BILL NUMBER: AB 368 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Morrell
FEBRUARY 14, 2013
An act to amend Section 42238.5 Sections
68074, 68075, and 68075.5 of the Education Code, relating to
education finance public postsecondary
education .
LEGISLATIVE COUNSEL'S DIGEST
AB 368, as amended, Morrell. Education finance:
computation of average daily attendance. Public
postsecondary education: resident classification.
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.
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.
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.
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.
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.
This bill would make nonsubstantive changes to the provision
relating to the computation of average daily attendance.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68074 of the
Education Code is amended to read:
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 stationed in this state
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, (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)
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.
(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.
SEC. 2. Section 68075 of the Education
Code is amended to read:
68075. (a) A student who is a member of the Armed Forces of the
United States stationed in this state , as
defined in subdivision (c) of Section 68074, 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 so
long as he or she remains continuously enrolled at that institution
.
SEC. 3. Section 68075.5 of the
Education Code is amended to read:
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
stationed in this state , as defined in
subdivision (c) of Section 68074, 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 stationed in this state 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.
SEC. 4. 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.
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.
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.