Bill Text: CA AB1370 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1370 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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  APRIL 22, 2015

INTRODUCED BY   Assembly  Member   Medina
  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, 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  total nonresident charges imposed by
each of their comparison institutions, as identified by the
California Postsecondary Education Commission or a successor agency.
  marginal cost of instruction for that campus. 
The bill would also require that  an unspecified percentage
  not less than 50%  of the  revenues
  revenues, in excess of the marginal cost of
instruction,  generated from  undergraduate 
nonresident enrollment be directed to  financial aid programs
for   fund increased enrollment for undergraduate 
resident students.
   The bill would prohibit the number of  undergraduate 
nonresident students enrolled at any campus of the University of
California from exceeding 10% of total  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  the operative date of the bill
  March 1, 2016,  from increasing the enrollment of
 undergraduate  nonresident students from the 
amount   percentage  of those students enrolled at
that campus on  that date.   March 1, 2016.
 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. 
   The bill would declare that, 
    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
 would not be deemed to be authorized by the State of
California for purposes of its students receiving federal financial
aid  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  level  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 be based, at a minimum, on the total
nonresident charges imposed by each of their comparison institutions,
as identified by the California Postsecondary Education Commission
or a successor agency.   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 total nonresident charges imposed by its comparison institutions,
as identified by the California Postsecondary Education Commission
or a successor agency.   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)  __ percent of the revenues generated from 
 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 
financial aid programs for   fund increased enrollment
of undergraduate  resident students.
   (c) No provision of this section shall be applicable to the
California Community Colleges.
  SEC. 3.  Section 68052.1 is added to the Education Code, to read:
   68052.1.  (a)  The   (1)   
 Except as provided in paragraph (2), the  number of 
undergraduate  nonresident students enrolled at any campus of
the University of California shall not exceed 10 percent of total
 undergraduate  student enrollment.  Any 
    (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  the operative date
of the act that adds this section   March 1, 2016,
 is prohibited from increasing the enrollment of 
undergraduate  nonresident students from the  amount
  percentage  of those students enrolled at that
campus on  that date.   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.
   (c) The University of California shall annually publish a report,
including, but not necessarily limited to, all of the following
information: 
   (1) The undergraduate nonresident tuition and fee level
established at each campus.  
   (1) 
    (2)  The amount of revenues generated by 
undergraduate  nonresident enrollment at each campus. 
   (2) 
    (   3)  The method by which these revenues were
distributed among the various campuses of the university. 
   (3) 
    (   4)  For each campus, the purposes for which
these revenues were  expended.   expended,
including, but not limited to, the number of California resident
undergraduate students admitted pursuant to paragraph (5) of
subdivision (b) of Section 68052. 
  SEC. 4.  Section 68052.2 is added to the Education Code, to read:
   68052.2.  Notwithstanding Section  68134,  
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  shall not be deemed
to be authorized by the State of California for purposes of Title IV
of the federal Higher Education Act  unless the campus is in
compliance with this article.