AB 2114

AB2114:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2114

An act to add Section 68130.6 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2114, as amended, Bryan. Public postsecondary education: nonresident tuition fee exemption: educational asylum program.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. 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. These provisions apply to the University of California only to the extent that the regents, by appropriate resolution, make them applicable.

This bill would authorize a participating public postsecondary educational institution to administer an educational asylum program, in collaboration with the State Department of Education, the Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges. The bill would require the State Department of Education to maintain a list of restricted states and inform public postsecondary educational institutions of changes to the list. The bill would require a participating institution to grant educational asylum status to a transfer student who meets specified requirements, including residing in a restricted state included on the above-described list. state, as defined. The bill, commencing with the 2027–28 school year, would exempt a transfer student who is granted educational asylum status from paying nonresident tuition at a participating institution and would require the transfer student to only pay resident tuition and fees.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) California values diversity and inclusion in its educational systems and seeks to foster learning environments that reflect these principles.

(2) Recent legislative trends in certain states restrict academic freedom, particularly concerning the teaching of diversity, equity, and inclusion and critical race theory, which are critical to preparing students for the diverse realities of the global workforce.

(3) California aims to be a sanctuary state, offering transfer students from restrictive states the opportunity to study in inclusive environments.

(4) Providing access to top tier education to a diverse body of transfer students bolsters California’s economy and supports a skilled workforce that drives innovation and growth.

(b) It is the intent of the Legislature to establish an educational asylum program that allows qualified out-of-state transfer students to apply to California’s public higher education institutions without incurring nonresident tuition costs. By doing so, California reaffirms its commitment to inclusive education and provides a safe haven for transfer students seeking freedom in academic exploration.

SEC. 2.

Section 68130.6 is added to the Education Code, to read:

68130.6.

(a) For purposes of this section, the following definitions apply:

(1) “Participating institution” means a community college district, a campus of the California State University, or a campus of the University of California.

(2) “Restricted state” means a state where recently enacted legislation limits the teaching of diversity, equity, and inclusion, critical race theory, or similar subjects in postsecondary educational institutions. “Restricted state” includes, but is not limited to, the States of Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, West Virginia, and Wyoming.

(b) A participating institution may administer an educational asylum program consistent with this section, in collaboration with the State Department of Education, the Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges.

(c)The State Department of Education shall maintain a list of restricted states and inform public postsecondary educational institutions of changes to the list.

(d)

(c) Subject to subdivision (e), (d), a participating institution shall grant educational asylum status to a transfer student who meets all of the following requirements:

(1) The transfer student resides in a restricted state that is included on the list maintained pursuant to subdivision (c). state.

(2) The transfer student satisfies all of the academic admissions standards of, and has been admitted by, the participating institution.

(3) The transfer student has applied for educational asylum status on their application to the participating institution and demonstrated their intent to pursue education in a state that promotes inclusive learning.

(e)

(d) A participating institution may establish criteria and limits for admitting transfer students under an educational asylum program based on its resources and enrollment capacities.

(f)

(e) Notwithstanding any other law, commencing with the 2027–28 school year, a transfer student who is granted educational asylum status pursuant to subdivision (d) (c) shall be exempt from paying nonresident tuition, and shall only be required to pay resident tuition and fees, at a participating institution.

(g)

(f) It is the intent of the Legislature that participating institutions consider the fiscal impact of an educational asylum program and use existing funds to administer an educational asylum program.