Amended in Assembly June 1, 2015

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 addbegin delete Sections 66028.7 andend deletebegin insert Sectionend insert 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.begin delete The bill would prohibit a fee increase for a California resident student from the fees established for the 2014-15 academic year at the California State University and the University of California if the Legislative Analyst determines that the respective segment has not complied with these requirements.end delete The bill would require the regents to comply with the Working Families Student Fee Transparency and Accountability Act as a condition of the receipt of state funding in the annual Budget Act. 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 assistbegin insert residentend insert students and families in
37meeting the 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.

begin delete
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SEC. 4.  

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

3

66028.7.  

(a) Notwithstanding any other law, the trustees shall
4not implement an increase in mandatory systemwide tuition and
5fees to a California resident student of the California State
6University if the Legislative Analyst determines in its report
7required in subdivision (b) of Section 66028.6, that the trustees
8failed to comply with the requirements of this article before
9approving the increase.

10(b) The regents shall not implement an increase in mandatory
11systemwide tuition and fees to a California resident student of the
12University of California if the Legislative Analyst determines in
13its report required in subdivision (b) of Section 66028.6, that the
14regents failed to comply with the requirements of this article before
15approving the increase.

16(c) An increase in systemwide tuition and fees for California
17resident students adopted by the trustees or regents pursuant to
18subdivision (a) or (b), respectively, may be rescinded with the
19adoption of the annual Budget Act.

end delete
20

begin deleteSEC. 5.end delete
21begin insertSEC. 4.end insert  

Section 66028.8 is added to the Education Code, to
22read:

23

66028.8.  

Notwithstanding Section 67400, as a condition of the
24receipt of state funding in the annual Budget Act, the regents shall
25comply with this article.



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