BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 150
AUTHOR: Lara
AMENDED: April 25, 2013
FISCAL COMM: No HEARING DATE: May 1, 2013
URGENCY: No CONSULTANT:Kathleen Chavira
NOTE : This bill has been requested by the Senate
Appropriations Committee. A do pass should include a
referral to Rules for consideration of the re-referral
request from the Senate Appropriations Committee.
SUBJECT : Special part-time students; nonresident tuition
exemption.
SUMMARY
This bill authorizes a community college district to exempt
special part-time students from any nonresident tuition
fees at the California Community Colleges (CCC).
BACKGROUND
Current law permits a school district governing board to
determine which pupils would benefit from advanced
scholastic or vocational work and to 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.
(Education Code � 48800)
Current law authorizes the governing board of a community
college district to admit K-12 students as special
part-time or full-time students in any session or term any
student who is eligible to attend community college
pursuant to
EC 48800, and generally requires that these students be
assigned a low enrollment priority in order to ensure that
these students do not displace regularly admitted students.
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(EC � 76001)
Current law requires the governing board of each community
college district to charge each student an enrollment fee,
currently $46 per unit per semester effective with the
summer term of the 2012 calendar year. Current law
authorizes the governing board of a community college
district to exempt special part-time students admitted
pursuant to Section 76001 from the fee requirement.
(EC � 76300)
Current law authorizes a community college district to
admit nonresident students and requires that these students
be charged a nonresident tuition fee. Until June 30, 2013,
the per unit nonresident fee is two times the amount of the
resident fee. Beginning July 1, 2013, the per unit
nonresident fee will be three times the amount of the
resident fee. Current law also authorizes a community
college district to waive from all or parts of the fee, all
nonresidents who enroll for six or fewer units, but
prohibits exemptions from this requirement on an individual
basis. Generally, nonresident students are prohibited from
being reported as full-time equivalent students (FTES) for
state apportionment purposes.
(EC � 76140)
ANALYSIS
This bill authorizes a community college district to exempt
special part-time students from paying any nonresident
tuition fees.
STAFF COMMENTS
1) What's the problem ? It appears that districts have
varying interpretations of their authority to serve
California high school students who are nonresidents
in concurrent enrollment programs. Some districts
have been advised by their legal counsel that because
current law allows a district to waive fees for
special part-time students that they may also waive
nonresident fees, while others have been advised that
they have no authority to waive a nonresident fee for
special part-time students. It appears that still
other districts have made the decision not to waive
any fees for special part-time students, given the
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current economic climate and severe budget cuts they
have realized. The author is specifically concerned
about high school students who, upon graduation from a
California high school, would be eligible for resident
tuition by virtue of the provisions of AB 540,
regardless of their immigration status.
It appears that there is confusion about the authority
to waive fees in the case of nonresident special
part-time students and that some districts that would
like to do this believe they are unable to do so.
This bill clarifies that those districts have this
authority.
2) Fiscal impact ? Currently, districts are unable to
claim FTES for nonresident students. It is unclear
whether, as recently amended, a district would be able
to count these students as FTES and receive state
apportionment funding for them. Although currently
identified as non-fiscal, this bill has been requested
by the Senate Appropriations Committee, where its
fiscal implications can be appropriately considered.
3) Current status of community colleges . According to a
March 2013 study by the Public Policy Institute of
California (PPIC), The Impact of Budget Cuts on
California Community Colleges, the unprecedented
budget cuts faced by community colleges in the recent
recessionary period have resulted in reduced course
offerings, increases in class size, and consistent
declines in enrollment among first-time students.
Although researchers found evidence that colleges have
responded by targeting their spending toward
higher-priority missions, the current fiscal climate
has still resulted in a failure to serve adults and
access has been compromised.
SUPPORT
None received on this version.
OPPOSITION
None received.
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