76140.
(a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(4) A special part-time 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, admitted pursuant to Section 76001, 76003, or 76004.
Thanks Mallory.
For deeper clarity this part of paragraph 4 (4) A special part-time student, other than a nonimmigrant alien within the meaning of paragraph. This means the college is still required to charge undocumented students? What are colleges doing for undocumented Special Admit/Dual Enrollment students?
Thanks,
Evan
From: dualenro...@baccc.net [mailto:dualenro...@baccc.net]
On Behalf Of Mallory Stevens
Sent: Wednesday, May 26, 2021 8:43 AM
To: dualenro...@baccc.net
Subject: [BayDualEnrollmentCoP] Re: Dual Enrollment and Dreamers
** Email from External Sender **
Hi Folks-
My understanding of this law is based on working closely with Rosa DeAnda who worked in government relations with the CCCCO and was deeply involved with the writing of this legislation. She has since retired, but Dean Arambula at the CCCCO I believe would confirm this.
The classification of students who we refer to as dreamers, potential dreamers or undocumented students are immigrants. Or in the terms of this particular law they are “immigrant aliens” (distasteful term but has a specific legal definition).
When the law says “nonimmigrant aliens” it is referring to students who are not citizens, but are also not immigrants. So that could be students who are here on a tourist visa, or on a student visa.
For example - I live in Torrance, we have a lot of large Japanese companies who regularly bring employees from Japan to Torrance for a few months or even years. They are not immigrating, they return to Japan. If those employees bring their kids while they are here, and their kids took a college class while in high school, they would be charged nonresident tuition because they are neither residents nor immigrants.
But any student who would be considered a dreamer and AB 504 eligible once they actually graduate high school (gone to a Ca high school for three years and graduated a Ca high school) can not be charged nonresident tuition for dual enrollment. It doesn’t matter if it’s CCAP or non-CCAP or they are just coming to the college on their own.
I know this is all kind of confusing and I wish the law were written in more plain language. But that is my understanding. So if your college is still charging nonresident tuition to dreamers or undocumented high school students – that would violate this law.
Cheers-
Dr. Naomi Castro
Senior Director, Career Ladders Project
nca...@careerladdersproject.org
*Please note – I respect boundaries around personal time and encourage my colleagues to do the same. Should you receive correspondence from me outside of normal business hours, please protect your time and wait to respond until normal business hours.
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Mallory
--
Mallory J. Stevens, EdD | Pathways Support Consultant
Bay Region | Hosted by Contra Costa Community College District (4CD)
Naomi,
I appreciate this clarification so much. The legislative language is often bereft of compassion and you’ve articulated that here.
Thank you.
Evan