Amended in Assembly September 6, 2013

Amended in Assembly July 1, 2013

Amended in Senate April 25, 2013

Amended in Senate March 14, 2013

Senate Bill No. 150

Introduced by Senator Lara

(Coauthors: Assembly Members Alejo, Ian Calderon, Fong, and Garcia)

January 31, 2013

An act to begin delete add Section 76140.1 to end delete begin insert amend Section 76140 of end insert 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 attending a community college as a special part-time student from paying nonresident tuition at the community college.

begin insert

This bill would incorporate changes to this provision proposed by both this bill and SB 141, contingent on the prior enactment of that bill, as specified.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 76140 of the end insert begin insert Education Code end insert begin insert , as added
by Section 66 of Chapter 38 of the Statutes of 2012, is amended
to read: end insert

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), begin delete or end delete (3) begin insert , or (4) end insert :

(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.

begin insert

(4) A special part-time student admitted pursuant to Section
76001.

end insert

(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 begin delete 76330 end delete begin insert 76300 end insert for purposes of
computing apportionments.

begin delete

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

end delete

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 76140 of the end insert begin insert Education Code end insert begin insert , as added by
Section 66 of Chapter 38 of the Statutes of 2012, is amended to
read: end insert

76140.  

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

(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.

begin insert

(4) A special part-time student admitted pursuant to Section
76001.

end insert begin insert

(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:

end insert begin insert

(A) Demonstrates a financial need for the exemption.

end insert begin insert

(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.

end insert begin insert

(C) Moved abroad as a result of the deportation or voluntary
departure specified in subparagraph (B).

end insert begin insert

(D) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates
the student previously lived in California.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

(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) begin insert or
( end insert begin insert 5) end insert 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 begin delete 76330 end delete
begin insert 76300 end insert for purposes of computing apportionments.

begin delete

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

end delete

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 76140 of the Education Code proposed by both this bill
and Senate Bill 141. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 76140 of the Education Code, and
(3) this bill is enacted after Senate Bill 141, in which case Section
1 of this bill shall not become operative.

end insert

begin delete

SECTION 1.  

Section 76140.1 is added to the Education Code,
to read:

76140.1.  

Notwithstanding Section 76140, a community college
district may exempt a special part-time student admitted pursuant
to Section 76001 from all or part of the tuition fee charged to
nonresident students pursuant to Section 76140.

end delete