Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 368

Introduced by Assembly Member Morrell

February 14, 2013

An act to amend begin delete Section 42238.5 end delete begin insert Sections 68074, 68075, and 68075.5 end insert of the Education Code, relating to begin delete education finance end delete begin insert public postsecondary education end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 368, as amended, Morrell. begin delete Education finance: computation of average daily attendance. end delete begin insert Public postsecondary education: resident classification. end insert

begin insert

Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Chancellor of the California Community Colleges.

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Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member, or a child or spouse who is a dependent of a member, of the Armed Forces of the United States stationed in the state on active duty, except as specified. Existing law also entitles a student who was a member of the Armed Forces stationed in the state on active duty for more than one year immediately prior to being discharged from the Armed Forces to resident classification for a certain length of time.

end insert begin insert

This bill would expand those residency classification provisions by deleting the provisions requiring the member of the Armed Forces to be stationed in the state, and by defining “Armed Forces of the United States” to include the National Guard and the reserve components of the Armed Forces, including the California National Guard. The bill would request the Regents of the University of California to establish the same residency requirements as those established by this bill for students enrolled at the University of California. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

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.

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Existing law requires the county superintendent of school to determine a revenue limit for each schools district in the county for each fiscal year that is based, in part, on the average daily attendance of the school district. Existing law requires, with certain exceptions, the average daily attendance to be computed based on the 2nd principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater.

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This bill would make nonsubstantive changes to the provision relating to the computation of average daily attendance.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 68074 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

68074.  

(a) A student who is a natural or adopted child,
stepchild, or spouse who is a dependent of a member of the Armed
Forces of the United States begin delete stationed in this state end delete on active duty is
entitled to resident classification only for the purpose of
determining the amount of tuition and fees.

(b) If that member of the Armed Forces of the United States,
whose dependent natural or adopted child, stepchild, or spouse is
in attendance at an institution, begin delete (1) is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the Armed Forces of the United States, or (2) end delete
is thereafter retired as an active member of the Armed Forces of
the United States, the student dependent shall not lose his or her
resident classification so long as he or she remains continuously
enrolled at that institution.

begin insert

(c) For purposes of this section, “Armed Forces of the United
States” means the Air Force, Army, Coast Guard, Marine Corps,
National Guard, Naval Militia, Navy, and the reserve components
of each of those forces, including the California National Guard.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 68075 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

68075.  

(a) A student who is a member of the Armed Forces
of the United States begin delete stationed in this state end delete begin insert , as defined in subdivision
(c) of Section 68074, end insert on active duty, except a member of the Armed
Forces assigned for educational purposes to a state-supported
institution of higher education, is entitled to resident classification
only for the purpose of determining the amount of tuition and fees.

(b) If that member of the Armed Forces of the United States
who is in attendance at an institution is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the Armed Forces of the United States, he or
she shall not lose his or her resident classification begin delete so long as he or
she remains continuously enrolled at that institution end delete .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 68075.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

68075.5.  

(a) Except as provided for in subdivisions (b) and
(c), a student who was a member of the Armed Forces of the United
States begin delete stationed in this state end delete begin insert , as defined in subdivision (c) of Section
68074, end insert on active duty for more than one year immediately prior
to being discharged shall be exempt from paying nonresident
tuition for the length of time he or she lives in this state after being
discharged up to the minimum time necessary to become a resident.

(b) (1) Except as provided for in subdivision (c), a community
college student who was a member of the Armed Forces of the
United States begin delete stationed in this state end delete on active duty for more than
one year immediately prior to being discharged shall be exempt
from paying nonresident tuition for up to one year if he or she files
an affidavit with the community college stating that he or she
intends to establish residency in California as soon as possible.

(2) The one year exemption provided in paragraph (1) shall be
used while the student lives in this state and within two years of
being discharged.

(c) A former member of the Armed Forces of the United States
who received a dishonorable or bad conduct discharge shall not
be eligible for an exemption pursuant to this section.

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begin insert SEC. 4. end insert   

end insert

begin insert The Legislature hereby requests the Regents of the
University of California to establish the same residency
classifications for students enrolled at the University of California
as those enacted by this act. end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 42238.5 of the Education Code is
amended to read:

42238.5.  

(a) For purposes of Section 42238, the fiscal year
average daily attendance shall be computed pursuant to paragraph
(1) or (2).

(1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater. However, prior fiscal year average daily attendance shall
be adjusted for a loss or gain of average daily attendance due to a
reorganization or transfer of territory, or, commencing in the
1993-94 fiscal year, for any change in average daily attendance
for pupils who are concurrently enrolled in adult programs and
classes pursuant to Section 52616.17.

(2) A school district that elects to receive funding pursuant to
Article 4 (commencing with Section 42280) shall compute its units
of average daily attendance for purposes of Section 42238 by
subtracting the amount determined in subparagraph (B) from the
amount determined in subparagraph (A).

(A) The units of average daily attendance computed pursuant
to paragraph (1).

(B) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).

(b) For purposes of this article, regular average daily attendance
shall be the base revenue limit average daily attendance, excluding
summer school average daily attendance.

(c) For purposes of this section, for the 1998-99 fiscal year
only, the prior year average daily attendance shall be the 1997-98
regular average daily attendance, excluding absences excused
pursuant to subdivision (b) of Section 46010, as that subdivision
read on July 1, 1996.

end delete