver to reduce tuition for nonresidents who attend college using G.I. Bill education benefits. If the segments do not comply with the requirements of the Choice Act, not only will they be barred from accepting new students using G.I. Bill educational benefits, but current students will lose their veterans tuition and housing assistance.
UC and CSU compliance. UC indicates that it is prepared to admit veterans and their dependents per the new federal law by the July 1, 2015 Choice Act deadline. UC reports that it is on track to identify and document eligibility for new exemptions; and has been fielding inquiries from non-resident undergraduate applicants who have any indication of a link to the military and is reviewing applicants for eligibility under the terms of the federal law. UC has also updated its webpage to reflect the new eligibility for veterans under the Choice Act. Committee staff understands that CSU intends to comply with the requirements of the Choice Act. However, CSU has not yet formally outlined how the segment plans to achieve compliance.
Federal waiver. According to information provided by the VA, the VA is in the process of developing waiver criteria for States that are actively pursuing changes to comply with the requirements of the Choice Act. More information regarding the waiver criteria is expected to be released in the coming weeks and will be included in a regulation published in the Federal Register.
Related legislation. AB 13 (Chávez) requires a CCC to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CCC and provides that these students may be reported as full-time equivalent students for purposes of state apportionment. AB 13 is pending before the Assembly Higher Education Committee.
Recommended amendments. The Committee may wish to consider the following amendments:
To provide for consistency with the benefit required pursuant to the Choice Act, the Committee may wish to amend Page 3, to strike lines 19–24, and amend lines 11–18, to read:
(c) (1) Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure continued participation in GI Bill educational benefits programs, and conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section.
To allow for the nonresident tuition exemption authorized by this bill to be in effect as soon as possible, the Author has requested to add an urgency clause so that the provisions take effect immediately upon the bill being chaptered.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference, Inc.
California Community Colleges, Chancellor's Office
Opposition
None on File
Analysis Prepared by:
Laura Metune/HIGHER ED./(916) 319-3960
Discussed in Hearing
Assembly Standing Committee on Higher Education
Bill Author
Bill Co-Author(s):