Amended in Assembly March 4, 2015

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 educationbegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 13, as amended, 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 studentsbegin insert living in California andend insert enrolled at a community college who arebegin insert covered individuals, as defined in a specified federal statute,end insert 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 calculatingbegin delete apportionments-end deletebegin insert apportionmentsend insert to those districts.

To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits tobegin delete additional categories ofend deletebegin insert certainend insert 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.

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(3) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

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

3

76140.  

(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 paragraph (5)
8or (6):

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
P3    1direct consequence of damage sustained by that institution as a
2result of Hurricane Katrina.

3(B) The chancellor shall develop guidelines for the
4implementation of this paragraph. These guidelines shall include
5standards for appropriate documentation of student eligibility to
6the extent feasible.

7(C) This paragraph shall apply only to the 2005-06 academic
8year.

9(4) A special part-time student admitted pursuant to Section
1076001.

11(5) A nonresident student who is a United States citizen who
12resides in a foreign country, if that nonresident meets all of the
13following requirements:

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

15(B) Has a parent or guardian who has been deported or was
16permitted to depart voluntarily under the federal Immigration and
17Nationality Act in accordance with Section 1229c of Title 8 of the
18United States Code. The student shall provide documents from the
19United States Citizenship and Immigration Services evidencing
20the deportation or voluntary departure of his or her parent or
21guardian.

22(C) Moved abroad as a result of the deportation or voluntary
23departure specified in subparagraph (B).

24(D) Lived in California immediately before moving abroad. The
25student shall provide information and evidence that demonstrates
26the student previously lived in California.

27(E) Attended a public or private secondary school, as described
28in Sections 52 and 53, in the state for three or more years. The
29student shall provide documents that demonstrate his or her
30secondary school attendance.

31(F) Upon enrollment, will be in his or her first academic year
32as a matriculated student in California public higher education, as
33that term is defined in subdivision (a) of Section 66010, will be
34living in California, and will file an affidavit with the institution
35stating that he or she intends to establish residency in California
36as soon as possible.

37(6) A nonresident student who isbegin insert a covered individual as defined
38pursuant to Section 702 of the federal Veterans Access, Choice,
39and Accountability Act of 2014 (Public Law 113-146), as it read
40on July 1, 2015, who isend insert
using, or is intending to use, GI Bill
P4    1education benefits whilebegin insert living in California andend insert enrolled at a
2community college. As used in this paragraph, “GI Bill education
3benefits” refers to any education benefit administered by the United
4States Department of Veterans Affairs pursuant to Title 38 of the
5United States Code that is designed to help eligible veterans of the
6Armed Forces of the United States or otherbegin delete eligible persons withend delete
7begin insert persons eligible for those benefits because ofend insert a relationship to a
8veteran of the Armed Forces of the United States to cover the costs
9associated with enrollment as a community college student.

10(b) A district may contract with a state, a county contiguous to
11California, the federal government, or a foreign country, or an
12agency thereof, for payment of all or a part of a nonresident
13student’s tuition fee.

14(c) Nonresident students shall not be reported as full-time
15equivalent students (FTES) for state apportionment purposes,
16except as provided by subdivision (j) or another statute, in which
17case a nonresident tuition fee may not be charged.

18(d) The nonresident tuition fee shall be set by the governing
19board of each community college district not later than February
201 of each year for the succeeding fiscal year. The governing board
21of each community college district shall provide nonresident
22students with notice of nonresident tuition fee changes during the
23spring term before the fall term in which the change will take
24effect. Nonresident tuition fee increases shall be gradual, moderate,
25and predictable. The fee may be paid in installments, as determined
26by the governing board of the district.

27(e) (1) The fee established by the governing board pursuant to
28subdivision (d) shall represent for nonresident students enrolled
29in 30 semester units or 45 quarter units of credit per fiscal year
30one or more of the following:

31(A) The amount that was expended by the district for the
32expense of education as defined by the California Community
33College Budget and Accounting Manual in the preceding fiscal
34year increased by the projected percent increase in the United
35States Consumer Price Index as determined by the Department of
36Finance for the current fiscal year and succeeding fiscal year and
37divided by the FTES (including nonresident students) attending
38in the district in the preceding fiscal year. However, if for the
39district’s preceding fiscal year FTES of all students attending in
40the district in noncredit courses is equal to, or greater than, 10
P5    1percent of the district’s total FTES attending in the district, the
2district may substitute the data for expense of education in grades
313 and 14 and FTES in grades 13 and 14 attending in the district.

4(B) The expense of education in the preceding fiscal year of all
5districts increased by the projected percent increase in the United
6States Consumer Price Index as determined by the Department of
7Finance for the fiscal year and succeeding fiscal year and divided
8by the FTES (including nonresident students) attending all districts
9during the preceding fiscal year. However, if the amount calculated
10under this paragraph for the succeeding fiscal year is less than the
11amount established for the current fiscal year or for any of the past
12four fiscal years, the district may set the nonresident tuition fee at
13the greater of the current or any of the past four-year amounts.

14(C) An amount not to exceed the fee established by the
15governing board of any contiguous district.

16(D) An amount not to exceed the amount that was expended by
17the district for the expense of education, but in no case less than
18the statewide average as set forth in subparagraph (B).

19(E) An amount no greater than the average of the nonresident
20tuition fees of public community colleges of no less than 12 states
21that are comparable to California in cost of living. The
22determination of comparable states shall be based on a composite
23cost-of-living index as determined by the United States Department
24of Labor or a cooperating government agency.

25(2) The additional revenue generated by the increased
26nonresident tuition permitted under the amendments made to this
27subdivision during the 2009-10 Regular Session shall be used to
28expand and enhance services to resident students. In no event shall
29the admission of nonresident students come at the expense of
30resident enrollment.

31(f) The governing board of each community college district also
32shall adopt a tuition fee per unit of credit for nonresident students
33enrolled in more or less than 15 units of credit per term by dividing
34the fee determined in subdivision (e) by 30 for colleges operating
35on the semester system and 45 for colleges operating on the quarter
36system and rounding to the nearest whole dollar. The same rate
37shall be uniformly charged nonresident students attending any
38terms or sessions maintained by the community college. The rate
39charged shall be the rate established for the fiscal year in which
40the term or session ends.

P6    1(g) Any loss in district revenue generated by the nonresident
2tuition fee shall not be offset by additional state funding.

3(h) Any district that has fewer than 1,500 FTES and whose
4boundary is within 10 miles of another state that has a reciprocity
5agreement with California governing student attendance and fees
6may exempt students from that state from the mandatory fee
7requirement described in subdivision (a) for nonresident students.

8(i) Any district that has more than 1,500, but less than 3,001,
9FTES and whose boundary is within 10 miles of another state that
10has a reciprocity agreement with California governing student
11attendance and fees may, in any one fiscal year, exempt up to 100
12FTES from that state from the mandatory fee requirement described
13in subdivision (a) for nonresident students.

14(j) The attendance of nonresident students who are exempted
15pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5),
16or (6) of subdivision (a), from the mandatory fee requirement
17described in subdivision (a) for nonresident students may be
18reported as resident FTES for state apportionment purposes. Any
19nonresident student reported as resident FTES for state
20apportionment purposes pursuant to subdivision (h) or (i) shall
21pay a per unit fee that is three times the amount of the fee
22established for residents pursuant to Section 76300. That fee is to
23be included in the FTES adjustments described in Section 76300
24for purposes of computing apportionments.

25

SEC. 2.  

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.

30begin insert

begin insertSEC. 3.end insert  

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This act is an urgency statute necessary for the
31immediate preservation of the public peace, health, or safety within
32the meaning of Article IV of the Constitution and shall go into
33immediate effect. The facts constituting the necessity are:

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34In order for the nonresident tuition exemption authorized by this
35act to be in effect for the 2015-16 academic year, it is necessary
36that this act take effect immediately.

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