BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 150
                                                                  Page  1

          SENATE THIRD READING
          SB 150 (Lara)
          As Amended  July 1, 2013
          Majority vote

           SENATE VOTE  :30-1  
           
           HIGHER EDUCATION    8-0                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Williams, Fong, Fox,      |     |                          |
          |     |Jones-Sawyer, Levine,     |     |                          |
          |     |Medina, Quirk-Silva,      |     |                          |
          |     |Weber                     |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 5% of the total number of  
            students in the same grade level and exempts from the 5% 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 (EC)  
            Section 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 Section  
            68130.5).

          3)Requires the CCC Chancellor's Office to report to the  
            Department of Finance and Legislature annually on the amount  








                                                                  SB 150
                                                                  Page  2

            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  
            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 Sections 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  
            Section 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 Section 76001 from  
            the fee requirement (EC Section 76300).

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

           COMMENTS  :  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  








                                                                  SB 150
                                                                  Page  3

          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.  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).  

          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  
          high school in California.  This can be as much as $254 per unit  
          (more than $1,000 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.

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


                                                                FN: 0001356









                                                                  SB 150
                                                                  Page  4