Amended in Assembly April 23, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1307


Introduced by Assembly Members McCarty and Medina

February 27, 2015


An act to amend Sections 66028.2, 66028.4, and 66028.5 of, and to add Sections 66028.7 and 66028.8 to, the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1307, as amended, McCarty. Working Families Student Fee Transparency and Accountability Act.

The Donahoe Higher Education Act sets forth the missions and functions of the segments of the higher education system in the state. The public segments include the University of California, administered by the Regents of the University of California, and the California State University, administered by the Trustees of the California State University. The provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. Under existing law, the regents have all the powers necessary or convenient for the administration of the university, including the power to set mandatory systemwide fees.

Existing law establishes the Working Families Student Fee Transparency and Accountability Act, which suggests policies relating to mandatory systemwide student fees charged and student financial aid for resident students at the University of California and the California State University.

This bill would instead make these policy suggestions requirements. The billbegin delete would, except as provided,end deletebegin insert wouldend insert prohibit a fee increase for a California resident student from the fees established for the 2014-15 academic year at the California State Universitybegin delete and, as a condition of the receipt of state funding in the annual Budget Act,end deletebegin insert andend insert the University of Californiabegin insert if the Legislative Analyst determines that the respective segment has not complied with these requirementsend insert. The bill would require thebegin delete trustees andend delete regents to comply with the Working Families Student Fee Transparency and Accountability Act as a condition of the receipt of state fundingbegin delete for student financial assistance.end deletebegin insert in the annual Budget Act.end insert The bill would change an inaccurate cross-reference in a provision of the Working Families Student Fee Transparency and Accountability Act.

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

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

P2    1

SECTION 1.  

Section 66028.2 of the Education Code is
2amended to read:

3

66028.2.  

The following requirements apply to student financial
4aid for resident students, and mandatory systemwide fees charged
5at the University of California and the California State University:

6(a) As any changes in mandatory systemwide fees and financial
7aid resources are considered, the impact on students shall be
8explained to students, including, but not limited to, changes to the
9minimum work or loan burden for all students, if applicable,
10institutional financial aid awards, and the average student loan
11debt for undergraduate students.

12(b) Students shall be consulted before increases on mandatory
13systemwide fees are proposed, so that students can provide input
14and ask questions regarding the need for any increases in
15mandatory systemwide fees.

16(c) Adequate advance notice shall be provided to students
17regarding any future mandatory systemwide fees, thereby allowing
18the students and their families greater time to prepare for the
19mandatory systemwide fees to be assessed.

P3    1(d) In order to ensure that access is not precluded for any eligible
2student, and particularly for financially needy students, all current
3and prospective students shall be provided with timely information
4concerning student financial aid, including the processes associated
5with applying for and obtaining student financial assistance.

6(e) In order for the general public to maintain confidence in the
7state’s public colleges and universities, the state’s public colleges
8and universities shall ensure transparency in the uses of mandatory
9systemwide fee revenue and the rationale for implementing
10mandatory systemwide fee increases.

11

SEC. 2.  

Section 66028.4 of the Education Code is amended to
12read:

13

66028.4.  

(a) On or before April 2, 2013, the regents and the
14trustees each shall develop a list of factors that shall be taken into
15consideration when developing recommendations to adjust
16mandatory systemwide fees consistent with the policies set forth
17in this article. The factors shall include, at a minimum, the level
18of state support, total cost of attendance, impact on various
19categories of students, including historically underrepresented
20students and low- to middle-income students, as well as efforts to
21mitigate the impacts.

22(b) The factors, and any subsequent amendments to those
23factors, shall be developed in consultation with the appropriate
24statewide student body associations and shall be formally adopted
25by the regents or the trustees in an open and public meeting.

26(c) Nothing in this section shall be construed to exempt any
27increase in mandatory systemwide fees from the requirements of
28Section 66028.3.

29

SEC. 3.  

Section 66028.5 of the Education Code is amended to
30read:

31

66028.5.  

(a) The regents and the trustees shall maintain their
32commitment to institutional financial aid program funding by
33ensuring that at least 33 percent of the revenues of an increase to
34existing mandatory systemwide fees charged to resident students
35is set aside by the regents or the trustees, as applicable, for
36institutional student aid to assist students and families in meeting
37the total cost of education.

38(b) The regents and trustees shall report their compliance with
39this section in their respective annual reports on institutional
40financial aid pursuant to Section 66021.1.

P4    1

SEC. 4.  

Section 66028.7 is added to the Education Code, to
2read:

3

66028.7.  

(a) Notwithstanding any other law, the trustees shall
4notbegin delete charge more than five thousand four hundred seventy-two
5dollars ($5,472)end delete
begin insert implement an increaseend insert in mandatory systemwide
6tuition andbegin delete fees, except as authorized in the annual Budget Act,end delete
7begin insert feesend insert to a California resident student of the California State
8Universitybegin insert if the Legislative Analyst determines in its report
9required in subdivision (b) of Section 66028.6, that the trustees
10failed to comply with the requirements of this article before
11approving the increaseend insert
.

12(b) The regents shall notbegin delete charge more than twelve thousand one
13hundred ninety-two dollars ($12,192)end delete
begin insert implement an increaseend insert in
14mandatory systemwide tuition andbegin delete fees, except as authorized in
15the annual Budget Act,end delete
begin insert feesend insert to a California resident student of the
16University of Californiabegin insert if the Legislative Analyst determines in
17its report required in subdivision (b) of Section 66028.6, that the
18regents failed to comply with the requirements of this article before
19approving the increaseend insert
.

begin insert

20(c) An increase in systemwide tuition and fees for California
21resident students adopted by the trustees or regents pursuant to
22subdivision (a) or (b), respectively, may be rescinded with the
23adoption of the annual Budget Act.

end insert
24

SEC. 5.  

Section 66028.8 is added to the Education Code, to
25read:

26

66028.8.  

begin delete(a)end deletebegin deleteend deleteNotwithstanding Section 67400, as a condition
27of the receipt of state funding in the annual Budget Act, the regents
28shall comply withbegin delete subdivision (b) of Section 66028.7.end deletebegin insert this article.end insert

begin delete

29(b) Notwithstanding Section 67400, in order to receive state
30funds for student financial assistance, the regents and trustees shall
31comply with this article.

end delete


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