California Legislature—2015–16 Regular Session

Assembly BillNo. 13

Introduced by Assembly Member Chávez

December 1, 2014

An act to amend Section 76140 of the Education Code, relating to public postsecondary education.


AB 13, as introduced, Chávez. Public postsecondary education: community colleges: exemptions from nonresident tuition.

(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee.

This bill would additionally exempt nonresident students enrolled at a community college who are using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student.

This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments- to those districts.

To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to additional categories of students, the bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1


Section 76140 of the Education Code is amended
2to read:



(a) A community college district may admit, and shall
4charge a tuition fee to, nonresident students, except that a
5community college district may exempt from all or parts of the
6fee any person described in paragraph (1), (2), (3), or (4), and shall
7exempt from all of the fee any person described in paragraphbegin delete (5):end delete
8begin insert (5) or (6):end insert

9(1) All nonresidents who enroll for six or fewer units.
10Exemptions made pursuant to this paragraph shall not be made on
11an individual basis.

12(2) Any nonresident who is both a citizen and resident of a
13foreign country, if the nonresident has demonstrated a financial
14need for the exemption. Not more than 10 percent of the
15nonresident foreign students attending any community college
16district may be so exempted. Exemptions made pursuant to this
17paragraph may be made on an individual basis.

18(3) (A) A student who, as of August 29, 2005, was enrolled,
19or admitted with an intention to enroll, in the fall term of the
202005-06 academic year in a regionally accredited institution of
21higher education in Alabama, Louisiana, or Mississippi, and who
22could not continue his or her attendance at that institution as a
23direct consequence of damage sustained by that institution as a
24result of Hurricane Katrina.

25(B) The chancellor shall develop guidelines for the
26implementation of this paragraph. These guidelines shall include
27standards for appropriate documentation of student eligibility to
28the extent feasible.

P3    1(C) This paragraph shall apply only to the 2005-06 academic

3(4) A special part-time student admitted pursuant to Section

5(5) A nonresident student who is a United States citizen who
6resides in a foreign country, if that nonresident meets all of the
7following requirements:

8(A) Demonstrates a financial need for the exemption.

9(B) Has a parent or guardian who has been deported or was
10permitted to depart voluntarily under the federal Immigration and
11Nationality Act in accordance with Section 1229c of Title 8 of the
12United States Code. The student shall provide documents from the
13United States Citizenship and Immigration Services evidencing
14the deportation or voluntary departure of his or her parent or

16(C) Moved abroad as a result of the deportation or voluntary
17departure specified in subparagraph (B).

18(D) Lived in California immediately before moving abroad. The
19student shall provide information and evidence that demonstrates
20the student previously lived in California.

21(E) Attended a public or private secondary school, as described
22in Sections 52 and 53, in the state for three or more years. The
23student shall provide documents that demonstrate his or her
24secondary school attendance.

25(F) Upon enrollment, will be in his or her first academic year
26as a matriculated student in California public higher education, as
27that term is defined in subdivision (a) of Section 66010, will be
28living in California, and will file an affidavit with the institution
29stating that he or she intends to establish residency in California
30as soon as possible.

begin insert

31(6) A nonresident student who is using, or is intending to use,
32GI Bill education benefits while enrolled at a community college.
33As used in this paragraph, “GI Bill education benefits” refers to
34any education benefit administered by the United States
35Department of Veterans Affairs pursuant to Title 38 of the United
36States Code that is designed to help eligible veterans of the Armed
37Forces of the United States or other eligible persons with a
38relationship to a veteran of the Armed Forces of the United States
39to cover the costs associated with enrollment as a community
40college student.

end insert

P4    1(b) A district may contract with a state, a county contiguous to
2California, the federal government, or a foreign country, or an
3agency thereof, for payment of all or a part of a nonresident
4student’s tuition fee.

5(c) Nonresident students shall not be reported as full-time
6equivalent students (FTES) for state apportionment purposes,
7except as provided by subdivision (j) or another statute, in which
8case a nonresident tuition fee may not be charged.

9(d) The nonresident tuition fee shall be set by the governing
10board of each community college district not later than February
111 of each year for the succeeding fiscal year. The governing board
12of each community college district shall provide nonresident
13students with notice of nonresident tuition fee changes during the
14spring term before the fall term in which the change will take
15effect. Nonresident tuition fee increases shall be gradual, moderate,
16and predictable. The fee may be paid in installments, as determined
17by the governing board of the district.

18(e) (1) The fee established by the governing board pursuant to
19subdivision (d) shall represent for nonresident students enrolled
20in 30 semester units or 45 quarter units of credit per fiscal year
21one or more of the following:

22(A) The amount that was expended by the district for the
23expense of education as defined by the California Community
24College Budget and Accounting Manual in the preceding fiscal
25year increased by the projected percent increase in the United
26States Consumer Price Index as determined by the Department of
27Finance for the current fiscal year and succeeding fiscal year and
28divided by the FTES (including nonresident students) attending
29in the district in the preceding fiscal year. However, if for the
30district’s preceding fiscal year FTES of all students attending in
31the district in noncredit courses is equal to, or greater than, 10
32percent of the district’s total FTES attending in the district, the
33district may substitute the data for expense of education in grades
3413 and 14 and FTES in grades 13 and 14 attending in the district.

35(B) The expense of education in the preceding fiscal year of all
36districts increased by the projected percent increase in the United
37States Consumer Price Index as determined by the Department of
38Finance for the fiscal year and succeeding fiscal year and divided
39by the FTES (including nonresident students) attending all districts
40during the preceding fiscal year. However, if the amount calculated
P5    1under this paragraph for the succeeding fiscal year is less than the
2amount established for the current fiscal year or for any of the past
3four fiscal years, the district may set the nonresident tuition fee at
4the greater of the current or any of the past four-year amounts.

5(C) An amount not to exceed the fee established by the
6governing board of any contiguous district.

7(D) An amount not to exceed the amount that was expended by
8the district for the expense of education, but in no case less than
9the statewide average as set forth in subparagraph (B).

10(E) An amount no greater than the average of the nonresident
11tuition fees of public community colleges of no less than 12 states
12that are comparable to California in cost of living. The
13determination of comparable states shall be based on a composite
14cost-of-living index as determined by the United States Department
15of Labor or a cooperating government agency.

16(2) The additional revenue generated by the increased
17nonresident tuition permitted under the amendments made to this
18subdivision during the 2009-10 Regular Session shall be used to
19expand and enhance services to resident students. In no event shall
20the admission of nonresident students come at the expense of
21resident enrollment.

22(f) The governing board of each community college district also
23shall adopt a tuition fee per unit of credit for nonresident students
24enrolled in more or less than 15 units of credit per term by dividing
25the fee determined in subdivision (e) by 30 for colleges operating
26on the semester system and 45 for colleges operating on the quarter
27system and rounding to the nearest whole dollar. The same rate
28shall be uniformly charged nonresident students attending any
29terms or sessions maintained by the community college. The rate
30charged shall be the rate established for the fiscal year in which
31the term or session ends.

32(g) Any loss in district revenue generated by the nonresident
33tuition fee shall not be offset by additional state funding.

34(h) Any district that has fewer than 1,500 FTES and whose
35boundary is within 10 miles of another state that has a reciprocity
36agreement with California governing student attendance and fees
37may exempt students from that state from the mandatory fee
38requirement described in subdivision (a) for nonresident students.

39(i) Any district that has more than 1,500, but less than 3,001,
40FTES and whose boundary is within 10 miles of another state that
P6    1has a reciprocity agreement with California governing student
2attendance and fees may, in any one fiscal year, exempt up to 100
3FTES from that state from the mandatory fee requirement described
4in subdivision (a) for nonresident students.

5(j) The attendance of nonresident students who are exempted
6pursuant to subdivision (h) or (i), or pursuant to paragraphbegin delete (3) or
7(5)end delete
begin insert (3), (5), or (6)end insert of subdivision (a), from the mandatory fee
8requirement described in subdivision (a) for nonresident students
9may be reported as resident FTES for state apportionment purposes.
10Any nonresident student reported as resident FTES for state
11apportionment purposes pursuant to subdivision (h) or (i) shall
12pay a per unit fee that is three times the amount of the fee
13established for residents pursuant to Section 76300. That fee is to
14be included in the FTES adjustments described in Section 76300
15for purposes of computing apportionments.


SEC. 2.  

If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.