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.
AB 2364 (Holden) Page 1 of
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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.
AB 2364 (Holden) Page 2 of
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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.
AB 2364 (Holden) Page 3 of
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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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