BILL NUMBER: AB 1995 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
FEBRUARY 16, 2016
An act to amend Sections 76300 and 78212 of, and to add Section
76011 to, the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1995, as introduced, Williams. Community colleges: homeless
students: access to shower facilities.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, and authorizes the governing board of a community
college district to grant the use of college facilities or grounds
for specified purposes.
This bill would require a community college campus that has shower
facilities for student use to grant access to those facilities to
any homeless student who is enrolled in coursework, has paid
enrollment fees, and is in good standing with the community college
district. The bill would require the community college to maintain
records relating to, among other things, student participation in the
program, and to conduct outreach to homeless students at each
community college campus relating to available services. By imposing
additional duties on community college districts, the bill would
impose a state-mandated local program.
Existing law requires the governing board of a community college
to charge an enrollment fee of $46 per semester, and also authorizes
the board of governors to waive the fee under certain circumstances.
The bill would require the board of governors to include on the
application form for a fee waiver, commencing with the 2017-18
academic year, a question asking whether the applicant is homeless.
Existing law, the Seymour-Campbell Student Success Act of 2012,
requires a community college, as a condition of receiving funding for
the Student Success and Support Program, to implement specified
services.
This bill would add the administration of a program to provide
shower facilities to homeless students to the list of services a
community college is required to provide pursuant to those
provisions. The bill would also update a cross-reference.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76011 is added to the Education Code, to read:
76011. (a) If a community college campus has shower facilities
for student use on campus, the governing board of the community
college district shall grant access to those facilities to any
homeless student who is enrolled in coursework, has paid enrollment
fees, and is in good standing with the community college district
without requiring the student to enroll in additional courses.
(b) The governing board shall do all of the following:
(1) Use existing staff to implement this section.
(2) Maintain records of all of the following:
(A) The number of students assisted by the program created by this
section.
(B) The class attendance for each participating student.
(C) The number of students exiting the program.
(D) The fiscal impact of the program on the community college
district.
(3) Conduct outreach to homeless students at each community
college campus to inform students about available resources offered
by the community college and the community.
SEC. 2. Section 76300 of the Education Code is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(D) Commencing with the application process for fee waivers for
the 2017-18 academic year, and for each academic year thereafter, the
application form for a fee waiver under this subdivision shall
include a question asking whether the applicant is homeless.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 3. Section 78212 of the Education Code is amended to read:
78212. (a) (1) For purposes of this article, "matriculation"
means a process that brings a college and a student into an agreement
for the purpose of achieving the student's educational goals and
completing the student's course of study. The agreement involves the
responsibilities of both parties to attain those objectives through
the college's established programs, policies, and requirements
including those established by the board of governors pursuant to
Section 78215.
(2) The institution's responsibility under the agreement includes
the provision of student services to provide a strong foundation and
support for their academic success and ability to achieve their
educational goals. The program of services funded through the
Seymour-Campbell Student Success Act of 2012, which shall be known
and may be cited as the Student Success and Support Program, shall
include, but are not necessarily limited to, all of the following:
(A) Orientation services designed to provide to students, on a
timely basis, information concerning campus procedures, academic
expectations, financial assistance, and any other matters the college
or district finds appropriate.
(B) Assessment before course registration, as defined in Section
78213.
(C) Counseling and other education planning services, which shall
include, but not necessarily be limited to, all of the following:
(i) Counseling and advising.
(ii) Assistance to students in the exploration of educational and
career interests and aptitudes and identification of educational
objectives, including, but not limited to, preparation for transfer,
associate degrees, and career technical education certificates and
licenses.
(iii) The provision of information, guided by sound counseling
principles and practices, using a broad array of delivery mechanisms,
including technology-based strategies to serve a continuum of
student needs and abilities, that will enable students to make
informed choices.
(iv) Development of an education plan leading to a course of study
and guidance on course selection that is informed by, and related
to, a student's academic and career goals.
(D) Referral to specialized support services as needed and
available, including, but not necessarily limited to, federal, state,
and local financial assistance; health services; career services;
veteran support services; foster youth services; extended opportunity
programs and services provided pursuant to Article 8 (commencing
with Section 69640) of Chapter 2 of Part 42 of Division 5; campus
child care services provided pursuant to Article 4
(commencing with Section 8225) of Chapter 2 of Part 6 of Division 1
of Title 1; Article 6 (commencing with Section 66060)
of Chapter 2 of Part 40 of Division 5; programs that teach
basic skills education and English as a second language; and disabled
student services provided pursuant to Chapter 14 (commencing with
Section 67300) of Part 40 of Division 5.
(E) Evaluation of each student's progress and referral to
appropriate interventions for students who are enrolled in basic
skills courses, who have not declared an educational goal as
required, or who are on academic probation, as defined by standards
adopted by the Board of Governors of the California Community
Colleges and community college districts.
(F) Administering a program to provide shower facilities to
homeless students pursuant to Section 76011.
(3) The student's responsibilities under the agreement include,
but are not necessarily limited to, the identification of an academic
and career goal upon application, the declaration of a specific
course of study after a specified time period or unit accumulation,
as defined by the board of governors, diligence in class attendance
and completion of assigned coursework, and the completion of courses
and maintenance of academic progress toward an educational goal and
course of study identified in the student's education plan. To ensure
that students are not unfairly impacted by the requirements of this
chapter, the board of governors shall establish a reasonable
implementation period that is phased in as resources are available to
provide nonexempt students with the core services pursuant to this
section.
(b) Funding for the Student Success and Support Program shall be
targeted to fully implement orientation, assessment, counseling and
advising, and other education planning services needed to assist a
student in making an informed decision about his or her educational
goal and course of study and in the development of an education plan.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.