BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1711 (McCarty) - As Amended April 18, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill places limits on nonresident undergraduate enrollment  
          at the University of California (UC). Specifically, this bill: 


          1)Requires UC to comply with the following, as a condition of  
            receiving state funds:


             a)   Prohibits the percentage of undergraduate nonresident  
               students enrolled at UC systemwide from exceeding 15.5% of  
               total undergraduate student enrollment.









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             b)   Prohibits any UC campus where undergraduate nonresident  
               enrollment exceeds 15.5% from enrolling any more such  
               students than were enrolled at that campus in 2015-16.

             c)   Beginning in the 2017-18 academic year, requires not  
               less than 50% of the revenues, in excess of the marginal  
               cost of instruction, from newly-enrolled undergraduate  
               nonresident students to be directed to fund increased  
               enrollment of undergraduate resident students at all  
               campuses serving undergraduates.


          2)Requires UC to report annually on nonresident undergraduate  
            tuition levels, tuition revenue, distribution of these  
            revenues among campuses, and uses of these funds, including  
            the number of undergraduate resident students admitted per  
            (1)(c) above.


          3)Stipulates that UC is not required to comply with (1)(a) and  
            (1)(b) when the Budget Act provides less state support to UC  
            than in the prior fiscal year.


          4)Requires, by July 1, 2017, UC to establish a policy regarding  
            admission of nonresident undergraduate students to require  
            each campus to only admit undergraduate nonresidents that  
            stand in the upper half of those admitted undergraduate  
            resident students at that campus.  Requires related annual  
            reporting, as specified.


          FISCAL EFFECT:


          To the extent the limits in this bill reduce the number of  
          nonresident undergraduates that would otherwise attend UC, the  








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          university will forego about $18,000 per student in net  
          revenue-the amount paid by these students in excess of the  
          marginal cost of their instruction. UC notes that, because ever  
          larger classes of nonresidents have been admitted in recent  
          years, if all UC campuses maintained the enrollment of new  
          nonresidents at current levels, total nonresident enrollment at  
          UC would grow above systemwide 15.5% cap in AB 1711. Therefore,  
          all campuses would have to reduce new nonresident enrollments  
          below 2015-16 levels in order to achieve the systemwide cap. For  
          every 1,000 additional nonresidents that UC would otherwise  
          enroll absent this cap, the university would forego about $18  
          million in net revenue.


          UC estimates that when compared to a scenario where nonresident  
          enrollment would otherwise grow at current trends, but not  
          exceed the current 24.3% of enrollment at UC Berkeley, the  
          system would have to reduce enrollments by about 5,300 students  
          in 2017-18-a revenue loss of about $96 million. By 2020-21, UC  
          estimates the impact would be $226 million, based on assumed  
          higher nonresident tuition charges at that time.


          The requirement in the bill to redirect 50% of the net revenue  
          from new nonresident undergraduate to fund resident enrollment  
          growth would result in the reallocation of about $74 million in  
          2017-18, increasing to $120 million in 20-21. The 2017-18 amount  
          would provide funding to enroll about 8,200 new students in  
          2017-18. (UC is already planning to increase resident  
          undergraduate enrollment by 10,000 over the next three years.)  
          This requirement would result in a reallocation of these  
          resources among campuses and also a diversion of these resources  
          from their current uses.


          COMMENTS:


          1)Purpose. According to the author, there has been a growing  








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            trend at UC to enroll more out of state and international  
            students (nonresidents) at the expense of California students  
            (residents).  The author argues that the main reason for this  
            shift in enrollment is due to the additional tuition and fee  
            revenues paid by nonresidents. For 2015-16, tuition and fees  
            are $38,105 for nonresidents and $13,400 for resident  
            students. Formerly, UC required the supplemental nonresident  
            tuition to be collected centrally and redistributed back to  
            all campuses based on systemwide priorities. Since 2007-08,  
            however, UC has allowed individual campuses to retain the  
            revenue associated with their nonresident supplemental  
            tuition. The author points out that, in the fall of 2015, UC  
            admitted 1,600 fewer resident freshmen compared to fall 2014,  
            while increasing nonresident enrollment by 4,700.  According  
            to the author, without the ratio and budgetary language as  
            proposed in this bill, the UC will continue to grow its  
            non-resident student population at the expense of resident  
            Californians.


            This bill prohibits the systemwide undergraduate nonresident  
            enrollment from exceeding the current level of 15.5% of total  
            undergraduate student enrollment, and prohibits any campus  
            where nonresident enrollment exceeds 15.5% from enrolling more  
            new nonresident students than it did in 2015-16.  Currently  
            the Berkeley, Irvine, Los Angeles and San Diego campuses are  
            above the 15.5% rate. Under the provisions of this bill, those  
            campuses would only be authorized to enroll the same number of  
            new nonresidents as were enrolled in 2015-16.  This provision  
            is intended to allow nonresident enrollment at these campuses  
            but also ensure that, as systemwide resident enrollment  
            increases, nonresident growth (and associated revenue) can  
            occur at campuses with lower nonresident rates. 





          2)State Auditor Report. On March 28, 2016, the California State  








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            Auditor (CSA) released Report 2015-107, entitled "The  
            University of California: Its Admissions and Financial  
            Decisions Have Disadvantaged California Resident Students."   
            According to the Auditor's findings, since 2011, UC has  
            required nonresidents to "compare favorably" to residents;  
            formerly, it had required nonresidents to meet the standards  
            of the upper half of admitted Californians. Since the change,  
            UC admitted nearly 16,000 nonresidents whose scores fell below  
            the median scores for admitted residents at the same campus on  
            every academic test score and grade point average evaluated.



            The auditor recommended, and this bill requires, that UC  
            revise its admission standard for nonresidents to require  
            campuses to admit only nonresidents with admissions  
            credentials that place them in the upper half of the admitted  
            residents.





          3)UC Concerns. UC asserts that, "AB 1711 is based primarily on  
            the faulty premise that nonresidents displace California  
            students and that, therefore, capping nonresident enrollment  
            will create opportunity for more Californians to attend UC.  
            This assumption is inaccurate, as nonresidents are admitted  
            over and above the University's targets for funded  
            Californians." UC believes that the loss of revenue, as  
            outlined above, will be a detriment to all students. UC argues  
            that the proposed change in admissions policy is inconsistent  
            with its existing admissions policies and will undermine its  
            comprehensive review process. 



          4)Related Legislation. AB 1370 (Medina), pending in Senate  
            Education, prohibits the number of undergraduate nonresident  








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            students enrolled at any UC campus from exceeding the number  
            enrolled in 2015-16 and requires that, by the 2018-19  and  
            each academic year thereafter, not less than 50% of the  
            revenues in excess of the marginal cost of instruction,  
            generated from undergraduate nonresident enrollment, be  
            directed to fund increased enrollment of undergraduate  
            resident students across all campuses with undergraduate  
            students.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081