Higher education trailer bill.

(1) The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions, as defined. Under existing law, no more than a total of 25,750 Competitive Cal Grant A and B awards may be granted annually. Commencing with the 2019–20 academic year, this bill would provide an additional award, as specified, to Cal Grant A and B Entitlement, Competitive Cal Grant A and B, and Cal Grant C recipients who are attending a public postsecondary educational institution and have dependent children, as defined. The bill would make conforming changes. The bill would increase the maximum number of Competitive Cal Grant A and B awards granted annually from 25,750 to 41,000. (2) Existing law establishes the University of California, under the administration of the Regents of the University of California, as a segment of public postsecondary education in this state. The University of California comprises 10 campuses, which are located at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. Existing law authorizes a state court, in any action in which that court finds that any of certain student financial aid or other specified programs, or any similar program adopted by the regents, is unlawful, to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action as equitable relief. This provision also prohibits the award of money damages, a tuition refund or waiver, or other retroactive relief, and provides that the segments of public postsecondary education, including the University of California, are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit. This bill, until June 30, 2021, would authorize the University of California to provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship. The bill would include this scholarship authorization as a program covered by the above-described law relating to relief available in state court actions. (3) The Cal Grant Program specifies the amounts of the maximum Cal Grant A and B awards for students attending private nonprofit postsecondary educational institutions and private for-profit postsecondary educational institutions that are regionally accredited, as specified. Beginning with the 2019–20 award year, the maximum tuition award is either $9,084 or $8,056, depending upon whether the number of new unduplicated transfer students accepted by private nonprofit postsecondary educational institutions who have been given associate degree for transfer commitments, as defined, in the prior award year meets or exceeds specified targets. This bill would recharacterize private nonprofit postsecondary educational institutions as independent institutions of higher education for purposes of these benefits under the Cal Grant Program and would instead set the 2019–20 award year amount for a new recipient at an independent institution of higher education at $9,084. The bill would, for the 2020–21 to 2022–23 award years, inclusive, condition the maximum tuition award amount on changed target numbers of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments. (4) Existing law provides that, effective for academic terms beginning after July 1, 2017, a student enrolled at a campus of the California Community Colleges or the California State University who resides in California, meets the definition of "covered individual" under federal law, as it read on July 1, 2017, and is eligible for education benefits as belonging to either of 2 specified categories of beneficiaries under the federal "GI Bill," as it read on January 1, 2017, is exempt from paying nonresident tuition and any other fees exclusively applicable to nonresident students at that campus. This bill would additionally exempt from nonresident tuition and those other nonresident fees individuals entitled to specified rehabilitation services under the GI Bill. To the extent that this bill would create new duties for community college districts by adding a category of student who would qualify for a waiver of nonresident tuition and other fees exclusively applicable to nonresident students at a campus, the bill would constitute a state-mandated local program. (5) Existing law establishes the Student Aid Commission to administer state student financial aid programs, including, among other programs, the Cal Grant Program, the Assumption Program of Loans for Education, and the Middle Class Scholarship Program. Existing law exempts a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if the person is an alien without lawful immigration status, has filed a prescribed affidavit, from paying nonresident tuition at the California Community Colleges and the California State University. Existing law, known as the California Dream Act of 2011, provides that a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above is eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the public postsecondary educational segment that the student attends. This bill would establish, commencing with the 2019–20 academic year, the Cal Grant B Service Incentive Grant Program under the administration of the Student Aid Commission. The bill would require a participating student, in order to receive a grant award under the program, among other requirements, to be a recipient of a Cal Grant B award; to be enrolled as a student at a campus of the University of California, the California State University, or the California Community Colleges, or at an independent institution of higher education, as defined; and to perform at least 100 hours per quarter or 150 hours per semester of community or volunteer service, as provided. The bill would specify the amount of the grants to be awarded under the program, and would require that the grants awarded under this program not offset or replace any other source of grant aid. The bill would limit to 2,500 the number of eligible students simultaneously receiving grants under the program. The bill would specify the eligibility requirements for students participating in the program, including submitting of a California Dream Act application to the commission and meeting all of the requirements for an exemption from paying nonresident tuition as described above. The bill would also specify the requirements for the community or volunteer service performed by participating students to be applied toward the earning of grant awards under the program. (6) Existing law exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law makes a student who meets these requirements for exemption from nonresident tuition, or who meets equivalent requirements adopted by the Regents of the University of California, eligible to apply for, and participate in, any student financial aid program administered by the state to the full extent permitted by federal law except, under specified circumstances, the Competitive Cal Grant A and B awards program. This bill would repeal the limitation on those students' eligibility for Competitive Cal Grant A and B awards. The bill would also express the intent of the Legislature that all forms of state-based aid in California be made equally available to these students who are exempt from paying nonresident tuition and to all other students who qualify for state-based aid in this state. (7) The Golden State Scholarshare Trust Act establishes the Golden State Scholarshare Trust, under the administration of the Scholarshare Investment Board. This bill would establish the California Kids Investment and Development Savings Program, under the administration of the board, for the purposes of expanding access to higher education through savings. The program would establish the California Kids Investment and Development Savings Program Fund in the State Treasury to serve as the initial repository of all moneys received from state and private sources for the program, and would continuously appropriate moneys in the fund to the board for the program. Subject to available moneys in the fund, the bill would require the board to establish one or more Scholarshare 529 accounts and make a seed deposit of moneys from the fund into a Scholarshare 529 account established under the program in an amount of at least $25, as determined by the board. Specifically, those moneys would be deposited in subaccounts, one designated for each California resident child born on or after July 1, 2020, who is a California resident at the time of birth and is a member of a low-income household, as defined, except for children whose parents or legal guardians have opted out, as specified. Subject to sufficient moneys in the fund, the bill would authorize additional incentive payments from the fund for children participating in the program. The bill would require the board to provide awards from these Scholarshare 529 accounts, as specified, for each participating child's higher education expenses at an eligible institution of higher education. The bill would prescribe the powers and duties of the board to administer and implement the program. The bill would authorize the board to consider marketing the program to California residents, as specified. On or before January 1, 2022, the bill would require the board to report to the Department of Finance and the Legislature information pertaining to the first year of the program's implementation, as specified. (8) Existing law, the Middle Class Scholarship Program, provides that an undergraduate student enrolled at the University of California or the California State University, or enrolled in upper division coursework in a community college baccalaureate program, and meeting certain requirements, is eligible for a scholarship award that, combined with other federal, state, and institutionally administered grants and fee waivers, totals up to 40% of the systemwide tuition and fees. Existing law transfers $99,797,000 from the General Fund to the Middle Class Scholarship Fund for the 2017–18 fiscal year, $101,380,000 from the General Fund to the Middle Class Scholarship Fund for the 2018–19 fiscal year, and $117,000,000 from the General Fund to the Middle Class Scholarship Fund for the 2019–20 fiscal year and each fiscal year thereafter, and appropriates those sums to the Student Aid Commission for purposes of the scholarship program. This bill would increase the appropriation for the 2017–18 fiscal year from $99,797,000 to $99,938,000, would increase the appropriation for the 2018–19 fiscal year from $101,380,000 to $107,037,000, and would decrease the appropriation for the 2019–20 fiscal year from $117,000,000 to $110,248,000. (9) Existing law establishes the Student Aid Commission as the state agency primarily responsible for the administration and coordination of student financial aid programs at California postsecondary educational institutions. This bill would establish the Child Savings Account Grant Program under the administration of the commission to support local governments and nonprofit organizations to establish or expand local child savings account programs. Subject to an appropriation by the Legislature in the Budget Act, the bill would require the commission to provide grants of at least $100,000 to applicants meeting prescribed requirements for purposes of establishing or expanding local child savings account programs, as specified. The bill would require the commission to provide technical assistance to grant applicants, as specified. The bill would establish the Child Savings Account Grant Program Council to advise the commission and grantees on topics pertaining to local child savings account programs. (10) Existing law establishes the Student Equity and Achievement Program for purposes of supporting the California Community Colleges in boosting achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups. Existing law also establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Those requirements include the utilization of evidence-based assessment and placement practices at the community college that include multiple measures of student performance, as specified. Existing law authorizes a community college to use that funding to waive some or all of the fees for one academic year for certain first-time students who are enrolled in 12 or more semester units or the equivalent at the college and complete and submit either a Free Application for Federal Student Aid or a California Dream Act application. This bill, with respect to the California College Promise, would authorize a community college to use California College Promise funding to waive fees for 2 academic years for these first-time students, and would require the utilization of evidence-based assessment and placement practices at the community college to be in compliance with the requirements for assessment instruments applicable under the Student Equity and Achievement Program. To the extent that these changes to the California College Promise would create new duties for community college districts, the bill would impose a state-mandated local program. (11) Existing law authorizes the Board of Governors of the California Community Colleges, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program at not more than 15 community college districts, with one baccalaureate degree program each, to be determined by the chancellor and approved by the board of governors. Existing law requires the Legislative Analyst's Office to conduct and report to the Legislature and the Governor the results of a final evaluation of the pilot program, as specified, on or before July 1, 2021. Existing law also requires affected community college districts to submit the information necessary to conduct the evaluations required by this provision. The bill would instead require the Legislative Analyst's Office to report the results of the final evaluation of the pilot program on or before February 1, 2020. By advancing the date by which affected community college districts would be required to submit information, the bill would impose a state-mandated local program. (12) Existing law enacts the Seymour-Campbell Student Success Act of 2012 for the purpose of increasing California community college student access and success by providing effective core matriculation services, including orientation, assessment and placement, counseling, and other education planning services. Existing law requires the Legislative Analyst's Office to review and report designated information about the Seymour-Campbell Student Success Act of 2012 to the appropriate fiscal and policy committees of the Legislature by July 1, 2014, July 1, 2016, and September 30, 2019. This bill would repeal the September 30, 2019, reporting requirement. (13) Existing law, the Field Act, requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building, as defined to include buildings used for elementary, secondary, and community college purposes, or the reconstruction or alteration of or addition to any school building, as defined to include buildings used for elementary, secondary, and community college purposes, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and specified building standards and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Existing law exempts a building or a complex within which the building is located, operated by an official or board of a city, city and county, or county, where the primary use of the building or complex is other than educational, from the definition of a school building for purposes of the Field Act, as specified. This bill would additionally exempt a building or complex within which the building is located, operated by a nonprofit foundation and located on land owned by the United States, where the primary use of the building or complex is other than educational, from the definition of a school building for purposes of the Field Act. (14) Existing law establishes the California State University, which is administered by the Trustees of the California State University. This bill would, within one year of an appropriation by the Legislature in the annual Budget Act or in another statute for this purpose, establish the Center to Close Achievement Gaps at a campus of the California State University to be chosen by the Chancellor of the California State University, or at the office of the chancellor, as specified. The bill would provide that the mission of the center is to provide resources and assistance to local educational agencies in order to eliminate gaps in academic achievement between subgroups of pupils of kindergarten and grades 1 to 12, inclusive, as identified on the California School Dashboard, through professional preparation of educators throughout the California State University system and by serving as a resource for local educational agencies on strategies to close achievement gaps. The bill would require the center to operate in partnership with the State Department of Education, the State Board of Education, the California Collaborative for Education Excellence, specified county offices of education, and the University of California. On or before January 30 of the year following the first full year of operation of the center, and on or before January 30 annually thereafter, the bill would require the center to submit a report to the Legislature prepared by a third party evaluating the center, as specified. (15) The California State University comprises 23 institutions of higher education located throughout the state. This bill would appropriate any remaining proceeds for the California State University in specified capital outlay bond funds to the California State University for the construction phase of the Los Angeles Physical Sciences Building Renovation project, as specified. (16) Existing law establishes community college districts throughout the state, and authorizes these districts to provide instruction at the community college campuses they operate and maintain. Existing law provides for a formula for the calculation of general purpose apportionments of state funds to community colleges. Existing law provides for base allocations of state funds to be made to community college districts on a full-time equivalent student basis, in amounts differing according to fiscal year, and specified for certain community college districts. Existing law also provides, commencing with the 2018–19 fiscal year, that a supplemental allocation and a student success allocation be calculated for each community college district based on a point system, as prescribed. This bill, for the 2019–20 fiscal year, would set the marginal funding rates for the base allocation, supplemental allocation, and student success allocation to align with the total computational revenue computed by the Department of Finance for community college apportionments. The bill would allocate that revenue, in specified percentages, to the base, supplemental, and student success components. Commencing with the 2020–21 fiscal year, the bill would require those rates to be adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. The bill would require the metrics used for the student success allocation to be based on a 3-year rolling average instead of on prior-year data, and would revise certain metrics, as provided. The bill would revise the hold harmless provisions applicable to the 2019–20 fiscal year, as specified. The bill would require, commencing with the 2019–20 fiscal year, the Office of the Chancellor of the California Community Colleges to publicly post the data, by community college district, used to calculate the supplemental and student success allocations pursuant to these provisions on the internet website of the chancellor's office, as provided. Under existing law, for the fiscal years 2018–19 to 2020–21, inclusive, each community college district that gets less funding pursuant to the currently applicable funding formula than under the previously applicable formula, as adjusted for change in the cost of living, receives discretionary resources in an amount needed to ensure that the community college district receives no less than the funding as calculated under that prior formula with the adjustment. This bill would apply the requirement to provide discretionary resources calculated in that way to qualifying community college districts for the 2021–22 fiscal year. (17) The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law requests the University of California, by April 1 of each year, to report to the Legislature on the systemwide and presidential initiatives of the university, including a description of each initiative, justifications for each initiative explaining how it furthers the mission of the university, and the total expenditures and revenue sources for each initiative. This bill would request the University of California, by April 1 of each year, to similarly report to the Legislature on the systemwide programs of the university. (18) Existing law establishes the University of California under the administration of the Regents of the University of California and the California State University under the administration of the Trustees of the California State University as 2 of the segments of public postsecondary education in the state. This bill would require the University of California, Los Angeles and the California State University, Dominguez Hills, along with California State University campuses serving the Los Angeles Basin selected by the trustees, to form a neurodiversity and learning collaborative to, among other things, identify and develop the links between brain research and classroom practice. The bill would require the collaborative to provide leadership for the development and testing of new classroom interventions and teaching practices for literacy learning based on brain research at public schools, as specified. The bill would require the collaborative to support the development of a progressive teacher training curriculum to be integrated into professional preparation programs leading to a preliminary teaching credential, approved by the Commission on Teacher Credentialing, that will have a long-term impact on supporting neurodiverse learners, as specified. The bill would provide that the operation of these provisions is contingent on the enactment of an appropriation in the annual Budget Act for these purposes, and that these provisions apply to the University of California only to the extent that the regents act, by appropriate resolution, to make these provisions applicable. (19) The Public Employees' Medical and Hospital Care Act authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of the Public Employees' Retirement System. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. The act prohibits specified employees from receiving an employer contribution for these benefits for annuitants unless the person is credited with 10 or more years, or 15 or more years, of state service, depending on the date of first hire. The State Employees' Dental Care Act authorizes the state, through the Department of Human Resources, the Trustees of the California State University, or the Regents of the University of California, to contract with carriers for dental care plans for employees, annuitants, and eligible family members, as provided. The act generally authorizes a person who was enrolled in a dental care plan at the time they became an annuitant under state or federal provisions to continue their enrollment. The act prohibits specified employees from receiving an employer contribution for these benefits for annuitants unless the person is credited with 10 or more years, or 15 or more years, of state service, depending on the date of first hire. This bill, with respect to both the Public Employees' Medical and Hospital Care Act and the State Employees' Dental Care Act, would additionally prohibit an employee of the California State University who is first employed and becomes a member of the California Public Employees' Retirement System on or after July 1, 2019, and who is represented by California State University Bargaining Unit 11, from receiving any portion of the employer contribution for these benefits for annuitants unless the employee has 10 years of credited state service at the time of retirement. The bill would limit its application to employees of the California State University who retire for service. The operation of these provisions would be contingent upon their adoption by regulations of the Trustees of the California State University or, if required, in a memorandum of understanding reached pursuant to specified law. (20) Existing law creates the Public Employees' Retirement System, the management and control of which is vested in its board of administration. Under existing law, the board of administration has no duty to locate or notify annuitants who may be eligible to enroll under the State Employees' Dental Care Act, or to provide names or addresses for the purpose of notifying those annuitants. The California State University Annuitant Vision Care Program requires the California State University system to administer a vision care program for all participating annuitants, as defined, of that institution. Under existing law, the California State University has no duty to locate or notify annuitants who may be eligible to enroll in the vision care program, or to provide names or addresses for the purpose of notifying those annuitants. Existing law creates the Public Employees' Retirement Fund, a continuously appropriated trust fund under the exclusive control of the board, to be administered in accordance with the Public Employees' Retirement Law solely for the benefit of the members and retired members of the system and their survivors and beneficiaries. That law prohibits expenditure of retirement fund moneys for other than specified purposes relating to the system. This bill would require the Board of Administration of the Public Employees' Retirement System to assist the California State University, upon request, by providing it with annuitant names and addresses solely for the purpose of notifying those annuitants of eligibility for enrollment into a university-offered dental or vision care plan. The bill would require information provided to the California State University for this purpose to be confidential. By authorizing moneys in the Public Employees' Retirement Fund to be spent for a new purpose, the bill would make an appropriation. (21) Existing law imposes a filing fee of $605 to file a notice of appeal in a civil case. Existing law requires, until January 1, 2020, that $65 of this fee be deposited into the California State Law Library Special Account for the support of the California State Law Library. This bill would extend the operation of the latter provision regarding the support of the California State Law Library until January 1, 2025. (22) Existing law establishes CalFresh within the State Department of Social Services to provide assistance to eligible persons in obtaining nutritious foods. This bill would require the department, in consultation with the University of California, the California State University, and the California Community Colleges, to assess the effectiveness of CalFresh in addressing student food insecurity at the public postsecondary segments and submit a related report to the Department of Finance and relevant policy and fiscal committees of the Legislature on or before November 1, 2019. (23) This bill would create a one-time reentry grant program for the 2019–20 fiscal year using funds to be appropriated in one of 2 specified bills in the 2019–20 Regular Session. Under the bill, the chancellor's office would allocate grants, on a competitive basis, to community colleges to provide support for currently and formerly incarcerated students. The bill would specify the activities and services that could be supported by the reentry grants. The bill would require the chancellor's office to report to the Legislature and the Department of Finance on the use of these funds on or before July 31, 2023. (24) On or before March 1, 2020, this bill would require the Office of the Chancellor of the California Community Colleges to submit a report to the Department of Finance and relevant policy and fiscal committees of the Legislature on the use of different funds to be appropriated in one of the same 2 specified bills referenced in (23) above to address student basic needs, as specified. (25) The Budget Act of 2018 appropriated $4,155,021,000 from the General Fund to the Board of Governors of the California Community Colleges for specified purposes. This bill would increase the appropriation to the Board of Governors of the California Community Colleges to $4,157,124,000. (26) The Budget Act of 2018 appropriated $570,000 from the General Fund to the Board of Governors of the California Community Colleges to reimburse the Fiscal Crisis and Management Assistance Team for costs incurred in specified activities, including the provision of technical assistance, training, and short-term institutional research necessary to address existing or potential accreditation deficiencies. The act restricted the amount of the appropriation to be used for that activity to $150,000. This bill would delete that restriction on the use of the appropriated funds. (27) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (28) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.