Bill Text: CA AB2364 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public postsecondary education: community colleges: exemption from nonresident tuition.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 299, Statutes of 2016. [AB2364 Detail]
Download: California-2015-AB2364-Chaptered.html
BILL NUMBER: AB 2364 CHAPTERED
BILL TEXT
CHAPTER 299
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2016
APPROVED BY GOVERNOR SEPTEMBER 12, 2016
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY JUNE 1, 2016
AMENDED IN ASSEMBLY APRIL 7, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Members Holden and Gipson
FEBRUARY 18, 2016
An act to amend Sections 76004 and 76140 of the Education Code,
relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2364, Holden. Public postsecondary education: community
colleges: exemption from nonresident tuition.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts throughout the state, and authorizes them to operate
campuses and provide instruction to students. Existing law authorizes
community college districts to admit nonresident students, and
requires that nonresident students be charged a nonresident tuition
fee unless an exemption is applicable. Existing law authorizes a
community college district to exempt from all or parts of the fee a
special part-time student admitted pursuant to a specified concurrent
or dual enrollment program.
This bill instead would require a community college district to
exempt a special part-time student, other than a nonimmigrant alien,
as defined, from paying all or parts of the fee if that student is
admitted pursuant to one of additionally specified concurrent or dual
enrollment programs. Because the bill would require community
college districts to determine whether students qualify for exemption
from nonresident tuition, it would constitute a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76004 of the Education Code is amended to read:
76004. Notwithstanding Section 76001 or any other law:
(a) The governing board of a community college district may enter
into a College and Career Access Pathways (CCAP) partnership with the
governing board of a school district for the purpose of offering or
expanding dual enrollment opportunities for students who may not
already be college bound or who are underrepresented in higher
education, with the goal of developing seamless pathways from high
school to community college for career technical education or
preparation for transfer, improving high school graduation rates, or
helping high school pupils achieve college and career readiness.
(b) A participating community college district may enter into a
CCAP partnership with a school district partner that is governed by a
CCAP partnership agreement approved by the governing boards of both
districts. As a condition of, and before adopting, a CCAP partnership
agreement, the governing board of each district, at an open public
meeting of that board, shall present the dual enrollment partnership
agreement as an informational item. The governing board of each
district, at a subsequent open public meeting of that board, shall
take comments from the public and approve or disapprove the proposed
agreement.
(c) (1) The CCAP partnership agreement shall outline the terms of
the CCAP partnership and shall include, but not necessarily be
limited to, the total number of high school students to be served and
the total number of full-time equivalent students projected to be
claimed by the community college district for those students; the
scope, nature, time, location, and listing of community college
courses to be offered; and criteria to assess the ability of pupils
to benefit from those courses. The CCAP partnership agreement shall
also establish protocols for information sharing, in compliance with
all applicable state and federal privacy laws, joint facilities use,
and parental consent for high school pupils to enroll in community
college courses.
(2) The CCAP partnership agreement shall identify a point of
contact for the participating community college district and school
district partner.
(3) A copy of the CCAP partnership agreement shall be filed with
the office of the Chancellor of the California Community Colleges and
with the department before the start of the CCAP partnership. The
chancellor may void any CCAP partnership agreement it determines has
not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP
partnership shall not provide physical education course opportunities
to high school pupils pursuant to this section or any other course
opportunities that do not assist in the attainment of at least one of
the goals listed in subdivision (a).
(e) A community college district shall not enter into a CCAP
partnership with a school district within the service area of another
community college district, except where an agreement exists, or is
established, between those community college districts authorizing
that CCAP partnership.
(f) A high school pupil enrolled in a course offered through a
CCAP partnership shall not be assessed any fee that is prohibited by
Section 49011.
(g) A community college district participating in a CCAP
partnership may assign priority for enrollment and course
registration to a pupil seeking to enroll in a community college
course that is required for the pupil's CCAP partnership program that
is equivalent to the priority assigned to a pupil attending a middle
college high school as described in Section 11300 and consistent
with middle college high school provisions in Section 76001.
(h) The CCAP partnership agreement shall certify that any
community college instructor teaching a course on a high school
campus has not been convicted of any sex offense as defined in
Section 87010, or any controlled substance offense as defined in
Section 87011.
(i) The CCAP partnership agreement shall certify that any
community college instructor teaching a course at the partnering high
school campus has not displaced or resulted in the termination of an
existing high school teacher teaching the same course on that high
school campus.
(j) The CCAP partnership agreement shall certify that a qualified
high school teacher teaching a course offered for college credit at a
high school campus has not displaced or resulted in the termination
of an existing community college faculty member teaching the same
course at the partnering community college campus.
(k) The CCAP partnership agreement shall include a certification
by the participating community college district of all of the
following:
(1) A community college course offered for college credit at the
partnering high school campus does not reduce access to the same
course offered at the partnering community college campus.
(2) A community college course that is oversubscribed or has a
waiting list shall not be offered in the CCAP partnership.
(3) Participation in a CCAP partnership is consistent with the
core mission of the community colleges pursuant to Section 66010.4,
and that pupils participating in a CCAP partnership will not lead to
enrollment displacement of otherwise eligible adults in the community
college.
(l) The CCAP partnership agreement shall certify that both the
school district and community college district partners comply with
local collective bargaining agreements and all state and federal
reporting requirements regarding the qualifications of the teacher or
faculty member teaching a CCAP partnership course offered for high
school credit.
(m) The CCAP partnership agreement shall specify both of the
following:
(1) Which participating district will be the employer of record
for purposes of assignment monitoring and reporting to the county
office of education.
(2) Which participating district will assume reporting
responsibilities pursuant to applicable federal teacher quality
mandates.
(n) The CCAP partnership agreement shall certify that any remedial
course taught by community college faculty at a partnering high
school campus shall be offered only to high school students who do
not meet their grade level standard in math, English, or both on an
interim assessment in grade 10 or 11, as determined by the partnering
school district, and shall involve a collaborative effort between
high school and community college faculty to deliver an innovative
remediation course as an intervention in the student's junior or
senior year to ensure the student is prepared for college-level work
upon graduation.
(o) (1) A community college district may limit enrollment in a
community college course solely to eligible high school students if
the course is offered at a high school campus during the regular
school day and the community college course is offered pursuant to a
CCAP partnership agreement.
(2) For purposes of allowances and apportionments from Section B
of the State School Fund, a community college district conducting a
closed course on a high school campus pursuant to paragraph (1) of
subdivision (p) shall be credited with those units of full-time
equivalent students attributable to the attendance of eligible high
school pupils.
(p) A community college district may allow a special part-time
student participating in a CCAP partnership agreement established
pursuant to this article to enroll in up to a maximum of 15 units per
term if all of the following circumstances are satisfied:
(1) The units constitute no more than four community college
courses per term.
(2) The units are part of an academic program that is part of a
CCAP partnership agreement established pursuant to this article.
(3) The units are part of an academic program that is designed to
award students both a high school diploma and an associate degree or
a certificate or credential.
(q) The governing board of a community college district
participating in a CCAP partnership agreement established pursuant to
this article shall exempt special part-time students described in
subdivision (p) from the fee requirements in Sections 76060.5, 76223,
76300, 76350, and 79121.
(r) A district shall not receive a state allowance or
apportionment for an instructional activity for which the partnering
district has been, or shall be, paid an allowance or apportionment.
(s) The attendance of a high school pupil at a community college
as a special part-time or full-time student pursuant to this section
is authorized attendance for which the community college shall be
credited or reimbursed pursuant to Section 48802 or 76002, provided
that no school district has received reimbursement for the same
instructional activity.
(t) (1) For each CCAP partnership agreement entered into pursuant
to this section, the affected community college district and school
district shall report annually to the office of the Chancellor of the
California Community Colleges all of the following information:
(A) The total number of high school pupils by schoolsite enrolled
in each CCAP partnership, aggregated by gender and ethnicity, and
reported in compliance with all applicable state and federal privacy
laws.
(B) The total number of community college courses by course
category and type and by schoolsite enrolled in by CCAP partnership
participants.
(C) The total number and percentage of successful course
completions, by course category and type and by schoolsite, of CCAP
partnership participants.
(D) The total number of full-time equivalent students generated by
CCAP partnership community college district participants.
(2) On or before January 1, 2021, the chancellor shall prepare a
summary report that includes an evaluation of the CCAP partnerships,
an assessment of trends in the growth of special admits systemwide
and by campus, and, based upon the data collected pursuant to this
section, recommendations for program improvements, including, but not
necessarily limited to, both of the following:
(A) Any recommended changes to the statewide cap on special admit
full-time equivalent students to ensure that adults are not being
displaced.
(B) Any recommendation concerning the need for additional student
assistance or academic resources to ensure the overall success of the
CCAP partnerships.
(3) The chancellor shall ensure that the number of full-time
equivalent students generated by CCAP partnerships is reported
pursuant to the reporting requirements in Section 76002.
(u) The annual report required by subdivision (t) shall also be
transmitted to all of the following:
(1) The Legislature, in compliance with Section 9795 of the
Government Code.
(2) The Director of Finance.
(3) The Superintendent.
(v) A community college district that violates this article,
including, but not necessarily limited to, any restriction imposed by
the board of governors pursuant to this article, shall be subject to
the same penalty as may be imposed pursuant to subdivision (d) of
Section 78032.
(w) The statewide number of full-time equivalent students claimed
as special admits shall not exceed 10 percent of the total number of
full-time equivalent students claimed statewide.
(x) Nothing in this section is intended to affect a dual
enrollment partnership agreement existing on the effective date of
this section under which an early college high school, a middle
college high school, or California Career Pathways Trust existing on
the effective date of this section is operated. An early college high
school, middle college high school, or California Career Pathways
Trust partnership agreement existing on the effective date of this
section shall not operate as a CCAP partnership unless it complies
with the provisions of this section.
(y) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 2. Section 76140 of the Education Code, as amended by Section
2.5 of Chapter 576 of the Statutes of 2013, 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), or (3), and shall exempt
from all of the fee any person described in paragraph (4) or (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, other than a nonimmigrant alien
within the meaning of paragraph (15) of subsection (a) of Section
1101 of Title 8 of the United States Code, admitted pursuant to
Section 76001, 76003, or 76004.
(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),
(4), 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. 3. Section 76140 of the Education Code, as amended by Section
1 of Chapter 657 of the Statutes of 2015, 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 (6), and shall
exempt from all of the fee any person described in paragraph (4) or
(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, other than a nonimmigrant alien
within the meaning of paragraph (15) of subsection (a) of Section
1101 of Title 8 of the United States Code, admitted pursuant to
Section 76001, 76003, or 76004.
(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.
(6) (A) A student who attends Lake Tahoe Community College and who
has residence, pursuant to subparagraph (B), in one of the following
communities in Nevada:
(i) Incline Village.
(ii) Kingsbury.
(iii) Round Hill.
(iv) Skyland.
(v) Stateline.
(vi) Zephyr Cove.
(B) Residence shall be determined pursuant to Article 5
(commencing with Section 68060) of Chapter 1 of Part 41 of Division
5. A person shall have residence in one of the communities listed in
subparagraph (A) if the person has lived in the community for more
than one year immediately prior to seeking the fee exemption pursuant
to this paragraph.
(C) The governing board of the Lake Tahoe Community College
District shall adopt rules and regulations for determining a student'
s residence classification and for establishing procedures for an
appeal and review of the residence classification. No more than 200
students shall be exempted from payment of a nonresident tuition fee
under this paragraph in any academic year.
(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 Colleges 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),
(4), (5), or (6) 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 who is exempt pursuant to paragraph (6) of subdivision (a),
or 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.
(k) This section shall become inoperative on July 1, 2022, and, as
of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 76140 of the Education Code, as added by Section 2
of Chapter 657 of the Statutes of 2015, 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), or (3), and shall exempt
from all of the fee any person described in paragraph (4) or (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, other than a nonimmigrant alien
within the meaning of paragraph (15) of subsection (a) of Section
1101 of Title 8 of the United States Code, admitted pursuant to
Section 76001, 76003, or 76004.
(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 Colleges 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),
(4), 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.
(k) This section shall become operative on July 1, 2022.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
