Public postsecondary education: exemption from nonresident tuition.

(1) Existing law exempts a student, other than a person excluded from the term "immigrant," as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes a state court, if it finds that this provision, or any similar provision adopted by the Regents of the University of California, is unlawful, to order that the administering entity terminate any waiver awarded pursuant to this provision, and prohibits the award of money damages, tuition refund or waiver, or other retroactive relief. This bill would extend the exception from the above provision to a nonimmigrant student, as defined. The bill would therefore make the person eligible for the exemption from nonresident tuition made by this provision if the nonimmigrant student meets its requirements. The bill would authorize a state court, if it finds that this extension, or any similar provision adopted by the Regents of the University of California, is unlawful, to order the administering entity to terminate any waiver awarded pursuant to this extension, and would prohibit the award of money damages, tuition refund or waiver, or other retroactive relief. Because the bill would impose new duties on community college districts with respect to determining eligibility for exemptions from paying nonresident tuition, the bill would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.