Bill Text: CA AB1370 | 2015-2016 | Regular Session | Amended
Bill Title: Public postsecondary education: student residency.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1370 Detail]
Download: California-2015-AB1370-Amended.html
BILL NUMBER: AB 1370 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Members Medina and Beth Gaines
FEBRUARY 27, 2015
An act to amend Sections 68051 and 68052 of, and to add
Sections 68052.1 and 68052.2 to, add Section 68052.1
to the Education Code, relating to public postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1370, as amended, Medina. Public postsecondary education:
student residency.
Existing law expresses the intent of the Legislature that the
University of California and the California State University
establish nonresident student tuition policies that are consistent
with their resident student fee policies. Existing law provides that
nonresident student tuition shall be determined by each of these
public postsecondary segments through the adoption of a methodology
that annually establishes the nonresident student tuition rate. These
provisions are applicable to the University of California only if
the Regents of the University of California act, by resolution, to
make them applicable.
Existing law expresses the intent of the Legislature that the
California Postsecondary Education Commission annually review
specified data with respect to making comparisons between the
California postsecondary educational segments and the postsecondary
educational systems of 7 specified major industrial states. The
commission has not been funded in recent fiscal years.
This bill would delete the expression of legislative intent
relating to the establishment of nonresident student tuition policies
at the University of California and the California State University
that are consistent with resident student fee policies. The bill
would instead require that nonresident student tuition be determined
by each of these segments through the adoption of a methodology that
annually establishes the nonresident student tuition at each campus
of the segment.
The bill would require that under no circumstances shall the level
of nonresident tuition plus required student fees charged by a
campus fall below the marginal cost of instruction for that campus.
The
This bill would also
require that that, on or before the 2018-19
academic year, and each academic year thereafter, not less than
50% of the revenues, revenues in
excess of the marginal cost of instruction,
instruction generated from undergraduate nonresident enrollment
be directed to fund increased enrollment for undergraduate resident
students at all campuses of the university with undergraduate
students .
The bill would prohibit the total number of
undergraduate nonresident students enrolled at any campus
all of the campuses of the University of
California from exceeding 10% of the
total number of undergraduate student enrollment.
The bill would further prohibit, from March 1, 2016, to July 1, 2021,
inclusive, any campus of the University of California at which
undergraduate nonresident enrollment exceeds 10% of total
undergraduate student enrollment as of March 1, 2016, from increasing
the enrollment of undergraduate nonresident students from the
percentage of those students enrolled at that campus on March 1,
2016. nonresident students enrolled in the 2015-16
academic year. The bill would require the University of
California to annually publish a report including specified data
about the revenues generated by undergraduate nonresident student
enrollment, and to provide for equitable distribution of
those revenues among the campuses enrollment .
This bill, notwithstanding the existing provision that would make
this bill applicable to the University of California only upon the
action of the regents, and notwithstanding any other law, would
prohibit the regents from allocating any state funds appropriated to
the University of California in the annual Budget Act or another
statute to a campus of the University of California unless the campus
is in compliance with this bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68051 of the Education Code
is amended to read:
68051. In accordance with Section 68052, the governing board or
district governing board shall calculate the amount of nonresident
tuition, the method of payment, and the method and amount of refund.
SEC. 2. Section 68052 of the Education Code is
amended to read:
68052. (a) Nonresident student tuition shall be determined by
each of the public postsecondary segments through the adoption of a
methodology that annually establishes the nonresident student tuition
rate at each campus of that segment.
(b) The following state policies regarding nonresident student
tuition are hereby established:
(1) Unless otherwise prescribed by statute, an admission fee and
rate of tuition for each campus, fixed by each public postsecondary
governing board, shall be required of each nonresident student. Each
public postsecondary education governing body shall develop its own
methodology for establishing the nonresident tuition level and its
annual adjustment of nonresident student tuition at each campus,
unless otherwise prescribed by statute.
(2) As California's public postsecondary education segments
annually adjust the level of nonresident tuition they charge
out-of-state students, the nonresident tuition methodologies they
develop and use shall take into consideration both of the following
factors:
(A) For each campus of the University of California and the
California State University, the total nonresident charges imposed by
each of their comparison institutions, as identified by the
California Postsecondary Education Commission or a successor agency.
(B) The full average cost of instruction for that segment.
(3) Under no circumstances shall the level of nonresident tuition
plus required student fees charged by a campus fall below the
marginal cost of instruction for that campus.
(4) The University of California, the California State University,
the Hastings College of the Law, and the California Maritime Academy
should endeavor to ensure that increases in the level of nonresident
tuition are predictable by providing nonresident students with an
appropriate notice of tuition increases.
(5) An amount not less than 50 percent of the revenues in excess
of the marginal cost of instruction, generated from undergraduate
nonresident enrollment, shall be directed to fund increased
enrollment of undergraduate resident students.
(c) No provision of this section shall be applicable to the
California Community Colleges.
SEC. 3. SECTION 1. Section 68052.1
is added to the Education Code, to read:
68052.1. (a) (1)
Except as provided in paragraph (2), the
The total number of undergraduate nonresident
students enrolled at any campus all of the
campuses of the University of California shall not exceed
10 percent of the total number of
undergraduate student enrollment.
nonresident students enrolled in the 2015-16 academic year.
(2) From March 1, 2016, to July 1, 2021, inclusive, any campus of
the University of California at which undergraduate nonresident
enrollment exceeds 10 percent of total student enrollment as of March
1, 2016, is prohibited from increasing the enrollment of
undergraduate nonresident students from the percentage of those
students enrolled at that campus on March 1, 2016.
(b) The University of California shall establish a revenue sharing
agreement pursuant to which revenues generated by undergraduate
nonresident student enrollment are distributed equitably to each
campus of the university.
(b) On or before the 2018-19 academic year, and each academic year
thereafter, an amount not less than 50 percent of the revenues in
excess of the marginal cost of instruction, generated from
undergraduate nonresident enrollment, shall be directed to fund
increased enrollment of undergraduate resident students at all
campuses of the university with undergraduate students.
(c) The University of California shall annually publish a
report, including, report that includes, but
is not necessarily limited to, all of the following
information:
(1) The undergraduate nonresident tuition and fee level
established at each campus.
(2)
(1) The amount of revenues generated by undergraduate
nonresident enrollment at each campus.
(3)
(2) The method by which these revenues were distributed
among the various campuses of the university.
(4)
(3) For each campus, the purposes for which these
revenues were expended, including, but not limited to, the number of
California resident undergraduate students admitted pursuant to
paragraph (5) of subdivision (b) of Section 68052.
subdivision (b).
SEC. 4. Section 68052.2 is added to the
Education Code, to read:
68052.2. Notwithstanding Section 68134 or any other law, the
Regents of the University of California shall not allocate any state
funds appropriated to the University of California in the annual
Budget Act or another statute to a campus of the University of
California unless the campus is in compliance with this article.
