AB 2794

Introduced by Committee on Higher Education
 An act to amend Section 68075.7 of the Education Code, relating to postsecondary education.
postsecondary education
Postsecondary education: nonresident tuition: exemption: federal GI Bill.
 Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary educational institutions. Existing law requires a student classified as a nonresident to pay nonresident tuition, in addition to other fees required by the institution, except as provided. Existing law exempts a student enrolled at a campus of the California Community Colleges or the California State University from paying nonresident tuition or any other fee that exclusively applies to nonresident students if the student resides in California, meets the definition of “covered individual” under federal law, and is eligible for education benefits under 4 specified federal GI Bill programs, as the federal law read on January 5, 2022.
This bill would add, for purposes of that exemption,
		the Montgomery GI Bill-Selected Reserve program to the list of federal GI Bill programs and specify that federal law as it read on January 5, 2026, applies. To the extent that the bill would impose new duties on community college districts to determine eligibility for an exemption from paying nonresident tuition or fees, the bill would impose a state-mandated local program.
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.
The people of the State of California do enact as follows:
SECTION 1.
Section 68075.7 of the
Education Code
 is amended to read:
68075.7.
Notwithstanding any other law:
(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that exclusively applies to nonresident students:
(1) The student resides in California.
(2) The student meets the definition of
				  “covered individual,” as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.
(3) The student is eligible for education benefits under the federal Montgomery GI Bill–Active Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), the Survivors’ and Dependents’ Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), or the Montgomery GI Bill–Selected Reserve program (Chapter 1606 (commencing with Section 16131) of
				  Title 10 of the United States Code), as each read on January 5,
				  2026.
(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain “covered individual” status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, “continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.
(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the
				  community college district of attendance for apportionment purposes.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.