Article 3. General Provisions of California Education Code >> Division 5. >> Title 3. >> Part 40. >> Chapter 2. >> Article 3.
(a) It is hereby declared to be the policy of the
Legislature that all resident applicants to California institutions
of public higher education, who are determined to be qualified by law
or by admission standards established by the respective governing
boards, should be admitted to either (1) a district of the California
Community Colleges, in accordance with Section 76000, (2) the
California State University, or (3) the University of California.
(b) As used in this part, "governing boards" means the local
boards of trustees and the Board of Governors of the California
Community Colleges, the Trustees of the California State University,
and the Regents of the University of California.
It is hereby declared to be the intent of the Legislature
that the fixed master plan approach in the development of public
postsecondary education be replaced by a continuous planning process
which includes:
(a) A legislative study of California postsecondary education at
10-year intervals to reevaluate the planning process and provide
guidelines regarding goals, societal needs and general missions of
public higher education and its components.
(b) Continuous planning by a state commission including a
five-year plan which is to be updated annually.
Each segment of public higher education shall strive for
excellence in its sphere, as assigned in this part.
The provisions of this part shall supersede the provisions
of any other law which conflict with the provisions of this part.
(a) The California State University shall, and the
University of California is requested to, publicly provide labor
market outcome information relating to the graduates of their
undergraduate programs. The California State University and the
University of California may publicly provide labor market outcome
information relating to the graduates of their graduate programs.
This information shall include, but not necessarily be limited to,
salary data, and the percentage distribution of graduates, classified
by industry.
(b) The information required by this section shall be provided
using data including, but not necessarily limited to, information
provided by the Employment Development Department pursuant to Section
1095 of the Unemployment Insurance Code and the segments' own
databases. The information shall be presented in accordance with all
of the following requirements:
(1) The data shall be presented in terms of easily understood
labor market measures, such as median annual wage.
(2) The data shall be aggregated to the systemwide level and by
particular areas of study.
(3) Labor market outcome data for each category shall, at a
minimum, provide data relating to graduates one or two years, and
five years, after their graduation. The Legislature encourages the
California State University and the University of California to
additionally provide labor market outcome data for periods longer
than five years after graduation.
(4) In the collection and publication of data pursuant to this
section, the segments shall adhere to all pertinent state and federal
privacy laws.
(c) The information required by this section shall be made
publicly available through publication on the Internet Web sites of
the respective segments, and shall be updated no later than June 1 of
each year.
(a) It is the intent of the Legislature to recognize the
role of independent, regionally accredited postsecondary education in
California postsecondary education. Statewide planning, policy
coordination, and review of postsecondary education shall include
attention to the contributions of the independent institutions in
meeting the state's goals of access, quality, educational equity,
economic development, and student aid.
(b) The Legislature hereby finds and declares that there is a need
of providing students with economic and academic freedom of choice
in selecting a college or university they wish to attend. The
Legislature further finds that an important means of meeting this
need is through offering financial assistance to students who wish to
attend public or independent colleges and universities and who have
demonstrated financial need.
(a) For purposes of this section, the following terms have
the following meanings:
(1) "Institutional accreditation documents" means the institution'
s institutional accreditation visiting team reports and the
institutional accreditation agency action letters following an
accreditation agency's action relating to an initial accreditation,
reaffirmation, comprehensive review, special visit, or any sanction
or adverse action taken against an affiliated institution.
(2) "Segment of postsecondary education" means the California
Community Colleges, the California State University, the University
of California, the independent institutions of higher education, as
defined in Section 66010, or the private postsecondary educational
institutions, as defined in Section 94858.
(b) All campuses or other units of any segment of postsecondary
education that receive public funding through state or federal
financial aid programs, are institutionally accredited by an
accrediting agency recognized by the United States Department of
Education, and offer education and training programs to California
students shall make final institutional accreditation documents
available to the public, once those documents have been made final
through an action of the accrediting agency, via display in a
prominent location on the institution's Internet Web site, with a
link to these documents on the institutional Internet Web site
homepage.
(c) A campus or other unit of any segment of postsecondary
education whose documents are not currently available to the public
shall make all institutional accreditation documents finalized by the
accrediting agency based on reviews that take place after July 1,
2015, available to the public pursuant to subdivision (b).
It is the intent of the Governor and the Legislature, in
cooperation with the Trustees of the California State University, to
do both of the following:
(a) Place a major priority on resolving the serious problem of
impacted and overcrowded classes, not only with respect to the
California State University, but throughout public postsecondary
education.
(b) Ensure that needy students receive financial aid sufficient to
cover the cost of fee increases for each academic year.
The Legislature finds and declares all of the following:
(a) The 1986 Report on Lower Division Education at the University
of California stated that "lower division (education) is something of
a neglected child..." and suggested steps for improving the quality
of teaching and academic support services.
(b) In 1991, the "Universitywide Task Force on Faculty Rewards
Report" resulted in the adoption of policies to provide a greater
emphasis on teaching. Policy revisions included broadening the range
of evidence used in evaluation of teaching, peer review of teaching,
and promotion policies that recognize great distinction in teaching
as well as scholarship.
(c) In 1992, the University of California issued a number of
"Presidential Initiatives to Protect and Improve Undergraduate
Education."
(d) The Legislature, in the Supplemental Report of the 1992 Budget
Act, declared its intent that University of California faculty alter
the distribution of their workload by:
(1) Increasing the number of courses and sections offered that are
required for normal progress toward a baccalaureate degree.
(2) Increasing the number of freshman and sophomore seminars.
(3) Increasing opportunities for undergraduate research.
(4) Reducing the size of classes when desirable.
These measures were expected to result in an increase in the
average teaching load of one additional course every one to three
years.
(e) The report entitled "Initiatives to Improve Undergraduate
Education," prepared by the University of California in response to
the 1992 Budget Act, is a commendable effort.
(a) It is the intent of the Legislature that quality
classroom instruction be continually improved and that courses
required for normal progress to a baccalaureate degree be provided in
sufficient numbers.
(b) It is the further intent of the Legislature that where
necessary the average teaching responsibilities of tenured and tenure
track faculty be sufficiently increased to meet the goals described
in this section.
(a) In order to maintain and strengthen the high quality
of international education in California, the Legislature encourages
all public and private institutions of higher education to further
develop, as their resources permit, programs that support learning
about other cultures, global issues, and the exchange of Californians
and international students and scholars.
(b) For California students and scholars, institutions are
encouraged, as resources permit, to accomplish all of the following:
(1) Develop courses of study in as many fields as possible to
increase students' understanding of global issues and cultural
differences.
(2) Offer courses in languages other than English to train
students to communicate effectively in other cultures and to enhance
their understanding of other nations' values.
(3) Provide opportunities for students in all majors to
participate in study abroad programs to enrich their academic
training, perspectives, and personal development.
(4) Provide opportunities for domestic and international students
to interact effectively and routinely share their views, perceptions,
and experiences in educational settings.
(5) Develop innovative public educational forums and venues to
explore global issues and showcase world cultures.
(c) For international students and scholars, institutions are
encouraged, as resources permit, to accomplish all of the following:
(1) Encourage the presence of qualified students from other
countries with sufficient geographic diversity to inspire an
appreciation for differences among cultures and a deeper
understanding of the values and perspectives of other people.
(2) Facilitate faculty exchange and collaborative partnership
programs with institutions in other countries.
(3) Initiate collaborative research undertakings to address issues
of global significance.
(4) Recruit and retain the world's best and brightest faculty to
educate California's students as globally competent citizens.
(a) The University of California is requested to annually
notify the governing board of each high school of both of the
following:
(1) The number of graduates who enrolled in the university in the
previous year and the number of graduates who were required to take
the entry level writing requirement.
(2) The comparable numbers of all California high school graduates
who enrolled in the university.
(b) The University of California is requested to provide an annual
summary of the information specified in subdivision (a) to the
Department of Finance and the Joint Legislative Budget Committee.
(a) It is the intent of the Legislature that the
California State University assess and report the entry-level
proficiency of all first-time freshmen. On or before December 15 of
each year, the California State University shall submit a preliminary
report by each campus in the system that includes all of the
following information:
(1) The total number of regularly admitted and specially admitted
first-time freshmen.
(2) The proportion of regularly admitted and specially admitted
first-time freshmen that are exempt from entry-level proficiency
exams.
(3) The proportion of regularly admitted and specially admitted
first-time freshmen that become exempt through each of the approved
alternatives.
(4) The entry-level proficiency exam pass rates of regularly
admitted and specially admitted first-time freshmen.
(b) The California State University shall submit a final report to
the Legislature on or before February 1 of each year.
It is the intent of the Legislature that opportunities for
participation in intercollegiate athletic programs in the community
colleges, in the campuses of the California State University, and in
the campuses of the University of California be provided on as equal
a basis as is practicable to male and female students.
The costs of providing these equal opportunities may vary
according to the type of sports contained within the respective men's
and women's athletic programs. Therefore it is also the intent of
the Legislature that additional sources of revenue should be
determined to provide additional funds for these equal opportunity
programs.
(a) Any student, including a person without lawful
immigration status, or a person who is exempt from nonresident
tuition pursuant to Section 68130.5, may serve in any capacity in
student government at the California State University or the
California Community Colleges and receive any grant, scholarship, fee
waiver, or reimbursement for expenses incurred connected with that
service to the full extent consistent with federal law.
(b) The University of California is requested to comply with this
section.
(c) The Legislature finds and declares this section is a state law
within the meaning of subsection (d) of Section 1621 of the United
States Code.
If a state court finds that Section 66016.3, or any
similar provision adopted by the Regents of the University of
California, is unlawful, the court may order, as equitable relief,
that the administering entity that is the subject of the lawsuit
terminate any waiver awarded under that statute or provision, but no
money damages, tuition refund or waiver, or other retroactive relief
may be awarded. In any action in which the court finds that Section
66016.3, or any similar provision adopted by the Regents of the
University of California, is unlawful, the California Community
Colleges, the California State University, and the University of
California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
The respective governing boards of the California Community
Colleges, the California State University, or the University of
California shall adopt appropriate procedures and designate
appropriate persons to take disciplinary action against any student,
member of the faculty, member of the support staff, or member of the
administration of the community college, state college, or state
university who, after a prompt hearing by a campus body, has been
found to have willfully disrupted the orderly operation of the
campus. Nothing in this section shall be construed to prohibit, where
an immediate suspension is required in order to protect lives or
property and to ensure the maintenance of order, interim suspension
pending a hearing; provided that a reasonable opportunity be afforded
the suspended person for a hearing within 10 days. The disciplinary
action may include, but need not be limited to, suspension,
dismissal, or expulsion. Sections 89538 to 89540, inclusive, shall be
applicable to any state university or college employee dismissed
pursuant to this section.
(a) A public postsecondary educational institution or
independent institution of higher education, or employee or student
thereof, that confines dogs or cats for the purposes set forth in
Section 1650 of the Health and Safety Code, if the institution
assesses the health of an animal and determines, after the completion
of any testing or research, that the animal is suitable for
adoption, the animal's destruction is not required, and the animal is
no longer needed, and if the institution's existing procedures for
adopting the animal do not result in an adoption, shall offer the
dogs or cats to an animal adoption organization or animal rescue
organization for adoption prior to euthanizing those animals. A
public postsecondary educational institution or independent
institution of higher education that is required to offer dogs or
cats to an animal adoption organization or animal rescue organization
under this section may enter into an agreement with an animal
adoption organization or animal rescue organization for the
implementation of this section.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Animal adoption organization" or "animal rescue organization"
means a not-for-profit entity that is exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code established for
purposes of rescuing animals in need and finding permanent, adoptive
homes for those animals and that maintain records pursuant to Section
32003 of the Food and Agriculture Code.
(2) "Independent institution of higher education" means a
nonpublic educational institution as defined in subdivision (b) of
Section 66010.
(3) "Public postsecondary educational institution" means any
campus of the University of California, the California State
University, or the California Community Colleges.
(c) This section does not apply to animals within the meaning of
Section 17006 of the Food and Agricultural Code.
Each institution of public higher education shall require
that all applications for any type of financial aid for students
shall disclose all taxable income and all nontaxable income.
(a) As used in this section, "college and university"
includes all institutions of public higher education and all
independent institutions of higher education.
(b) The Office of Privacy Protection in the Department of Consumer
Affairs shall establish a task force to conduct a review of the use
by all colleges and universities of social security numbers in order
to recommend practices to minimize the collection, use, storage, and
retention of social security numbers in relation to academic and
operational needs and applicable legal requirements.
(c) The task force shall be known as the "College and University
Social Security Number Task Force." The Office of Privacy Protection
shall determine the composition of the task force, which shall
include, but not be limited to, all of the following:
(1) Two representatives from each of the three institutions of
public higher education.
(2) Two representatives of the California Association of
Independent Colleges and Universities.
(3) Two representatives each from two organizations devoted to the
protection of personal privacy.
(4) One representative from a national organization devoted to the
management of information technology in higher education.
(5) One representative from the business community with expertise
in technological solutions to privacy concerns.
(6) One representative each from the Assembly Committee on
Judiciary and the Senate Committee on Judiciary.
(d) The task force shall seek input, as deemed necessary and
appropriate, from all of the following:
(1) Representatives of organizations with expertise in technical
policy and practices of Internet disclosure, privacy policy relevant
to Internet disclosure, and fostering public integrity and
accountability.
(2) The constituencies of the college and university communities,
including students, staff, and faculty.
(e) The task force shall review and make recommendations to
minimize the collection, use, storage, and retention of social
security numbers by California colleges and universities and shall
include, but not be limited to, all of the following:
(1) A survey of best practices at colleges and universities and
the costs of implementing those best practices.
(2) The necessary use and protection of social security numbers
for all of the following:
(A) Research purposes.
(B) Academic purposes, including, but not limited to, academic
research, admission, financial aid, and other related operational
uses.
(C) Operational uses by academic medical centers, including, but
not limited to, patient identification, tracking, and care.
(D) Business purposes, including, but not limited to, the
provision of employee benefits, tax purposes, loan programs, and
other requirements imposed by current state and federal statutes and
regulations.
(E) Another operational need of the college or university.
(3) Current personal privacy protections provided to students,
applicants, staff, and faculty of colleges and universities.
(4) Existing state and federal legal requirements, including
regulatory requirements, mandating the use of social security numbers
at colleges and universities.
(5) The possible use of personal identifiers or other substitutes
for social security numbers that protect personal information and
meet the operational needs of colleges and universities.
(6) The cost of funding any recommendations presented by the task
force, including those that are of minimal cost and can be
implemented immediately and those that require additional funding or
time to implement.
(f) The task force shall commence meetings no later than May 1,
2008.
(g) (1) On or before July 1, 2010, the task force shall submit a
final report of its findings and recommendations to the Office of
Privacy Protection, and to the Assembly Committee on Judiciary and
the Senate Committee on Judiciary.
(2) The final report shall also include a list of the existing
uses of social security numbers common among colleges and
universities for routine operations and compliance with state and
federal laws.
(3) The findings and recommendations of the task force shall be
informational only and shall not be binding on any college or
university.
(a) Each state university and college, when determining
eligibility for any state university or college educational
opportunity program, and each governing board of a community college
district, when determining eligibility for any community college
educational opportunity program, shall consider nontaxable income.
(b) The Regents of the University of California are requested to
provide that nontaxable income be considered in all determinations of
eligibility for any educational opportunity programs at the
University of California.
(a) It is the intent of the Legislature to encourage the
California Community Colleges, the California State University, and
the University of California to disseminate information to foster
care agencies regarding admissions requirements and financial aid.
(b) The Legislature requests the Regents of the University of
California and the Trustees of the California State University to
explore methods of using the admissions-by-exemption category to
assist the transition of students who are homeless youth or foster
youth into four-year public institutions of higher education.
(a) The Trustees of the California State University and the
Board of Governors of the California Community Colleges shall, and
the Regents of the University of California are requested to, work
with their respective colleges and universities to confer an honorary
degree upon each person, living or deceased, who was forced to leave
his or her studies at the public postsecondary educational
institution in which that person was enrolled as a result of the
issuance of federal Executive Order 9066 on February 19, 1942, which
caused the evacuation, relocation, and incarceration of individuals
of Japanese ancestry during World War II.
(b) In cases where an honorary degree is conferred upon a person
who is deceased, the person's surviving next of kin, or another
representative chosen by the person's surviving next of kin, may
accept the honorary degree on the deceased person's behalf.
(c) Independent colleges and universities, as defined in
subdivision (b) of Section 66010, are urged to comply with the terms
of this section.
(d) This section shall be implemented in a cost-effective manner
by incorporating, to the extent practicable, any ceremony for the
purpose of conferring honorary degrees with a previously scheduled
commencement or graduation activity.
(a) The Board of Governors of the California Community
Colleges, the Trustees of the California State University, and the
Student Aid Commission, including any auxiliary organization
established pursuant to Section 69522, shall, and the Regents of the
University of California are requested to, do all of the following:
(1) (A) Provide for live video and audio transmission of all
meetings, which are open to the public pursuant to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code),
through a technology that is accessible to as large a segment of the
public as possible, including, but not necessarily limited to, the
use of either of the following technologies:
(i) Cable, satellite, or any other type of transmission that can
be accessed through a television.
(ii) Web cast, in which case notice of meetings that are open to
the public and links to the Web cast shall be easily accessible via
each entity's Internet Web site.
(B) If the meeting described in subparagraph (A) is conducted from
more than one location at the same time, through a teleconference or
a similar technology, the live video transmission shall be provided
from at least one of the locations and the live audio transmission
shall be provided from all locations.
(2) Provide public notice before the meeting regarding which
location or locations the live video transmission will be provided
from pursuant to paragraph (1).
(3) Archive and post the video and audio transmissions recorded
pursuant to paragraph (1) on the entity's Internet Web site for at
least 12 months and within 48 hours following the initial
transmission.
(b) It is not a violation of this section if technical failures
prevent an entity from providing a live video or audio transmission,
or archiving or posting the video and audio transmission, so long as
the entity exercised reasonable diligence in making a live video or
audio transmission available and archiving and posting the video and
audio transmission.
It is the intent of the Legislature that the Budget Act for
each fiscal year provide sufficient funding for financial aid for
students with demonstrated financial need at the University of
California, the California State University, and the California
Community Colleges to offset increases in student charges at those
institutions. The Legislature intends that funds for increased
student financial aid be provided from sources other than student
fees.
(a) For purposes of this section "student" includes
undergraduate, graduate, and professional degree students.
(b) The California State University shall, and the University of
California is requested to, report annually to the Legislature on
their respective institutional financial aid programs. The California
State University shall, and the University of California is
requested, to provide preliminary reports on or before January 10 of
each year, and final reports on or before March 31 of each year.
(c) The preliminary reports shall include all of the following:
(1) A description of the goals, terms, and policies of each of the
university's institutional aid programs, including eligibility
criteria, allocation of financial aid awards, fee waivers, and other
relevant information.
(2) A description and explanation of any changes the university
has made to any of these policies since the prior year, and any
changes the university intends to make for the next academic year.
(3) The total amount the university expended on institutional aid
for students, disaggregated by student level, for the two prior
academic years, the current year, and a projection for the next year,
and the average and 90th percentile undergraduate institutional aid
award amount provided per recipient for the prior two academic years
and the current academic year.
(4) The average and 90th percentile parental income level,
expected family contribution, and the financial need of undergraduate
need-based student institutional gift aid recipients for the prior
two academic years.
(5) For the prior year, the current year, and the budget year, an
analysis identifying the estimated number of undergraduates with
financial need; their aggregate cost of attendance and aggregate
expected federal parent contribution; the aggregate amount of
financial aid, including federal gift aid, state gift aid,
institutional need-based aid, institutional merit-based aid, other
institutional gift aid, and private gift aid, received by these
students; the aggregate remaining amount to be met by work,
borrowing, or other means; and an explanation of the estimated change
in aggregate student need in the budget year resulting from changes
in the cost of attendance, and other factors, including any fee
increases proposed by the university in its fall budget proposal. The
explanation shall include an estimate of the extent to which cost
increases will be offset by federal, state, and institutional
financial aid programs.
(6) The typical financial aid package for a typical dependent
undergraduate student with a parent income of twenty thousand dollars
($20,000), forty thousand dollars ($40,000), sixty thousand dollars
($60,000), eighty thousand dollars ($80,000), and one hundred
thousand dollars ($100,000).
(d) The final report shall include all of the following for the
prior academic year:
(1) An aggregate summary of financial aid awarded to students,
including scholarships, grants, waivers, loans, and work-study awards
from federal, state, institutional, and private sources.
(2) Indicators of the effectiveness of the university's aid
programs in achieving the university's stated goals related to
financial aid.
(e) To the extent the university provides the information
requested in subdivision (c) or (d) in reports to its governing board
or in other university publications, those reports or publications
may be submitted to the Legislature to satisfy this request.
Consistent with the state's historic commitment to provide
educational opportunity by ensuring both student access to and
selection of an institution of higher education for students with
financial need, the long-term policy of the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42
shall be as follows:
(a) Commencing with the 2001-02 academic year and every year
thereafter, an applicant for a Cal Grant A or B award shall receive
an award that is not in excess of the financial need amount
determined by the Student Aid Commission pursuant to Section 69432.9
if he or she complies with all of the following requirements:
(1) Demonstrates financial need under the criteria adopted
pursuant to Section 69432.9.
(2) Attains a grade point average, as defined in Section 69432.7,
meeting the requirements of Chapter 1.7 (commencing with Section
69430) of Part 42.
(3) Complies with each of the eligibility criteria applicable to
the type of Cal Grant award for which he or she is applying.
(b) (1) The maximum Cal Grant A award for a student attending the
University of California or the California State University shall
equal the mandatory systemwide fees in each of those segments.
(2) The maximum Cal Grant B award for a student to which this
subdivision is applicable shall equal the mandatory systemwide fees
in the segment attended by the student, except for community college
students who receive waivers from the Board of Governors of the
California Community Colleges, plus the access award calculated as
specified in Article 3 (commencing with Section 69435) of Chapter 1.7
of Part 42, except that in the first year of enrollment in a
qualifying institution, the maximum award shall be only for the
amount of the access award.
(c) The maximum Cal Grant awards for students attending nonpublic
institutions shall be as follows:
(1) The maximum Cal Grant A award shall equal the tuition award
level established in the Budget Act of 2000, or the amount as
adjusted in subsequent annual budget acts.
(2) The maximum Cal Grant B award shall equal the amount of the
tuition award as established in the Budget Act of 2000, or the amount
as adjusted in subsequent annual budget acts, plus the amount of the
access costs specified in Section 69435, except that, in the first
year of enrollment in a qualifying institution, the maximum award
shall be only for the amount of the access award.
(d) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant C award shall be utilized only for
occupational or technical training.
(e) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant T award shall be used only for one
academic year of full-time attendance in a program of professional
preparation that has been approved by the California Commission on
Teacher Credentialing.
(f) An institution of higher education in this state that
participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program shall not reduce its level of per capita need-based
institutional financial aid to undergraduate students, excluding
loans, below the total level awarded in the 2000-01 academic year.
(g) The implementation of the policy set forth in this section
shall maintain a balance between the state's policy goals of ensuring
student access to and selection of an institution of higher
education for students with financial need and academic merit.
(h) It is the policy of the State of California that the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement
the federal Pell Grant program.
(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program shall not guarantee admission to an institution of
higher education or admission to a specific campus or program.
It is the intent of the Legislature to support student
financial aid programs for eligible students enrolled in teacher
credential and graduate degree programs, including an emphasis on
increasing the number of graduate students from currently and
historically underrepresented groups who are preparing to become
future elementary and secondary teachers or postsecondary faculty
members.
(a) Notwithstanding any other law, and except as provided
for in subdivision (b), the Trustees of the California State
University and the Board of Governors of the California Community
Colleges shall, and the Regents of the University of California are
requested to, establish procedures and forms that enable persons who
are exempt from paying nonresident tuition under Section 68130.5, or
who meet equivalent requirements adopted by the regents, to apply
for, and participate in, all student aid programs administered by
these segments to the full extent permitted by federal law. The
Legislature finds and declares that this section is a state law
within the meaning of Section 1621(d) of Title 8 of the United States
Code.
(b) The number of financial aid awards received by California
resident students from financial aid programs administered by the
segments shall not be diminished as a result of the application of
subdivision (a). The University of California is requested to comply
with this subdivision.
(c) This section shall become operative on January 1, 2013.
Notwithstanding any other law, on and after January 1,
2012, a student attending the California State University, the
California Community Colleges, or the University of California who is
exempt from paying nonresident tuition under Section 68130.5 shall
be eligible to receive a scholarship that is derived from nonstate
funds received, for the purpose of scholarships, by the segment at
which he or she is a student. The Legislature finds and declares that
this section is a state law within the meaning of subsection (d) of
Section 1621 of Title 8 of the United States Code.
(a) The governing board of every community college district,
the Trustees of the California State University, the Regents of the
University of California, and the Board of Directors of the Hastings
College of the Law shall adopt regulations providing for the
withholding of institutional services from students or former
students who have been notified in writing at the student's or former
student's last known address that he or she is in default on a loan
or loans under the Federal Family Education Loan Program.
"Default," for purposes of this section, means the failure of a
borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where the guarantee
agency finds it reasonable to conclude that the borrower no longer
intends to honor the obligation to repay, provided that this failure
persists for 180 days for a loan repayable in monthly installments,
or 240 days for a loan repayable in less frequent installments.
(b) The regulations adopted pursuant to subdivision (a) shall
provide that the services withheld may be provided during a period
when the facts are in dispute or when the student or former student
demonstrates to either the governing board of the community college
district, the Trustees of the California State University, the
Regents of the University of California, or the Board of Directors of
the Hastings College of the Law, as appropriate, or to the Student
Aid Commission, or both the Student Aid Commission and the
appropriate entity or its designee, that reasonable progress has been
made to repay the loan or that there exists a reasonable
justification for the delay as determined by the institution. The
regulations shall specify the services to be withheld from the
student and may include, but are not limited to, the following:
(1) The provision of grades.
(2) The provision of transcripts.
(3) The provision of diplomas.
The adopted regulations shall not include the withholding of
registration privileges.
(c) When it has been determined that an individual is in default
on a loan or loans specified in subdivision (a), the Student Aid
Commission shall give notice of the default to all institutions
through which that individual acquired the loan or loans.
(d) This section shall not impose any requirement upon the
University of California or the Hastings College of the Law unless
the Regents of the University of California or the Board of Directors
of the Hastings College of the Law, respectively, by resolution,
make this section applicable.
(e) Guarantors, or those who act as their agents or act under
their control, who provide information to postsecondary educational
institutions pursuant to this section, shall defend, indemnify, and
hold harmless the governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law from action resulting from
compliance with this section when the action arises as a result of
incorrect, misleading, or untimely information provided to the
postsecondary educational institution by the guarantors, their
agents, or those acting under the control of the guarantors.
Each segment of public higher education shall establish, and
update as necessary, a written policy concerning students who are
called to active military service. The policy shall do all of the
following:
(a) Ensure that those students do not lose academic credits or
degree status.
(b) Provide for a refund of fees paid by the student for the term
in which he or she was called to active military service.
The Legislature hereby affirms its commitment to the
continuing quality and development of graduate and professional
programs of the University of California, the California State
University, and the independent institutions of higher education in
this state.
It is the intent of the Legislature that each governing board of
an institution of higher education periodically review the quality of
the graduate and professional programs operated by the institution,
and the need to add, discontinue, or enhance graduate and
professional programs, including programs leading to the joint
doctorate degree.
It is further the intent of the Legislature that the development
of joint doctoral programs operated by the California State
University and the University of California or one or more accredited
independent institutions of higher education be established and
expedited.
All graduate and professional programs, including joint doctoral
programs, are expected to undergo careful evaluation and be approved
only when it has been demonstrated that these programs meet the needs
of students and the state.
(a) Systemwide fees charged to resident undergraduate
students at the University of California and the California State
University shall be reduced for the 1998-99 fiscal year by 5 percent
below the level charged during the 1997-98 fiscal year, and the
systemwide fees charged to those students for the 1999-2000 fiscal
year shall be reduced by 5 percent below the level charged during the
1998-99 fiscal year. Systemwide education and registration fees
charged to resident graduate students at the University of California
and the California State University for the 1999-2000 fiscal year
shall be reduced by 5 percent below the level charged those resident
students for the 1997-98 fiscal year. This subdivision does not apply
to resident students pursuing a course of study leading to a
professional degree who are subject to a supplemental fee pursuant to
the policy of the University of California.
(b) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
(a) No campus of the University of California, the
California State University, or the California Community Colleges
shall charge any mandatory systemwide tuition or fees, including
enrollment fees, registration fees, differential fees, or incidental
fees, to any of the following:
(1) Any dependent eligible to receive assistance under Article 2
(commencing with Section 890) of Chapter 4 of Division 4 of the
Military and Veterans Code.
(2) (A) Any child of any veteran of the United States military who
has a service-connected disability, has been killed in service, or
has died of a service-connected disability, where the annual income
of the child, including the value of any support received from a
parent, does not exceed the national poverty level as defined in
subdivision (c).
(B) Notwithstanding Section 893 of the Military and Veterans Code,
the Department of Veterans Affairs may determine the eligibility for
fee waivers for a child described in subparagraph (A).
(3) Any dependent, or surviving spouse who has not remarried, of
any member of the California National Guard who, in the line of duty,
and while in the active service of the state, was killed, died of a
disability resulting from an event that occurred while in the active
service of the state, or is permanently disabled as a result of an
event that occurred while in the active service of the state. For the
purposes of this paragraph, "active service of the state" refers to
a member of the California National Guard activated pursuant to
Section 146 of the Military and Veterans Code.
(4) (A) Any undergraduate student who is a recipient of a Medal of
Honor, commonly known as a Congressional Medal of Honor, or any
undergraduate student who is a child of a recipient of a Medal of
Honor and who is no more than 27 years old, if both of the following
requirements are met:
(i) His or her annual income, including the value of any support
received from a parent, does not exceed the national poverty level as
defined in subdivision (c).
(ii) The recipient of the Medal of Honor who is or was the parent
of the undergraduate student is, or at the time of his or her death
was, a California resident as determined pursuant to Chapter 1
(commencing with Section 68000) of Part 41.
(B) The Department of Veterans Affairs shall determine the
eligibility of any applicant for a fee waiver under this paragraph.
(b) A person who is eligible for a waiver of tuition or fees under
this section may receive a waiver for each academic year during
which he or she applies for that waiver, but an eligible person may
not receive a waiver of tuition or fees for a prior academic year.
(c) As used in this section, the "national poverty level" is the
poverty threshold for one person, as most recently calculated by the
Bureau of the Census of the United States Department of Commerce.
(d) The waiver of tuition or fees under this section shall apply
only to a person who is determined to be a resident of California
pursuant to Chapter 1 (commencing with Section 68000) of Part 41.
(e) This section shall not apply to a dependent of a veteran
within the meaning of paragraph (4) of subdivision (a) of Section 890
of the Military and Veterans Code.
(f) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
By July 1, 2015, the Chancellor of the California
Community Colleges, using common course descriptors and pertinent
recommendations of the American Council on Education, shall determine
for which courses credit should be awarded for prior military
experience.
(a) The California State University and each community
college district shall, and the University of California is requested
to, with respect to each campus in their respective jurisdictions
that administers a priority enrollment system, grant priority in that
system for registration for enrollment to any member or former
member of the Armed Forces of the United States, and who is a
resident of California, who has received an honorable discharge, a
general discharge, or an other than honorable discharge, and to any
member or former member of the State Military Reserve, for any
academic term attended at one of these institutions for four academic
years after he or she has left state or federal active duty, which
he or she shall use within 15 years of leaving state or federal
active duty.
(b) A former member of the Armed Forces of the United States or
the State Military Reserve who received a dishonorable discharge or a
bad conduct discharge is not eligible for priority registration for
enrollment pursuant to this section.
(c) The priority registration for enrollment provided pursuant to
this section shall apply to enrollment for all degree and certificate
programs offered by the institution after the military or veteran
status of the student has been verified by the institution he or she
attends.
(d) Students who receive priority registration for enrollment
pursuant to this section shall comply with the requirements of
subdivision (a) of Section 78212.
(e) (1) For the purposes of this section, "Armed Forces of the
United States" means the Air Force, Army, Coast Guard, Marine Corps,
National Guard, Naval Militia, Navy, and the reserve components of
each of those forces, including the California National Guard.
(2) As used in this section, "member or former member of the Armed
Forces of the United States" includes, but is not necessarily
limited to, any student who is called to active military duty
compelling that student to take an academic leave of absence.
(a) The California State University and each community
college district shall, and the University of California is requested
to, with respect to each campus in their respective jurisdictions
that administers a priority enrollment system, grant priority in that
system for registration for enrollment to a foster youth or former
foster youth.
(b) For purposes of this section, "foster youth" means a person
who is currently in foster care, and "former foster youth" means a
person who is an emancipated foster youth and who is up to 24 years
of age.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(a) Each community college district, with respect to each
campus in its jurisdiction that administers a priority enrollment
system, shall grant priority registration for enrollment to students
in the Community College Extended Opportunity Programs and Services
program, pursuant to Article 8 (commencing with Section 69640), and
disabled students, within the meaning of the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), who are
determined to be eligible for disabled student programs and services
pursuant to Chapter 14 (commencing with Section 67300) and Section
84850.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(a) The Legislature finds and declares that the priority
enrollment for registration required by this section is necessary to
ensure that the flexibility related to educational opportunities that
was adopted as part of the broader changes to the California Work
Opportunity and Responsibility to Kids (CalWORKs) program in Chapter
47 of the Statutes of 2012 is not undermined by students who are
CalWORKs recipients being unable to access necessary classes.
(b) Each community college district that administers a priority
enrollment system shall grant priority in that system for
registration for enrollment to any student who is a CalWORKs
recipient.
(c) Students who receive priority registration for enrollment
pursuant to this section shall comply with the requirements of
subdivision (a) of Section 78212.
(d) For purposes of this section, "CalWORKs recipient" means a
recipient of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code or any
successor program.
It is the intent of the Legislature that, consistent with
the requirements and intent outlined in subdivisions (b) and (c) of
Section 78215, and to the extent that the institution meets the
responsibilities outlined in paragraph (2) of subdivision (a) of
Section 78212, any student who receives priority registration for
enrollment participate in the program of services outlined in
paragraph (2) of subdivision (a) of Section 78212.
Unless otherwise specified, reports submitted to the
Legislature by the University of California, the California State
University, and the Office of the Chancellor of the California
Community Colleges shall be delivered to the Senate and Assembly
budget subcommittees on education, the appropriate Senate and
Assembly higher education policy committees, the Legislative Analyst'
s Office, the Office of the Governor, and the Department of Finance.
Unless otherwise specified, these reports may be submitted in PDF
format or comparable electronic format.
(a) (1) The Trustees of the California State University, the
Regents of the University of California, and the governing board of
each community college district are requested to, in collecting data
relative to gender, race, ethnicity, or other demographics, from
faculty, staff, or students, allow the faculty, staff, and students
to identify their sexual orientation, gender identity, and gender
expression on any forms used to collect that demographic data, as
appropriate.
(2) A governing board shall not be required to update an existing
form used to collect demographic data for purposes of this
subdivision, but shall provide for the identification of sexual
orientation, gender identity, and gender expression on any new or
updated form used for the collection of demographic data.
(b) The Regents of the University of California, the Trustees of
the California State University, and the Chancellor's Office of the
California Community Colleges are requested to report aggregate
information collected pursuant to subdivision (a), to the extent that
individuals from whom that information is collected authorize that
information to be released where other demographic data is
traditionally aggregated and reported for informational purposes and
is appropriate. Any report developed shall be transmitted to the
Legislature, pursuant to Section 9795 of, and notwithstanding Section
10231.5 of, the Government Code, no later than January 1 of each
year and shall be made available to the general public on the
Internet Web site of each respective institution. The information
reported pursuant to this subdivision shall not include any
individual identifying information.
(a) The California Community Colleges and the California
State University shall provide information about credit by
examination opportunities wherever course and class information is
available.
(b) The Regents of the University of California are requested to
provide information about credit by examination opportunities
wherever course and class information is available.