Bill Text: CA SB150 | 2013-2014 | Regular Session | Chaptered


Bill Title: Pupils: concurrent enrollment in secondary school and community college: nonresident tuition exemption.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 575, Statutes of 2013. [SB150 Detail]

Download: California-2013-SB150-Chaptered.html
BILL NUMBER: SB 150	CHAPTERED
	BILL TEXT

	CHAPTER  575
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2013
	APPROVED BY GOVERNOR  OCTOBER 5, 2013
	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  JULY 1, 2013
	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  MARCH 14, 2013

INTRODUCED BY   Senator Lara
   (Coauthors: Assembly Members Alejo, Ian Calderon, Fong, and
Garcia)

                        JANUARY 31, 2013

   An act to amend Section 76140 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 150, Lara. Pupils: concurrent enrollment in secondary school
and community college: nonresident tuition exemption.
   Existing law authorizes the governing board of a school district
to allow pupils whom the school district has determined would benefit
from advanced scholastic or vocational work to attend a community
college as special part-time or full-time students, as specified.
Existing law authorizes community college governing boards to exempt
these special part-time students from paying the $46 per unit per
semester enrollment fee.
   This bill would authorize a community college district to exempt a
pupil attending a community college as a special part-time student
from paying nonresident tuition at the community college.
   This bill would incorporate changes to this provision proposed by
both this bill and SB 141, contingent on the prior enactment of that
bill, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 76140 of the Education Code, as added by
Section 66 of Chapter 38 of the Statutes of 2012, is amended to read:

   76140.  (a) A community college district may admit and shall
charge a tuition fee to nonresident students. The district may exempt
from all or parts of the fee any person described in paragraph (1),
(2), (3), or (4):
   (1) All nonresidents who enroll for six or fewer units. Exemptions
made pursuant to this paragraph shall not be made on an individual
basis.
   (2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
   (3) (A) A student who, as of August 29, 2005, was enrolled, or
admitted with an intention to enroll, in the fall term of the 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
   (B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
   (C) This paragraph shall apply only to the 2005-06 academic year.
   (4) A special part-time student admitted pursuant to Section
76001.
   (b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
   (c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (j) or another statute, in which case a
nonresident tuition fee may not be charged.
   (d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
   (e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
   (A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
   (B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
   (C) An amount not to exceed the fee established by the governing
board of any contiguous district.
   (D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
   (E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
   (2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
   (f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
   (g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
   (h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
   (i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
   (j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3) of
subdivision (a), from the mandatory fee requirement described in
subdivision (a) for nonresident students may be reported as resident
FTES for state apportionment purposes. Any nonresident student
reported as resident FTES for state apportionment purposes pursuant
to subdivision (h) or (i) shall pay a per unit fee that is three
times the amount of the fee established for residents pursuant to
Section 76300. That fee is to be included in the FTES adjustments
described in Section 76300 for purposes of computing apportionments.
  SEC. 1.5.  Section 76140 of the Education Code, as added by Section
66 of Chapter 38 of the Statutes of 2012, is amended to read:
   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), (3), or (4), and shall
exempt from all of the fee any person described in paragraph (5):
   (1) All nonresidents who enroll for six or fewer units. Exemptions
made pursuant to this paragraph shall not be made on an individual
basis.
   (2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
   (3) (A) A student who, as of August 29, 2005, was enrolled, or
admitted with an intention to enroll, in the fall term of the 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
   (B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
   (C) This paragraph shall apply only to the 2005-06 academic year.
   (4) A special part-time student admitted pursuant to Section
76001.
   (5) A nonresident student who is a United States citizen who
resides in a foreign country, if that nonresident meets all of the
following requirements:
   (A) Demonstrates a financial need for the exemption.
   (B) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
   (C) Moved abroad as a result of the deportation or voluntary
departure specified in subparagraph (B).
   (D) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
   (E) Attended a public or private secondary school, as described in
Sections 52 and 53, in the state for three or more years. The
student shall provide documents that demonstrate his or her secondary
school attendance.
   (F) Upon enrollment, will be in his or her first academic year as
a matriculated student in California public higher education, as that
term is defined in subdivision (a) of Section 66010, will be living
in California, and will file an affidavit with the institution
stating that he or she intends to establish residency in California
as soon as possible.
   (b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
   (c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (j) or another statute, in which case a
nonresident tuition fee may not be charged.
   (d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
   (e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
   (A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
   (B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
   (C) An amount not to exceed the fee established by the governing
board of any contiguous district.
   (D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
   (E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
   (2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
   (f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
   (g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
   (h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
   (i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
   (j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or
(5) of subdivision (a), from the mandatory fee requirement described
in subdivision (a) for nonresident students may be reported as
resident FTES for state apportionment purposes. Any nonresident
student reported as resident FTES for state apportionment purposes
pursuant to subdivision (h) or (i) shall pay a per unit fee that is
three times the amount of the fee established for residents pursuant
to Section 76300. That fee is to be included in the FTES adjustments
described in Section 76300 for purposes of computing apportionments.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 76140 of the Education Code proposed by both this bill and
Senate Bill 141. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 76140 of the Education Code, and (3) this bill is
enacted after Senate Bill 141, in which case Section 1 of this bill
shall not become operative.                        
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