AB 2210, as introduced, Harper. California State University: student success fees.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees by rule to require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to those persons. Existing law prohibits specified California State University campus-based mandatory fees from being reallocated without an affirmative vote of the majority of the members of either the student body or a specified campus fee advisory committee voting on the fee reallocation, unless the vote that established the fee authorizes an alternative or automatic reallocation mechanism for that fee.
Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, from imposing a student success fee, as defined, unless certain requirements are met. Among these requirements is an affirmative vote of a majority of the student body voting at a binding student election.
This bill would increase the affirmative vote required for the imposition of a student success fee from a majority to 2⁄3 of the student body voting on that proposed fee. The bill would also make a technical conforming change in a related provision.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 89711 of the Education Code is amended
2to read:
(a) Except as provided for in subdivision (b), a
4California State University campus-based mandatory feebegin insert, other
5than a student success fee as defined in Section 89712,end insert established
6through an affirmative vote of the majority of the student body
7voting on the fee, but not specifically authorized by statute, shall
8not be reallocated without an affirmative vote of a majority of the
9members of either the student body or a campus fee advisory
10committee established under the policies of the California State
11University voting on the fee reallocation.
12(b) A California State University campus-based mandatory feebegin insert,
13
other than a student success fee as defined in Section 89712,end insert
14 established through an affirmative vote of the majority of the
15student body voting on the fee, but not specifically authorized by
16statute, may be reallocated without an affirmative vote of a majority
17of the members of either the student body or a campus fee advisory
18committee voting on the fee if the vote that established the fee
19authorized an alternative or automatic reallocation mechanism for
20that fee.
21(c) This section shall not apply to campus-based fees approved
22prior to the enactment of this section.
Section 89712 of the Education Code, as added by
24Section 2 of Chapter 636 of the Statutes of 2015, is amended to
25read:
(a) (1) begin deleteA end deletebegin insertNeither a end insertcampus of the California State
27begin delete University, orend deletebegin insert University norend insert the Chancellor of the California State
28begin delete University, or both, shall notend deletebegin insert University shallend insert approve a new
29student success fee or an increase to an
existing student success
30fee, as defined in subdivision (g), before all of the following
31requirements are satisfied:
P3 1(A) The campus undertakes a rigorous consultation process that
2informs and educates students on the uses, impact, and cost of any
3proposed student success fee or student success fee increase.
4(B) The campus informs its students of all of the following
5circumstances, which shall apply to these fees:
6(i) That, except as provided in clauses (ii) and (iii), a student
7success fee may be rescinded by a majority vote of the students,
8as specified in subdivision (c).
9(ii) That a student success fee may not be rescinded earlier than
10six years following the vote to implement the fee.
11(iii) If any portion of the student success fee is committed to
12support a long-term obligation, that portion of the fee may not be
13rescinded until the obligation has been satisfied.
14(C) The campus shall hold a binding student election on the
15implementation of any proposed student success fees, or any
16increase to an existing student success fee, andbegin delete a majorityend delete
17begin insert two-thirdsend insert of the student body voting on the fee must vote
18affirmatively.
19(2) Implementation of a fee supported bybegin delete a majorityend deletebegin insert two-thirdsend insert
20
of the campus student body voting on the fee is contingent upon
21the final approval of the Chancellor of the California State
22University.
23(3) A student success fee proposal may not be brought before
24the student body more frequently than once per academic year.
25(b) A student success fee in place on January 1, 2016, may be
26rescinded by a binding student vote under the procedures
27authorized in subdivision (c) only after at least six years have
28elapsed following the implementation of the fee.
29(c) (1) Student success fees may be rescinded with a binding
30student vote wherein a simple majority of those students voting
31vote to rescind the fee. The student vote shall comply with all of
32the following:
33(A) A campus decision to
vote is formally approved by the
34recognized student government.
35(B) Rescission vote proposals shall not be brought before the
36student body more frequently than once per academic year.
37(C) In the process of reconsidering a student success fee, and
38before the student vote occurs, the students shall be informed, if
39a portion of the fee is supporting a long-term obligation, the dollar
P4 1amount of that portion, and the date on which the long-term
2obligation would be satisfied.
3(2) No new contractual or other obligation that would be
4supported by the rescinded student success fee may be entered into
5following a vote to rescind the fee.
6(d) The Chancellor of the California State University shall
7ensure that all of the following occur on each campus:
8(1) There is majority student representation in campus student
9success fee allocation oversight groups.
10(2) There is an annual report from each campus to the chancellor
11on student success fees.
12(3) There is uniform, transparent, online accountability in the
13decisionmaking process for, and a detailed accounting of, the
14allocation of student success fees.
15(e) The Chancellor of the California State University shall
16establish appropriate reporting procedures to ensure that a campus
17is in compliance with the requirements of this section.
18(f) The chancellor shall report, by December 1 of each year, to
19the Department of Finance, and the Legislature pursuant to Section
209795 of the Government Code, a
summary of the fees adopted or
21rescinded in the prior academic year, and the uses of proposed and
22currently implemented fees.
23(g) For purposes of this section, a “student success fee” is a type
24of category II campus-based mandatory fee that is required to be
25paid by a student before that student may enroll or attend a campus
26of the California State University, as determined by that campus
27or the Chancellor of the California State University.
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