SECTIONS 68130-68134 - California Statutes

EDUCATION CODE

SECTION 68130-68134

68130. The governing boards and district governing boards may waive
nonresident tuition in whole or in part pursuant to Sections 68123,
76140, 89705, and 89707.

68130.5. Notwithstanding any other provision of law:
(a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
(1) High school attendance in California for three or more years.
(2) Graduation from a California high school or attainment of the
equivalent thereof.
(3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
(4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
(b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
(d) Student information obtained in the implementation of this
section is confidential.

68130.7. If a state court finds that Section 68130.5, 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
68130.5, 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.

68131. The governing boards and district governing boards may enter
into agreements with appropriate agencies and institutions of higher
education in other states and foreign countries providing for the
exchange of students in higher educational institutions in this state
and other states or countries pursuant to Sections 68124, 76140, and
Chapter 10 (commencing with Section 66800) of Part 40 of this
division.

68133. If an action is brought against a governing board as the
result of the application of this chapter, that governing board shall
inform the governing boards of the other institutions regarding the
litigation. If an action is brought against a district governing
board as a result of the application of this chapter, that district
governing board shall inform the Board of Governors of the California
Community Colleges, who shall inform the Regents of the University
of California, and the Trustees of the California State University,
regarding the pending litigation.

68134. No provision of this part shall be applicable to the
University of California unless the Regents of the University of
California, by resolution, make such provision applicable.