BILL NUMBER: SB 150 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE MARCH 14, 2013
INTRODUCED BY Senator Lara
( Coauthors: Assembly Members
Alejo and Ian Calderon )
JANUARY 31, 2013
An act to amend Section 48800 76140
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.
Existing law authorizes community college governing boards to
exempt these special part-time students from paying the $46 per unit
per semester enrollment fee.
This bill would authorize a community college district to
exempt a pupil, other than a nonimmigrant alien, as
specified, pupil attending a community college
as a special part-time student from paying nonresident tuition at the
community college if certain conditions are satisfied
.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76140 of the
Education Code , as added by Section 66 of Chapter 38
of the Statutes of 2012, is amended to read:
76140. (a) A community college district may admit and shall
charge a tuition fee to nonresident students. The district may exempt
from all or parts of the fee any person described in paragraph (1),
(2), or (3) , or (4) :
(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 admitted pursuant to Section
76001.
(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) 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 76330 for purposes of computing apportionments.
(k) This section shall become operative on July 1, 2013.
SECTION 1. Section 48800 of the Education Code
is amended to read:
48800. (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational enrichment
opportunities for a limited number of eligible pupils, rather than
to reduce current course requirements of elementary and secondary
schools, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere. The governing board of the school
district may authorize those pupils, upon recommendation of the
principal of the pupil's school of attendance, and with parental
consent, to attend a community college during any session or term as
special part-time or full-time students and to undertake one or more
courses of instruction offered at the community college level.
(b) If the governing board of the school district denies a request
for special part-time or full-time enrollment at a community college
for any session or term for a pupil who is identified as highly
gifted, the governing board of the school district shall issue its
written recommendation and the reasons for the denial within 60 days.
The written recommendation and denial shall be issued at the next
regularly scheduled board meeting that falls at least 30 days after
the request has been submitted.
(c) A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
district.
(d) (1) The principal of a school may recommend a pupil for
community college summer session only if the pupil meets all of the
following criteria:
(A) Demonstrates adequate preparation in the discipline to be
studied.
(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not
recommend for community college summer session attendance more than 5
percent of the total number of pupils who completed that grade
immediately before the time of recommendation.
(3) A high school pupil recommended by his or her principal for
enrollment in a course shall not be included in the 5-percent
limitation of pupils allowed to be recommended pursuant to paragraph
(2) if the course in which the pupil is enrolled meets one of the
criterion listed in subparagraphs (A) to (C), inclusive, and the high
school principal who recommends the pupil for enrollment provides
the Chancellor of the California Community Colleges, upon the request
of the chancellor's office, with the data required for purposes of
paragraph (4).
(A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general education
breadth requirements of the California State University.
(B) The course is a college-level, occupational course for credit
assigned a priority code of "A," "B," or "C," pursuant to the Student
Accountability Model, as defined by the Chancellor of the California
Community Colleges and reported in the management information
system, and the course is part of a sequence of vocational or career
technical education courses leading to a degree or certificate in the
subject area covered by the sequence.
(C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does not offer
college credit in English language arts or mathematics, and the pupil
meets both of the following requirements:
(i) The pupil is in his or her senior year of high school.
(ii) The pupil has completed all other graduation requirements
before the end of his or her senior year, or will complete all
remaining graduation requirements during a community college summer
session, which he or she is recommended to enroll in, following his
or her senior year of high school.
(4) On or before March 1 of each year, the Chancellor of the
California Community Colleges shall report to the Department of
Finance the number of pupils recommended pursuant to paragraph (3)
who enroll in community college summer session courses and receive
passing grades. The information in this report may be submitted with
the report required by subdivision (c) of Section 76002.
(5) The Board of Governors of the California Community Colleges
shall not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
Colleges.
(6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2, compliance with this subdivision
shall not be waived.
(e) A pupil, other than a nonimmigrant alien within the meaning of
subparagraphs (A) to (S), inclusive, of paragraph (15) of subsection
(a) of Section 1101 of Title 8 of the United States Code, attending
a community college as a special part-time student pursuant to this
section shall be exempt from paying nonresident tuition at the
California Community Colleges, if all of the following are satisfied:
(1) He or she has attended school in California for one year or
more.
(2) He or she is enrolled in a California high school.
(3) He or she is enrolled in a California community college
pursuant to this section and Section 76001.
(4) In the case of a pupil without lawful immigration status, an
affidavit has been filed with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
(f) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014.