SECTIONS 68120-68124 - California Statutes

EDUCATION CODE

SECTION 68120-68124

68120. (a) Notwithstanding any other provision of law, no mandatory
systemwide fees or tuition of any kind shall be required of or
collected by the Regents of the University of California, the Board
of Directors of the Hastings College of the Law, or the Trustees of
the California State University from any surviving spouse or
surviving child of a deceased person who met all of the following
requirements:
(1) He or she was a resident of this state.
(2) He or she was employed by a public agency, or was a
contractor, or an employee of a contractor, performing services for a
public agency.
(3) His or her principal duties consisted of active law
enforcement service or active fire suppression and prevention. This
section shall not apply to a person whose principal duties were
clerical, even if he or she was subject to occasional call or was
occasionally called upon to perform duties within the scope of active
law enforcement or active fire suppression and prevention.
(4) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention duties, or died
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of his or her active
law enforcement or active fire suppression and prevention duties.
(b) Notwithstanding subdivision (a), a person who qualifies for
the waiver of mandatory systemwide fees and tuition under this
section as a surviving child of a contractor, or of an employee of a
contractor, who performed services for a public agency shall, in
addition to the requirements set forth in subdivision (a), meet both
of the following requirements:
(1) Enrollment as an undergraduate student at a campus of the
University of California or the California State University.
(2) Documentation that his or her annual income, including the
value of any support received from a parent, does not exceed the
maximum household income and asset level for an applicant for a Cal
Grant B award, as set forth in Section 69432.7.
(c) As used in this section:
(1) "Contractor" or "employee of a contractor" does not include a
security guard or security officer, as defined in Section 7582.1 of
the Business and Professions Code.
(2) "Public agency" means the state or any city, city and county,
county, district, or other local authority or public body of or
within the state.
(3) "Surviving child" means either of the following:
(A) A surviving natural or adopted child of the deceased person.
(B) A surviving stepchild who meets both of the following
requirements:
(i) He or she was living or domiciled with the deceased person at
the time of his or her death.
(ii) He or she was claimed on the tax form most recently filed by
the deceased person prior to that person's death, or he or she
received 50 percent or more of his or her support from that deceased
person in the tax year immediately preceding the death of the
deceased person, or both.

68120.5. Any determination of eligibility pursuant to Section 68120
shall be consistent with any findings of the Workers' Compensation
Appeals Board, using the same procedures as in workers' compensation
hearings, as to whether the death of the person described under
subdivision (a) of that section was industrial.

68121. (a) Notwithstanding any other provision of law, no mandatory
systemwide fees or tuition of any kind shall be required or
collected by the Regents of the University of California or the
Trustees of the California State University, from a student who is in
an undergraduate program and who is the surviving dependent of any
individual killed in the September 11, 2001, terrorist attacks on the
World Trade Center in New York City, the Pentagon building in
Washington, DC, or the crash of United Airlines Flight 93 in
southwestern Pennsylvania, if he or she meets the financial need
requirements set forth in Section 69432.7 for the Cal Grant A Program
and either of the following apply:
(1) The surviving dependent was a resident of California on
September 11, 2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(b) (1) The California Victim Compensation and Government Claims
Board shall identify all persons who are eligible for tuition and fee
waivers pursuant to this section or subdivision (j) of Section
76300. That board shall notify these persons or, in the case of
minors, the parents or guardians of these persons, of their
eligibility for tuition and fee waivers under these provisions. This
notification shall be in writing, and shall be received by all of the
appropriate persons no later than July 1, 2003.
(2) The Trustees of the California State University, the Regents
of the University of California and the governing board of each
community college district in the state shall waive tuition and fees,
as specified in this section and in subdivision (j) of Section
76300, for any person who can demonstrate eligibility. If requested
by the California State University, the University of California,
Hastings College of the Law, or a California Community College, the
California Victim Compensation and Government Claims Board, on a
case-by-case basis, shall confirm the eligibility of persons
requesting the waiver of tuition and fees, as provided for in this
section.
(c) A determination of whether a person is a resident of
California on September 11, 2001, shall be based on the criteria set
forth in this chapter for determining nonresident and resident
tuition.
(d) (1) "Dependent," for purposes of this section, is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under this section until that person
obtains the age of 30 years.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.

68123. Notwithstanding any other provision of law, the Trustees of
the California State University may enter into agreements with other
universities or colleges located within the state whereby qualified
students from campuses of the California State University may attend
the other universities or colleges without payment of some or all
fees or tuition, or both, charged by the other institutions, and
students from the other institutions may attend campuses of the
California State University without payment of some or all of the
fees or tuition, or both, charged by the state university. During any
year, however, the number of students attending campuses of the
California State University from other universities or colleges,
pursuant to the agreements entered in between the Trustees of the
California State University and other universities and colleges,
shall not exceed the number of students of the California State
University attending the other institutions.

68124. The trustees may enter into agreements with public colleges
and universities in other states whereby qualified students from the
California State University may attend the other college or
university without payment of any tuition fee charged by that
institution to persons who are nonresidents of the state in which it
is situate, and students from that institution may attend the
California State University without payment of the nonresident
tuition established pursuant to Section 89705. No nonresident tuition
shall be charged of students attending a campus of the California
State University pursuant to an agreement entered into under this
section. During any year, however, the number of students attending
the California State University from a particular public college or
university in another state, pursuant to the agreement, shall not
exceed the number of the California State University students
attending the institution under that agreement.