Amended in Senate April 25, 2013

Amended in Senate March 14, 2013

Senate BillNo. 150


Introduced by Senator Lara

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(Coauthors: Assembly Members Alejo and Ian Calderon)

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January 31, 2013


An act to amend Sectionbegin delete 48800end deletebegin insert 76140end insert of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 150, as amended, Lara. Pupils: concurrent enrollment in secondary school and community college: nonresident tuition exemption.

Existing law authorizes the governing board of a school district to allow pupils whom the school district has determined would benefit from advanced scholastic or vocational work to attend a community college as special part-time or full-time students, as specified.begin insert Existing law authorizes community college governing boards to exempt these special part-time students from paying the $46 per unit per semester enrollment fee.end insert

This bill wouldbegin insert authorize a community college district toend insert exempt abegin delete pupil, other than a nonimmigrant alien, as specified,end deletebegin insert pupilend insert attending a community college as a special part-time student from paying nonresident tuition at the community collegebegin delete if certain conditions are satisfiedend delete.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 76140 of the end insertbegin insertEducation Codeend insertbegin insert, as added
2by Section 66 of Chapter 38 of the Statutes of 2012, is amended
3to read:end insert

4

76140.  

(a) A community college district may admit and shall
5charge a tuition fee to nonresident students. The district may
6exempt from all or parts of the fee any person described in
7paragraph (1), (2),begin delete orend delete (3)begin insert, or (4)end insert:

8(1) All nonresidents who enroll for six or fewer units.
9Exemptions made pursuant to this paragraph shall not be made on
10an individual basis.

11(2) Any nonresident who is both a citizen and resident of a
12foreign country, if the nonresident has demonstrated a financial
13need for the exemption. Not more than 10 percent of the
14nonresident foreign students attending any community college
15district may be so exempted. Exemptions made pursuant to this
16paragraph may be made on an individual basis.

17(3) (A) A student who, as of August 29, 2005, was enrolled,
18or admitted with an intention to enroll, in the fall term of the
192005-06 academic year in a regionally accredited institution of
20higher education in Alabama, Louisiana, or Mississippi, and who
21could not continue his or her attendance at that institution as a
22direct consequence of damage sustained by that institution as a
23result of Hurricane Katrina.

24(B) The chancellor shall develop guidelines for the
25implementation of this paragraph. These guidelines shall include
26standards for appropriate documentation of student eligibility to
27the extent feasible.

28(C) This paragraph shall apply only to the 2005-06 academic
29year.

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30(4) A special part-time student admitted pursuant to Section
3176001.

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32(b) A district may contract with a state, a county contiguous to
33California, the federal government, or a foreign country, or an
34agency thereof, for payment of all or a part of a nonresident
35student’s tuition fee.

36(c) Nonresident students shall not be reported as full-time
37equivalent students (FTES) for state apportionment purposes,
P3    1except as provided by subdivision (j) or another statute, in which
2case a nonresident tuition fee may not be charged.

3(d) The nonresident tuition fee shall be set by the governing
4board of each community college district not later than February
51 of each year for the succeeding fiscal year. The governing board
6of each community college district shall provide nonresident
7students with notice of nonresident tuition fee changes during the
8spring term before the fall term in which the change will take
9effect. Nonresident tuition fee increases shall be gradual, moderate,
10and predictable. The fee may be paid in installments, as determined
11by the governing board of the district.

12(e) (1) The fee established by the governing board pursuant to
13subdivision (d) shall represent for nonresident students enrolled
14in 30 semester units or 45 quarter units of credit per fiscal year
15one or more of the following:

16(A) The amount that was expended by the district for the
17expense of education as defined by the California Community
18College Budget and Accounting Manual in the preceding fiscal
19year increased by the projected percent increase in the United
20States Consumer Price Index as determined by the Department of
21Finance for the current fiscal year and succeeding fiscal year and
22divided by the FTES (including nonresident students) attending
23in the district in the preceding fiscal year. However, if for the
24district’s preceding fiscal year FTES of all students attending in
25the district in noncredit courses is equal to, or greater than, 10
26percent of the district’s total FTES attending in the district, the
27district may substitute the data for expense of education in grades
2813 and 14 and FTES in grades 13 and 14 attending in the district.

29(B) The expense of education in the preceding fiscal year of all
30districts increased by the projected percent increase in the United
31States Consumer Price Index as determined by the Department of
32Finance for the fiscal year and succeeding fiscal year and divided
33by the FTES (including nonresident students) attending all districts
34during the preceding fiscal year. However, if the amount calculated
35under this paragraph for the succeeding fiscal year is less than the
36amount established for the current fiscal year or for any of the past
37four fiscal years, the district may set the nonresident tuition fee at
38the greater of the current or any of the past four-year amounts.

39(C) An amount not to exceed the fee established by the
40governing board of any contiguous district.

P4    1(D) An amount not to exceed the amount that was expended by
2the district for the expense of education, but in no case less than
3the statewide average as set forth in subparagraph (B).

4(E) An amount no greater than the average of the nonresident
5tuition fees of public community colleges of no less than 12 states
6that are comparable to California in cost of living. The
7determination of comparable states shall be based on a composite
8cost-of-living index as determined by the United States Department
9of Labor or a cooperating government agency.

10(2) The additional revenue generated by the increased
11nonresident tuition permitted under the amendments made to this
12subdivision during the 2009-10 Regular Session shall be used to
13expand and enhance services to resident students. In no event shall
14the admission of nonresident students come at the expense of
15resident enrollment.

16(f) The governing board of each community college district also
17shall adopt a tuition fee per unit of credit for nonresident students
18enrolled in more or less than 15 units of credit per term by dividing
19the fee determined in subdivision (e) by 30 for colleges operating
20on the semester system and 45 for colleges operating on the quarter
21system and rounding to the nearest whole dollar. The same rate
22shall be uniformly charged nonresident students attending any
23terms or sessions maintained by the community college. The rate
24charged shall be the rate established for the fiscal year in which
25the term or session ends.

26(g) Any loss in district revenue generated by the nonresident
27tuition fee shall not be offset by additional state funding.

28(h) Any district that has fewer than 1,500 FTES and whose
29boundary is within 10 miles of another state that has a reciprocity
30agreement with California governing student attendance and fees
31may exempt students from that state from the mandatory fee
32requirement described in subdivision (a) for nonresident students.

33(i) Any district that has more than 1,500, but less than 3,001,
34FTES and whose boundary is within 10 miles of another state that
35has a reciprocity agreement with California governing student
36attendance and fees may, in any one fiscal year, exempt up to 100
37FTES from that state from the mandatory fee requirement described
38in subdivision (a) for nonresident students.

39(j) The attendance of nonresident students who are exempted
40pursuant to subdivision (h) or (i), or pursuant to paragraph (3) of
P5    1subdivision (a), from the mandatory fee requirement described in
2subdivision (a) for nonresident students may be reported as resident
3FTES for state apportionment purposes. Any nonresident student
4reported as resident FTES for state apportionment purposes
5pursuant to subdivision (h) or (i) shall pay a per unit fee that is
6three times the amount of the fee established for residents pursuant
7to Section 76300. That fee is to be included in the FTES
8adjustments described in Section 76330 for purposes of computing
9apportionments.

10(k) This section shall become operative on July 1, 2013.

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11

SECTION 1.  

Section 48800 of the Education Code is amended
12to read:

13

48800.  

(a) The governing board of a school district may
14determine which pupils would benefit from advanced scholastic
15or vocational work. The intent of this section is to provide
16educational enrichment opportunities for a limited number of
17eligible pupils, rather than to reduce current course requirements
18of elementary and secondary schools, and also to help ensure a
19smoother transition from high school to college for pupils by
20providing them with greater exposure to the collegiate atmosphere.
21The governing board of the school district may authorize those
22pupils, upon recommendation of the principal of the pupil’s school
23of attendance, and with parental consent, to attend a community
24college during any session or term as special part-time or full-time
25students and to undertake one or more courses of instruction offered
26at the community college level.

27(b) If the governing board of the school district denies a request
28for special part-time or full-time enrollment at a community college
29for any session or term for a pupil who is identified as highly gifted,
30the governing board of the school district shall issue its written
31recommendation and the reasons for the denial within 60 days.
32The written recommendation and denial shall be issued at the next
33regularly scheduled board meeting that falls at least 30 days after
34the request has been submitted.

35(c) A pupil shall receive credit for community college courses
36that he or she completes at the level determined appropriate by the
37governing boards of the school district and community college
38district.

P6    1(d) (1) The principal of a school may recommend a pupil for
2community college summer session only if the pupil meets all of
3the following criteria:

4(A) Demonstrates adequate preparation in the discipline to be
5studied.

6(B) Exhausts all opportunities to enroll in an equivalent course,
7if any, at his or her school of attendance.

8(2) For any particular grade level, a principal shall not
9recommend for community college summer session attendance
10more than 5 percent of the total number of pupils who completed
11that grade immediately before the time of recommendation.

12(3) A high school pupil recommended by his or her principal
13for enrollment in a course shall not be included in the 5-percent
14limitation of pupils allowed to be recommended pursuant to
15paragraph (2) if the course in which the pupil is enrolled meets
16one of the criterion listed in subparagraphs (A) to (C), inclusive,
17and the high school principal who recommends the pupil for
18enrollment provides the Chancellor of the California Community
19Colleges, upon the request of the chancellor’s office, with the data
20required for purposes of paragraph (4).

21(A) The course is a lower division, college-level course for
22credit that is designated as part of the Intersegmental General
23Education Transfer Curriculum or applies toward the general
24education breadth requirements of the California State University.

25(B) The course is a college-level, occupational course for credit
26assigned a priority code of “A,” “B,” or “C,” pursuant to the
27Student Accountability Model, as defined by the Chancellor of the
28California Community Colleges and reported in the management
29information system, and the course is part of a sequence of
30vocational or career technical education courses leading to a degree
31or certificate in the subject area covered by the sequence.

32(C) The course is necessary to assist a pupil who has not passed
33the California High School Exit Examination (CAHSEE), does
34not offer college credit in English language arts or mathematics,
35and the pupil meets both of the following requirements:

36(i) The pupil is in his or her senior year of high school.

37(ii) The pupil has completed all other graduation requirements
38 before the end of his or her senior year, or will complete all
39remaining graduation requirements during a community college
P7    1summer session, which he or she is recommended to enroll in,
2following his or her senior year of high school.

3(4) On or before March 1 of each year, the Chancellor of the
4California Community Colleges shall report to the Department of
5Finance the number of pupils recommended pursuant to paragraph
6(3) who enroll in community college summer session courses and
7receive passing grades. The information in this report may be
8submitted with the report required by subdivision (c) of Section
976002.

10(5) The Board of Governors of the California Community
11Colleges shall not include enrollment growth attributable to
12paragraph (3) as part of its annual budget request for the California
13Community Colleges.

14(6) Notwithstanding Article 3 (commencing with Section 33050)
15of Chapter 1 of Part 20 of Division 2, compliance with this
16subdivision shall not be waived.

17(e) A pupil, other than a nonimmigrant alien within the meaning
18of subparagraphs (A) to (S), inclusive, of paragraph (15) of
19subsection (a) of Section 1101 of Title 8 of the United States Code,
20attending a community college as a special part-time student
21pursuant to this section shall be exempt from paying nonresident
22tuition at the California Community Colleges, if all of the following
23are satisfied:

24(1) He or she has attended school in California for one year or
25more.

26(2) He or she is enrolled in a California high school.

27(3) He or she is enrolled in a California community college
28pursuant to this section and Section 76001.

29(4) In the case of a pupil without lawful immigration status, an
30affidavit has been filed with the institution of higher education
31stating that the student has filed an application to legalize his or
32her immigration status, or will file an application as soon as he or
33she is eligible to do so.

34(f) Paragraphs (3), (4), and (5) of subdivision (d) shall become
35inoperative on January 1, 2014.

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