Amended in Assembly May 28, 2015

Amended in Assembly March 4, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 13


Introduced by Assembly Member Chávez

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(Coauthor: Assembly Member Kim)

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(Coauthor: Senator Nguyen)

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December 1, 2014


An act to amend Section 76140 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately.

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 students living in California and enrolled at a communitybegin delete collegeend deletebegin insert college, as specified,end insert who are covered individuals, as defined in a specified federal statute, 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 certain 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.

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

Vote: 23. 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.

P3    1(3) (A) A student who, as of August 29, 2005, was enrolled,
2or admitted with an intention to enroll, in the fall term of the
32005-06 academic year in a regionally accredited institution of
4higher education in Alabama, Louisiana, or Mississippi, and who
5could not continue his or her attendance at that institution as a
6direct consequence of damage sustained by that institution as a
7result of Hurricane Katrina.

8(B) The chancellor shall develop guidelines for the
9implementation of this paragraph. These guidelines shall include
10standards for appropriate documentation of student eligibility to
11the extent feasible.

12(C) This paragraph shall apply only to the 2005-06 academic
13year.

14(4) A special part-time student admitted pursuant to Section
1576001.

16(5) A nonresident student who is a United States citizen who
17resides in a foreign country, if that nonresident meets all of the
18following requirements:

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

20(B) Has a parent or guardian who has been deported or was
21permitted to depart voluntarily under the federal Immigration and
22Nationality Act in accordance with Section 1229c of Title 8 of the
23United States Code. The student shall provide documents from the
24United States Citizenship and Immigration Services evidencing
25the deportation or voluntary departure of his or her parent or
26guardian.

27(C) Moved abroad as a result of the deportation or voluntary
28departure specified in subparagraph (B).

29(D) Lived in California immediately before moving abroad. The
30student shall provide information and evidence that demonstrates
31the student previously lived in California.

32(E) Attended a public or private secondary school, as described
33in Sections 52 and 53, in the state for three or more years. The
34student shall provide documents that demonstrate his or her
35secondary school attendance.

36(F) Upon enrollment, will be in his or her first academic year
37as a matriculated student in California public higher education, as
38that term is defined in subdivision (a) of Section 66010, will be
39living in California, and will file an affidavit with the institution
P4    1stating that he or she intends to establish residency in California
2as soon as possible.

3(6) A nonresident student who is a covered individual as defined
4begin delete pursuant toend deletebegin insert inend insert Section 702 of the federal Veterans Access, Choice,
5and Accountability Act of 2014 (Public Law 113-146), as it read
6on July 1, 2015, who is using, or is intending to use, GI Bill
7education benefits while living in California and enrolled at a
8communitybegin delete college.end deletebegin insert college on or after July 1, 2015.end insert As used in
9this paragraph, “GI Bill education benefits” refers to any education
10benefit administered by the United States Department of Veterans
11Affairs pursuant to Title 38 of the United States Code that is
12designed to help eligible veterans of the Armed Forces of the
13United States or other persons eligible for those benefits because
14of a relationship to a veteran of the Armed Forces of the United
15States to cover the costs associated with enrollment as a community
16college student.

17(b) A district may contract with a state, a county contiguous to
18California, the federal government, or a foreign country, or an
19agency thereof, for payment of all or a part of a nonresident
20student’s tuition fee.

21(c) Nonresident students shall not be reported as full-time
22equivalent students (FTES) for state apportionment purposes,
23except as provided by subdivision (j) or another statute, in which
24case a nonresident tuition fee may not be charged.

25(d) The nonresident tuition fee shall be set by the governing
26board of each community college district not later than February
271 of each year for the succeeding fiscal year. The governing board
28of each community college district shall provide nonresident
29students with notice of nonresident tuition fee changes during the
30spring term before the fall term in which the change will take
31effect. Nonresident tuition fee increases shall be gradual, moderate,
32and predictable. The fee may be paid in installments, as determined
33by the governing board of the district.

34(e) (1) The fee established by the governing board pursuant to
35subdivision (d) shall represent for nonresident students enrolled
36in 30 semester units or 45 quarter units of credit per fiscal year
37one or more of the following:

38(A) The amount that was expended by the district for the
39expense of education as defined by the California Community
40College Budget and Accounting Manual in the preceding fiscal
P5    1year increased by the projected percent increase in the United
2States Consumer Price Index as determined by the Department of
3Finance for the current fiscal year and succeeding fiscal year and
4divided by the FTES (including nonresident students) attending
5in the district in the preceding fiscal year. However, if for the
6district’s preceding fiscal year FTES of all students attending in
7the district in noncredit courses is equal to, or greater than, 10
8percent of the district’s total FTES attending in the district, the
9district may substitute the data for expense of education in grades
1013 and 14 and FTES in grades 13 and 14 attending in the district.

11(B) The expense of education in the preceding fiscal year of all
12districts increased by the projected percent increase in the United
13States Consumer Price Index as determined by the Department of
14Finance for the fiscal year and succeeding fiscal year and divided
15by the FTES (including nonresident students) attending all districts
16during the preceding fiscal year. However, if the amount calculated
17under this paragraph for the succeeding fiscal year is less than the
18amount established for the current fiscal year or for any of the past
19four fiscal years, the district may set the nonresident tuition fee at
20the greater of the current or any of the past four-year amounts.

21(C) An amount not to exceed the fee established by the
22governing board of any contiguous district.

23(D) An amount not to exceed the amount that was expended by
24the district for the expense of education, but in no case less than
25the statewide average as set forth in subparagraph (B).

26(E) An amount no greater than the average of the nonresident
27tuition fees of public community colleges of no less than 12 states
28that are comparable to California in cost of living. The
29determination of comparable states shall be based on a composite
30cost-of-living index as determined by the United States Department
31of Labor or a cooperating government agency.

32(2) The additional revenue generated by the increased
33nonresident tuition permitted under the amendments made to this
34subdivision during the 2009-10 Regular Session shall be used to
35expand and enhance services to resident students. In no event shall
36the admission of nonresident students come at the expense of
37resident enrollment.

38(f) The governing board of each community college district also
39shall adopt a tuition fee per unit of credit for nonresident students
40enrolled in more or less than 15 units of credit per term by dividing
P6    1the fee determined in subdivision (e) by 30 for colleges operating
2on the semester system and 45 for colleges operating on the quarter
3system and rounding to the nearest whole dollar. The same rate
4shall be uniformly charged nonresident students attending any
5terms or sessions maintained by the community college. The rate
6charged shall be the rate established for the fiscal year in which
7the term or session ends.

8(g) Any loss in district revenue generated by the nonresident
9tuition fee shall not be offset by additional state funding.

10(h) Any district that has fewer than 1,500 FTES and whose
11boundary is within 10 miles of another state that has a reciprocity
12agreement with California governing student attendance and fees
13may exempt students from that state from the mandatory fee
14requirement described in subdivision (a) for nonresident students.

15(i) Any district that has more than 1,500, but less than 3,001,
16FTES and whose boundary is within 10 miles of another state that
17has a reciprocity agreement with California governing student
18attendance and fees may, in any one fiscal year, exempt up to 100
19FTES from that state from the mandatory fee requirement described
20in subdivision (a) for nonresident students.

21(j) The attendance of nonresident students who are exempted
22pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5),
23or (6) of subdivision (a), from the mandatory fee requirement
24described in subdivision (a) for nonresident students may be
25reported as resident FTES for state apportionment purposes. Any
26nonresident student reported as resident FTES for state
27apportionment purposes pursuant to subdivision (h) or (i) shall
28pay a per unit fee that is three times the amount of the fee
29established for residents pursuant to Section 76300. That fee is to
30be included in the FTES adjustments described in Section 76300
31for purposes of computing apportionments.

32

SEC. 2.  

If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.

37

SEC. 3.  

This act is an urgency statute necessary for the
38immediate preservation of the public peace, health, or safety within
39the meaning of Article IV of the Constitution and shall go into
40immediate effect. The facts constituting the necessity are:

P7    1In order for the nonresident tuition exemption authorized by this
2act to be in effect for the 2015-16 academic year, it is necessary
3that this act take effect immediately.



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