BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2364 (Holden) - Public postsecondary education:  community  
          colleges:  exemption from nonresident tuition
          
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          |Version: April 7, 2016          |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.




          


          Bill  
          Summary:  This bill requires a community college district to  
          exempt all special part-time students, as specified, from  
          nonresident fees and allows these students to be reported as  
          resident full-time equivalent students (FTES) to receive  
          associated state apportionments.


          Fiscal  
          Impact:  
           The California Community Colleges (CCC) estimates the cost of  
            allowing community colleges to claim apportionment for  
            specified students is $2.6 million.  This would constitute a  
            cost pressure as CCC enrollment funding is capped each year.   







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            The CCC estimates that 2,362 undocumented high school students  
            living in California are enrolled in community college courses  
            and took 6 units over the academic year.  

          It is not anticipated that CCC will experience any revenue loss  
            due to the nonresident fee exemption as these students are  
            unlikely to have chosen to participate in concurrent  
            enrollment at the CCC if they would have had to pay a  
            nonresident tuition fee of $200 per unit.  (Proposition 98)


          Background:  Community college districts have several statutorily  
          authorized means by which state apportionment can be claimed for  
          minors enrolled by the district provided conditions are met for  
          each respective program.  This bill relates to three of these  
          options: admitting special part-time students by a school  
          principal recommendation, under a College and Career Access  
          Pathways (CCAP) partnership, or under the Long Beach Promise  
          Program.
          Existing law authorizes the governing board of a school  
          district, upon recommendation of the principal of a student's  
          school and with parental consent, to authorize a student to  
          concurrently enroll in a community college to take one or more  
          courses of instruction.  A community college is required to be  
          credited with the attendance of these students for state  
          apportionments, only if those students are enrolled in community  
          college classes that meet specified criteria, such as being open  
          to the public.  (Education Code § 48800, et seq.) (EC § 76002) 


          The intent of the CCAP Act is to serve lower achieving students  
          in an effort to reduce remediation, increase degree completion,  
          decrease time to degree, and stimulate interest in higher  
          education among high school students for students who may not  
          already be college bound or who are underrepresented in higher  
          education.  The CCAP program established various requirements  
          relative to state allowances and apportionments.  Among these,  
          it requires the crediting of FTES for eligible high school  
          students attributable to a CCC district conducting a closed  
          course on a high school campus.  It also authorized the  
          crediting of FTES for high school students attending courses at  
          the CCC.  In both instances, however, the community college is  
          prohibited from receiving FTES if the school district has  
          received reimbursement for the same instructional activity.








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          The Long Beach Promise Program was established in 2008, and  
          sunsets June 30, 2017, as a collaborative partnership between  
          the Long Beach Unified School District, the Long Beach City  
          College, and the California State University at Long Beach with  
          the general goals of increasing college preparation, college  
          access, and ultimately college success.  Long Beach Community  
          College District is authorized to include these special  
          part-time and special full-time students for purposes of  
          receiving state apportionment (FTES) provided that no school  
          district has received reimbursement for the same instructional  
          activity.


          Existing law requires a community college to charge a tuition  
          fee to nonresident students and also authorizes a community  
          college district to exempt a special admit student from all or  
          part of a nonresident student tuition fee.  A district is  
          prohibited from reporting nonresident students as FTES for state  
          apportionment purposes except as specifically provided by  
          statute in which case a nonresident tuition fee may not be  
          charged. (EC § 76140)  Current law does not cover special  
          part-time students.  This bill requires nonresident special  
          part-time students to be exempt from nonresident fees and  
          authorizes community colleges to report these students as  
          resident FTES for state apportionment purposes.




          Proposed Law:  
            This bill requires a community college district to exempt all  
          special part-time students from nonresident fees (other than a  
          nonimmigrant alien, as defined by federal law) and allows these  
          students to be reported as resident FTES to receive associated  
          state apportionments.
          With regard to waiving nonresident fees, this bill specifically  
          makes reference to three options for admitting special part-time  
          students: (1) by a school principal recommendation, (2) under a  
          CCAP partnership, or (3) under the Long Beach Promise Program.











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          Related  
          Legislation:  In 2013, SB 150 (Lara, Chapter 575, Statutes of  
          2013) was enacted to authorize a CCC to exempt special part-time  
          students from any nonresident tuition fees.


          Staff  
          Comments:  This bill pertains specifically to nonresident  
          special part-time students, or undocumented high school students  
          living in California, and how they generate funding at the CCC.   
          Existing law provides the authority to exempt special part-time  
          students from nonresident tuition fees and does not provide the  
          authority to claim FTES.  This bill would require the fee  
          exemption and provide the authority to claim FTES for state  
          apportionment purposes.


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