Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1995

Introduced by Assembly Member Williams

February 16, 2016

An act to amend begin delete Sections 76300 and end delete begin insert Section end insert 78212 of, and to add Section 76011 to, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1995, as amended, 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 begin delete maintain records relating to, among other things, student participation in the program, and to conduct end delete begin insert create a plan of action to implement this requirement that includes, among other things, conducting end insert 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.

begin delete

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.

end delete begin delete

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.

end delete

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 begin delete do end delete begin insert create a plan of action to
implement subdivision (a) that includes, but is not limited to, end insert all
of the following:

begin delete

(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.

end delete begin insert

(1) Hours of operation for the shower facilities.

end insert begin insert

(2) A student safety plan for shower facility use.

end insert begin insert

(3) The minimum number of units a student must be enrolled in
to use the facilities.

end insert begin insert

(4) A plan of action if hours of operation conflict with athletic
games.

end insert begin insert

(5) A definition of homeless student that is based on the
definition of homeless youth specified in the McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), but also
reflects the age of the homeless student population at the
community college campus.

end insert begin insert

(6) The fiscal impact of the program on the community college
district.

end insert begin delete

(3)

end delete

begin insert (7) end insert   begin delete Conduct end delete begin insert Conducting end insert outreach to homeless students at each
community college campus to inform students about available
resources offered by the community college and the community.

begin delete

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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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
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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.