The 2020-21 Legislative and Advocacy Committee reviewed Title 5 section 58003.3 and its 2018 amendment which has addressed the concern in the resolution.
Whereas, Title 5 §58003.3[1] appears to prohibit districts from collecting apportionment for undocumented students, thus creating a barrier for noncredit student enrollment and restricting colleges from accessing adequate resources needed to serve these students;
Whereas, Noncredit programs provide a pathway into college for economically disadvantaged immigrants and create a skilled workforce by providing free and accessible education in literacy and numeracy for students at the lowest skill levels, for English as a Second Language, vocational training, parenting, older adult programs, and adult secondary programs; and
Whereas, The language in Title 5 §58003.3 does not align with the criteria of AB 540 (Firebaugh, 2001)[2] that provide for specific undocumented students to attend community college at in-state rates and qualify for state aid, but may block access for undocumented students to noncredit programs and not allow undocumented students the same access as their credit counterparts which creates inequality in the California Community College System;
Resolved, That the Academic Senate for California Community Colleges strongly support access to noncredit instruction for undocumented students and urge that Title 5 §58003.3 be repealed; and
Resolved, That the Academic Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office and system partners to repeal Title 5 §58003.3 as soon as practicable.
MSC
[1] Section 58003.3 is found at https://govt.westlaw.com/calregs/Document/IC6B967A0B6CB11DFB199EEE3FF08959C?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default).
[2] The text of AB 540 is found at http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200120020AB540.