Summary
SB-67 will ensure equitable access to California’s higher education for California’s military families by specifying that their dependents are eligible for Cal Grant awards even if they graduate from an out-of-state high school.
Background
The Cal Grant program is the state’s largest financial aid program and is intended to help students cover college costs. Cal Grant eligibility criteria includes having a U.S. citizenship, California residence, not being in default on any student loans, and not being incarcerated.
However, this criteria fails to capture California’s military families who are stationed out of state but hold legal residence in California. The Stuttgart Law Center, which provides legal support to members of the U.S. military stationed at United States Army Garrison Stuttgart states that a service member’s legal residence is “the place where, although you may leave for military duty, you intend to return.” This intent to return can be established by getting a driver’s license or registering a vehicle in the state of legal residence (SLR), paying taxes in the SLR, establishing a permanent physical address in the SLR, and filing a DD Form 2058, State of Legal Residence Certificate. Due to the requirements of service, military members may have "legal residence" in one state but be stationed in another state.
Under current law, if you are a dependent of a military member and have temporarily moved outside of California due to official orders, you are not eligible for Cal Grants, even if your parents maintain a California residence and continue to pay income and property taxes to the state. This oversight in existing law creates inequitable higher education access for California families who have made a tremendous sacrifice to serve our country on active duty.
Proposal
SB-67 would ensure dependents of active duty military members are eligible for a Cal Grant, even if they graduate from a high school outside of California, as long as the active duty service member maintains California as their legal residence and the dependents meet all other eligibility requirements.