While the intention of this bill is laudatory, the prospect of a free college education might be enough of an enticement to motivate some to make false accusations. While we might take some comfort in that law enforcement and the courts might ferret out false accusations, it must be recognized that the mere accusation of a sex crime is enough to destroy lives and ruin reputations. Might there be a better way to assist victims? Maybe funding for counseling or mental health services. Something that would still assist victims without attracting scammers.

Wow. Falsely accuse someone of a sex offense against your child, get them convicted; free college and counseling! I recognize the intent of this bill, it is often very hard for victims to get their lives going, and they deserve help, but this bill would certainly be abused.

The bill is discriminatory. It favors a victim who wants to attend college, disregarding those who find that choice neither wise financially nor a benefit in their career field. The bill incorrectly exacts restitution from universities and taxpayers, neither of whom committed the offense.

My name is Patrick McKenna and I am an Attorney and the President of the Virginia Coalition Against Human Trafficking (VCAHT), an alliance of service providers, attorneys, survivor-advocates, and community members on a mission to remove barriers preventing survivors from achieving a full and healthy life through public awareness campaigns, policy reform and enacting survivor-centered human trafficking legislation. The member organizations represented within VCAHT are working with 100's of survivors throughout the Commonwealth of Virginia. First VCAHT wishes to thank the members of the Subcommittee for this opportunity to present its position on House Bill HB1975 and it also wishes to thank Del. Rush for his concern for those victimized by the criminal activity outlined in the bill and his efforts to address these abuses and provide critical tools for the healing journey of those who have been victimized by these crimes through the mechanisms provided in the proposed legislation. The bill does this in a two fold manner. First, it provides for free counseling to help survivors address the affects of the severe trauma that they have experienced, which in the case of a sex trafficking survivors would include hundreds of incidents of rape and sexual abuse leading to multiple mental health issues such as complex PTSD, severe anxiety, depression and other maladies. Without this counseling, successfully navigating the rigors of academic challenges would make success in these academic and vocational pursuits extremely challenging at best and prone to failure at worst. With the academic performance called for to continue to maintain eligibility under the proposed legislation, it is all the more important that such counseling be made available to the survivor in order to help insure the survivor's success in completing their program. Second, but also very important, is that it provides financial help to those who have been victimized through the waiving of tuition and mandatory fees thereby allowing the survivors to focus on education rather than the stressors of paying for it and thereby helping to minimize impact on previous traumatic experiences and promoting their success in completing the education so necessary to their continued healing and future goals. Both provisions signal to the survivor that we believe in them and wish to do what we can to help and support them in their healing process and obtain success in the future. VCAHT would like to see the number of survivors who might be helped by this legislation expanded to include those who are up to age 21 to account for those being victimized who may have aged out of foster care and are and were still extremely vulnerable to being abused through sex trafficking and the other abuses listed. However, because the bill will help some of those survivors who have been victimized, VCAHT strongly supports this legislation and is asking the Committee to vote in favor of passing the bill to the full Committee for consideration. Thank you for your time and consideration of VCAHT's position.

I am president of Safer Virginia, a criminal reform advocacy group. I had intended to speak on HB1930 and HB1975, but was stymied by this new remote participation process. I was unable to register to speak--I did not realize you had to register beforehand--therefore, I leave my comments and concerns here in hopes that they will be considered as these bills progress. HB1930: A criminal conviction should not be a societal death sentence, but too often organizations and employers shy away from admitting or hiring those with convictions out of fear of public vilification. Scholastic institutions are no different. But people with criminal convictions are very likely some of the greatest beneficiaries of additional education as they struggle to return to being productive in society. For that reason, we strongly support the aims of this bill, but highlight two points of concern we feel ought to be addressed. First, there's no definition for what a "threat to the institution's community" entails. Arguably any criminal conviction could be a "threat to the institution's community." This gives no ease of mind to an applicant with conviction because it is impossible for him or her to determine whether or not their admission will be rescinded. This problem also exacerbates the underlying issue because, by rejecting a person after they have been admitted, that person is now no longer able to pursue other academic opportunities from other institutions that they forewent. As a consequence, there's nothing stopping an institution from rescinding an acceptance to literally every student that it would have denied prior to this bill. How, then, does this bill actually address the issue if it can be essentially circumvented? Simply put, subsection (c) undoes any teeth this bill might have. We ask that the last sentence of subsection (c) be stricken ("Any public institution of higher education may withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution's community") or that "threat to the institution's community" be more precisely defined. HB1975: While we support the aims of this bill and feel compassions for those who have survived sexual assault, we have a grave concern about potential unintended consequences HB1975 may promote. By providing free tuition to those who are the victim of past sexual assault, it incentivizes unscrupulous individuals looking for a "free ride" to fabricate allegations. There is now a substantial monetary gain for victimhood--in some cases hundreds of thousands of dollars--that may prove enticing. While rare, false allegations already exist; it is worrisome how some may accuse a parent, a friend, a teacher, or literally innocent person of egregious conduct in order to benefit themselves. We urge the General Assembly to table this bill without a proper plan on how to address this problem. Thank you Zachary Jesse President, Safer Virginia 804-512-1239

On behalf of the Student Government Association at James Madison University, I Sara Comer would like to personally express why we believe this legislation is so important. My freshman year of college I was sexually assaulted by a dear friend of mine. I ran all the way home about a mile to get myself safe. Passing many police officers no one stopped to ask me if I was ok. As days passed I debated with myself on if I should file for a Title IX case, but from my experience with others I knew I would not have the ability to win. I cut my hair as I had huge gaps missing from my attacker pulling me back, I had bruises that stayed for months as a constant reminder of what had happened to me. I battled with my self worth, with my will to live, and also with my social anxiety. All things I still battle with today. I stayed silent out of fear that I would be blamed for my assault. I also was influenced by the high cost of court fees and hiring a lawyer. It would have drained any money I had for school and personal bills. This legislation is a great step to support survivors that are looking to continue with their lives and move toward successes in life such as attending university. As someone who struggled with mental health while also living with the fear of not having enough money to pay personal bills and tuition at the same time, this bill would help women and men who would be eligible for no cost counseling and tuition waivers. That is a huge weight that could be off so many peoples shoulders and could allow those to battle through their trauma and be the best students they can be. We should always help and protect those whom are victims of not only sexual assault crimes but also sex trafficking crimes. I hope that with my personal statement you will address this issue and see the major purpose of the benefits of this bill and how many lives that will be changed. I am going to shout from the rooftops until this piece of legislation is obtained. Please allow those who struggle financially to have the benefits of justice and of being able to move on with their lives and better themselves with an education. While I support this bill for all survivors under 18, I also implore you to consider a raise in the age requirement as many survivors of sexual violence, like myself, are students on college campuses and face these same burdens at an older age. Take this legislation a step further and provide financial relief to those of an older age carrying massive burdens many can’t even imagine. We also request that the pronouns are made more inclusive to include any gender and not just “he.”

The Attorney General supports this bill. I will be available to respond to any questions of a legal nature from the subcommittee. M. Elizabeth Griffin Senior Assistant Attorney General - Education Section megriffin@vcu.edu 804-335-8405

The Virginia Coalition for Immigrant Rights and it's 39 member organization fully endorse HB2123. Granting scholarship to undocumented students is the best way to provide a bright future for deserving students, and continue the pathway of retaining the innovation and talent in Virginia. We urge all members to support this HB2123.

We strongly support this legislation and we thank the patron for carrying it. To put it simply, we believe that people who are living, working, and seeking an education in Virginia are Virginians, regardless of their immigration status. This body saw fit to rightly grant these students in-state tuition eligibility last year, and if the law considers them in-state students then they should be eligible for Virginia's financial aid programs as well. Thank you.

Why should illegal immigrants get anything before our own minorities? They have needs, we should be looking at them first. Next, I've been privileged to have many legal immigrants who studied, paid, and worked very very hard to be an asset to this country. Out of respect for what they've done to us, they would come first before those who violate the law.

Edu-Futuro supports HB 2123 January 26, 2021 Contact: Jorge E. Figueredo, MPP, Executive Director jorge@edu-futuro.org • 703-472-3838 • Good afternoon, Chair and members of the Appropriations - Higher Education Subcommittee, my name is Jorge Figueredo, Executive Director of Edu-Futuro a nonprofit organization that for the past 23 years has delivered after-school programs from pre-k to 12th grade and a two-generation approach to assist low income, and immigrant families to break the cycle of poverty in one generation. We have education, leadership, case management, workforce development, and parent engagement after-school programs in Fairfax and Arlington counties, the City of Alexandria, and the City of Roanoke from pre-K to post-secondary, to assist low income, immigrant, and minority students to stay in school, graduate on time, go to college, and find their first professional jobs. • HB 2123, if approved by the legislators, will extend the same educational benefits to all Virginia students who are currently eligible for in-state tuition, including access to state financial aid programs and resources. This proposal builds upon HB 1547/SB935 that passed in the 2020 legislative session. • Education enables the integration of immigrants into society. JLARC found that immigrants need additional information on how to operate within the “American system.” Education provides the means to remedy this. Thus, access to state financial aid programs and resources to all Virginia students who are currently eligible for in-state tuition should be granted. • Educating young people benefits Virginia. College opportunities reduce dropout rates and quickly pays for itself. It is a benefit to society. Providing access to state financial aid programs to all high school students who qualify for in-state tuition allows them to stay focused on getting better grades during their college years. Based on our experience, attaining a college degree with the lowest possible amount of debt significantly impacts the stability of low-income families. • HB 2123 is an investment in Virginia’s future. A report by VCU found that more than 27,000 job vacancies in Virginia require at least an Associate’s degree (including 18,000 requiring a Bachelor’s degree). Odds of educational & economic success improve for the American-born citizen offspring of immigrants when parents are more highly educated. Equity in financial aid is about strengthening our workforce. It’s not about immigration status. It’s about enabling all of Virginia’s in-state tuition eligible students to access state financial aid programs and resources. Thank you, Jorge E. Figueredo, MPP Executive Director Edu-Futuro www.edu-futuro.org

The Administration supports this legislation. I am available to be online for any questions as necessary.

Dear subcommittee members and chair, My name is Caroline Silvera, and I’m with CASA Virginia. On behalf of CASA, a community-based organization that fights for equity and justice, our 10,000 members strongly support the passing of HB 2123. With some of the best public universities and school systems in the country, Virginia provides a quality education for its students. However, there are still steps we need to take to ensure that all Virginians, regardless of their citizenship status, receive every educational opportunity they need to succeed. Out of 494,000 undocumented Virginians, there is a large number of students who will not be eligible for in-state tuition under the current law. By 2060, Latinos will comprise 30% of the school-aged population in the United States. Therefore, the success of Latino immigrants is critical to the economic and social future of Virginia and this country. Although citizenship status is no longer a barrier for Virginians seeking in-state tuition, they are still not eligible for most forms of financial aid. With no financial aid, many non-citizens are deterred from pursuing higher education. As a resident of Prince William County where the largest student group is Hispanic, I have heard countless stories of those deterred by higher education costs due to their citizenship status. My former classmate worked hard for four years, taking Dual Enrollment classes, just to give up her spot at a state university because her citizenship status made her ineligible for financial aid. The more education someone obtains, the greater their salary becomes. Removing barriers to higher education and allowing more Virginians to pursue it thus contributes to the economy, as payroll tax revenue will become greater. At CASA, we believe this bill is necessary in providing educational equity to all and ensuring a strong future economy. HB 2123 will make our workforce more skilled, and our education system stronger. Supporting this bill is supporting our economy and all students of Virginia. Thank you.

Thank you for continuing the work of helping dreamers afford a college education and stay here in Virginia. The impact of passage of this bill will help so many Virginian's plan to stay in Virginia colleges and universities. We need their talent here.

The Virginia Education Association (VEA) supports HB 2123. We ask the committee to favorably report HB 2123. Thank you.

My name is Ashley Hernandez Estrada, a senior at the College of WIlliam & Mary representing WMFIRE, a student advocacy organization that supports all students, regardless of immigration status. Every day when speaking to students, the main concern we hear about is students’ ability to receive financial aid. House Bill 2123, in making financial aid accessible to all students eligible for in state tuition, would be an enormous step in opening the Commonwealth to countless more brilliant minds and alleviating a tremendous amount of stress on students that call Virginia home. Please vote yes on moving Bill 2123 forward.

Dear members of the Virginia General Assembly, I write to you today regarding VA HB 2123 to support the bill. I am currently a student at the College of William and Mary. I have always been told that hard work and persistence are key to attaining higher education. However, for many students this is not the case. Undocumented students may work as hard as they can but may never have the opportunity to pursue higher education because they are financially unable to. Therefore, it is crucial for all students to have access to Virginia educational benefits. The ability to achieve higher education can provide these students with better futures and end the racial/ethnic divide in higher education. If these students attend college, it can bring communities above the poverty line if they have access to the same financial assistance that other Virginian students receive. When these students graduate from college, they will not only have a better future, but will strengthen our workforce and economy. For these reasons, I urge you to approve this proposal. Thank you, Alayna Sepulveda

The Student Government Association at James Madison University was proud to advocate against the former requirement of having documented citizenship status to be eligible for in-state tuition in the Commonwealth. We did so because DACA students and all our peers that are immigrants to the United States are deserving of fair access to higher education institutions at a more affordable price. We should always be fighting to make higher education more affordable and while this is an ongoing effort, this legislation would afford students, who are currently being slighted, educational benefits that other in-state students already receive. This legislation needs to be passed to open doors to proper financial aid opportunities and allow an easier pathway to greater job opportunities in the future. Supporting this bill is supporting equitable access to education.

Dear subcommittee members and chair, My name is Caroline Silvera, and I’m with CASA Virginia. On behalf of CASA, a community-based organization that fights for equity and justice, our 10,000 members strongly support the passing of HB 2123. With some of the best public universities and school systems in the country, Virginia provides a quality education for its students. However, there are still steps we need to take to ensure that all Virginians, regardless of their citizenship status, receive every educational opportunity they need to succeed. Out of 494,000 undocumented Virginians, there is a large number of students who will not be eligible for in-state tuition under the current law. By 2060, Latinos will comprise 30% of the school-aged population in the United States. Therefore, the success of Latino immigrants is critical to the economic and social future of Virginia and this country. Although citizenship status is no longer a barrier for Virginians seeking in-state tuition, they are still not eligible for most forms of financial aid. With no financial aid, many non-citizens are deterred from pursuing higher education. As a resident of Prince William County where the largest student group is Hispanic, I have heard countless stories of those deterred by higher education costs due to their citizenship status. My former classmate worked hard for four years, taking Dual Enrollment classes, just to give up her spot at a state university because her citizenship status made her ineligible for financial aid. The more education someone obtains, the greater their salary becomes. Removing barriers to higher education and allowing more Virginians to pursue it thus contributes to the economy, as payroll tax revenue will become greater. At CASA, we believe this bill is necessary in providing educational equity to all and ensuring a strong future economy. HB 2123 will make our workforce more skilled, and our education system stronger. Supporting this bill is supporting our economy and all students of Virginia. Thank you.