BILL ANALYSIS Ó
AB 2364
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2364
(Holden) - As Amended April 7, 2016
SUBJECT: Public postsecondary education: community colleges:
exemption from nonresident tuition.
SUMMARY: Requires California Community Colleges (CCC) districts
to exempt a special part-time student, other than a nonimmigrant
alien, as defined, from paying all or parts of the fee if that
student is admitted pursuant to one of additionally specified
concurrent or dual enrollment programs.
EXISTING LAW:
1)Authorizes the governing board of a school district, upon
recommendation of the principal of a student's school of
attendance, and with parental consent, to authorize a student
who would benefit from advanced scholastic or vocational work
to attend a community college as a special part-time or
full-time student. Additionally, current law prohibited a
principal from recommending, for community college summer
session attendance, more than 5 percent of the total number of
students in the same grade level and exempted from the 5
percent cap a student recommended by his or her principal for
enrollment in a college-level summer session course if the
course in which the pupil was enrolled met specified criteria.
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These exemptions were repealed on January 1, 2014 (Education
Code (EC) Section 48800, et seq.).
2)Prohibits a pupil enrolled in a public school from being
required to pay a pupil fee for participation in an
educational activity; and, specifies that all of the following
requirements apply to the prohibition:
a) All supplies, materials, and equipment needed to
participate in educational activities shall be provided to
pupils free of charge;
b) A fee waiver policy shall not make a pupil fee
permissible;
c) School districts and schools shall not establish a
two-tier educational system by requiring a minimal
educational standard and also offering a second, higher
educational standard that pupils may only obtain via
payment of a fee or purchase of additional supplies that
the school district does not provide; and,
d) A school district or school shall not offer course
credit or privileges related to educational activities in
exchange for money or donations of goods or services from a
pupil or a pupil's parents or guardians, and a school
district or school shall not remove course credit or
privileges related to educational activities, or otherwise
discriminate against a pupil, because the pupil or the
pupil's parents or guardians did not or will not provide
money or donations of goods or services to the school
district or school (EC Section 49011).
3)Specifies that a student exempt from nonresident tuition may
be reported by a community college district as a Full-Time
Equivalent Student (FTES) for apportionment purposes; and,
exempts, as specified, California nonresidents from paying
nonresident tuition at the University of California (UC),
California State University (CSU), and the CCCs if they meet
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all of the following:
a) Attended a California high school for three or more
years;
b) Graduated from a California high school or attained an
equivalent degree;
c) Registered or attended an accredited California higher
education institution not before fall of the 2001-02
academic year; and,
d) In the case of a person without lawful immigration
status, the filing of an affidavit with the institution of
higher education stating that the student has filed an
application to legalize his or her immigration status, or
will file an application as soon as he or she is eligible
to do so (EC Sections 68130 and 68130.5).
4)Requires the CCC Chancellor's Office to report to the
Department of Finance and Legislature annually on the amount
of FTES claimed by each CCC district for high school pupils
enrolled in non-credit, non-degree applicable, and degree
applicable courses; and provides that, for purposes of
receiving state apportionments, CCC districts may only include
high school students within the CCC district's report on FTES
if the students are enrolled in courses that are open to the
general public, as specified. Additionally, current law
requires the governing board of a CCC district to assign a low
enrollment priority to special part-time or full-time students
in order to ensure that these students do not displace
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regularly admitted community college students (EC Sections
76001 and 76002).
5)Authorizes the governing board of a community college district
to enter into a College and Career Access Pathways (CCAP)
partnership with the governing board of a school district for
the purpose of offering or expanding dual enrollment
opportunities for students who may not already be college
bound or who are underrepresented in higher education, with
the goal of developing seamless pathways from high school to
community college for career technical education or
preparation for transfer, improving high school graduation
rates, or helping high school pupils achieve college and
career readiness; and authorizes the governing board of a
community college district participating in a CCAP partnership
agreement to exempt special part-time students, as specified,
from various fee requirements, as specified (EC Section
76004).
6)Authorizes a community college district to admit and charge a
tuition fee to nonresident students, except that a community
college district may exempt from all or parts of the fee any
person, as specified (EC 76140).
FISCAL EFFECT: Unknown
COMMENTS: Concurrent and dual enrollment background. According
to New Directions for Community Colleges, no. 169, Spring 2015,
the practice of offering college courses to high school students
stems from local practice in many states and was initiated
between community college districts and local school districts,
but the practice proceeded without clear state policy
guidelines, regulations, or direction; resulting in variation in
local practice. Some states, such as Minnesota, as far back as
the 1980s, were early adopters of state dual credit policies,
whereby their state policies provided a framework for offering
college courses to high school students and the students
receiving both college and high school credit for some of their
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courses.
College and Career Access Pathways partnership (CCAP).
Community college districts may claim FTES and state
apportionment for courses given through CCAP provided that
specified requirements are met. The CCAP must make reference to
the following student fee prohibitions and exemptions:
1)High school pupils enrolled in courses offered through a CCAP
agreement shall not be assessed or charged a fee prohibited by
EC Section 49011, including a fee charged to a pupil, or a
pupil's parent or guardian, as a condition for course
registration or for textbooks, supplies, materials, and
equipment needed to participate in the course; and,
2)High school pupils enrolled in courses offered through a CCAP
agreement and that are properly classified as having "special
part-time student" status, shall be exempt from the following
community college fee requirements:
a) Student representation fee;
b) Nonresident tuition fee;
c) Transcript fees;
d) Course enrollment fees;
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e) Apprenticeship course fees; and,
f) Child development center fees.
This measure seeks to correct a conflict in existing law whereby
a community college district does not have express authority to
claim state apportionment for nonresident high school students
participating in a CCAP partnership.
Purpose of this measure. According to the author, this measure
ensures that undocumented students are able to access concurrent
enrollment programs by granting them resident tuition
eligibility and that community colleges are able to claim
apportionment for said students.
Two tracks? While this measure does not seek to bring clarity
as to the existing two tracks for community college districts
offering dual or concurrent enrollment for high school pupils,
moving forward, the author may wish to consider eliminating the
non-CCAP track in statute.
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Apportionment. Nothing in current law prohibits community
college districts from choosing to admit special part-time or
full-time high school students and waiving any associated
tuition and fees for their enrollment. However, should
community college districts be allowed to claim apportionment
dollars for high school students when they have been tasked with
enrollment growth, presumably of adults?
This measure may have the unintended consequence of creating an
incentive for community college districts to earn more
apportionment dollars by enrolling more high school students,
instead of the adults it has been tasked to serve.
Moving forward, the Committee and author may wish to determine
if it is appropriate to incentivize ways for community college
districts to earn more apportionment dollars, without factoring
in the mission of the colleges.
Related legislation. AB 2681 (O'Donnell), which will be heard
in this Committee today, would, among others, establish an
incentive for districts to enter into CCAP partnerships by
providing grants that may be used to offset the costs of
associated activities.
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AB 2758 (Gipson), which is awaiting a hearing in this Committee,
is very similar in nature to this measure.
AB 288 (Holden), Chapter 618, Statues of 2015, created, among
others, the CCAP.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community Colleges Board of Governors
California Coalition of Early and Middle Colleges
California Immigrant Policy Center
Community College League of California
Compton Unified School District (sponsor)
Foothill De Anza Community College District
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Los Rios Community College District
Mexican American Legal Defense and Education Fund
Napa County Office of Education
Peralta Community College District
Riverside County Superintendent of Schools
San Diego Community College District
San Francisco Community College District
Yuba Community College District
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960
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