BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 150
                                                                  Page  1

          Date of Hearing:   June 11, 2013

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                     SB 150 (Lara) - As Amended:  April 25, 2013

           SENATE VOTE  :   30-1
           
          SUBJECT  :   Pupils: concurrent enrollment in secondary school and  
          community college: nonresident tuition exemption. 

           SUMMARY  :   Authorizes a community college district (CCD) to  
          exempt special part-time students from any nonresident tuition  
          fees at the California Community Colleges (CCC). 

           EXISTING LAW  :

          1)Authorizes the governing board of a school district, upon  
            recommendation of the principal of a student's school of  
            attendance, and with parental consent, to authorize a student  
            who would benefit from advanced scholastic or vocational work  
            to attend a community college as a special part-time or  
            full-time student.  Additionally, current law prohibits a  
            principal from recommending, for community college summer  
            session attendance, more than five percent of the total number  
            of students in the same grade level and exempts from the five  
            percent cap a student recommended by his or her principal for  
            enrollment in a college-level summer session course if the  
            course in which the pupil is enrolled meets specified  
            criteria, and repeals these exemptions on January 1, 2014  
            (Education Code � 48800, et seq.). 

          2)Exempts certain nonresident students from nonresident tuition  
            at California's public colleges if they meet specified  
            criteria, including having graduated from a California high  
            school or having attained the equivalent thereof (EC �  
            68130.5).

          3)Requires the CCC Chancellor's Office to report to the  
            Department of Finance and Legislature annually on the amount  
            of full-time equivalent students (FTES) claimed by each CCC  
            district for high school pupils enrolled in non-credit,  
            non-degree applicable, degree applicable (excluding physical  
            education), and degree applicable physical education courses;  
            and provides that, for purposes of receiving state  








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            apportionments, CCC districts may only include high school  
            students within the CCC district's report on FTES if the  
            students are enrolled in courses that are open to the general  
            public, as specified.  Additionally, current law requires the  
            governing board of a CCC district to assign a low enrollment  
            priority to special part-time or full-time students in order  
            to ensure that these students do not displace regularly  
            admitted community college students (EC � 76001 and � 76002). 

          4)Authorizes a CCD 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; and authorizes a CCD 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.  Nonresident students are prohibited from  
            being reported as FTES for state apportionment purposes (EC �  
            76140).

          5)Requires the governing board of each CCD to charge each  
            student an enrollment fee, currently $46 per unit per semester  
            effective with the summer term of the 2012 calendar year; and  
            authorizes the governing board of a CCD to exempt special  
            part-time students admitted pursuant to EC � 76001 from the  
            fee requirement (EC � 76300).

           FISCAL EFFECT  :   Unknown.  This measure is keyed non-fiscal by  
          the Legislative Counsel. 

           COMMENTS  :   Concurrent enrollment background  .  Concurrent  
          enrollment provides pupils the opportunity to enroll in college  
          courses and earn college credit while still enrolled in high  
          school.  Currently, a pupil is allowed to concurrently enroll in  
          a CCC as a "special admit" while still attending high school, if  
          the pupil's school district determines that the pupil would  
          benefit from "advanced scholastic or vocational work."   
          Special-admit students have typically been advanced pupils  
          wanting to take more challenging coursework or pupils who come  
          from high schools where Advanced Placement or honors courses are  
          not widely available.  Additionally, programs such as middle  
          college high schools and early college high schools use  
          concurrent enrollment to offer instructional programs for  
          at-risk pupils that focus on college preparatory curricula.   








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          These programs are developed through partnerships between a  
          school district and a CCC.  Existing law provides certain  
          exemptions to this process (as aforementioned in current law  
          above).  

           Impact of budget cuts on CCC  .  General Fund reductions combined  
          with increased student demand has left the CCC unable to provide  
          course offerings to fully meet student needs.  Funding for the  
          CCC has been cut $809 million, or 12%, over the past three  
          years.  According to a March 2013 report by the Public Policy  
          Institute of California (PPIC), course offerings have declined  
          from 420,000 to 334,000 since 2008-86,000 or 21% of course  
          offerings-and most were credit courses necessary to transfer or  
          obtain a degree or certificate.  PPIC estimates that since 2008,  
          600,000 students have not been able to enroll in classes, and  
          another 500,000 students were on waiting lists for Fall 2012  
          courses.  

          When there is greater demand than there are course offerings,  
          course registration priorities play an important role in  
          managing enrollment by determining which groups of students are  
          enrolled in needed courses and which students get turned away.  

           Need for the bill  .  The author states, "While the law already  
          grants CCDs the authority to make the exemption pursuant to  
          Section 76140(a)(1) [of the Education Code], the law is silent  
          regarding nonresident tuition for concurrently enrolled high  
          school students.  The lack of clarity is creating confusion.   
          The Chancellor's Office [of the California Community Colleges]  
          and various college districts all have contradicting policies.   
          SB 150 provides clarity in the gray area of the law by granting  
          districts the authority to waive nonresident fees for  
          nonresident students that are concurrently enrolled on a  
          part-time basis.  This bill is consistent with the policy choice  
          made with the passage of AB 540 [Firebaugh, Chapter 814,  
          Statutes of 2001] (and AB 130 and AB 131 more recently)  
          [Cedillo, Chapters 93 and 604, Statutes of 2011]."

          Supporters argue AB 540 (Firebaugh, Chapter 814, Statutes of  
          2001) allows certain nonresident students attending California's  
          public colleges to pay resident tuition if they have attended a  
          California high school for at least three years and have  
          graduated.  Because concurrent enrollment students have not yet  
          graduated high school, they do not meet the bill criteria and  
          are subject to nonresident tuition despite living and attending  








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          high school in California.  This can be as much as $254 per unit  
          (more than $1000 for a four-unit class).  Therefore, this small  
          segment of dedicated students is forced to pay cost-prohibitive  
          nonresident tuition, effectively denying them access to courses  
          that will better prepare them for college and the workforce.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Los Angeles Community College District 
          Associated Students University of California, Davis
          California Catholic Conference
          California Federation of Teachers 
          California Immigrant Policy Center
          California Student Aid Commission 
          John F. Kennedy Middle College High School
          Los Angeles Unified School District
          Mexican American Legal Defense and Educational Fund
          National Association of Social Workers - California Chapter
          National Council of La Raza
          Peralta Community College District
          Rio Hondo Community College District
          San Diego Community College District
          San Francisco Unified School District
          University of California Student Association
          Youth Justice Coalition
           
            Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960