SB 605, as introduced, Gaines. Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District.
(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption is applicable.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2) This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3) 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.
(4) This bill would declare that it would not become operative unless, on or before July 1, 2021, the Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providing reciprocal rights to California residents attending Nevada colleges that reasonably conform to the benefits conferred upon Nevada residents by this bill.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 76140 of the Education Code is amended
2to read:
(a) A community college district may admit, and shall
4charge a tuition fee to, nonresident students, except that a
5community college district may exempt from all or parts of the
6fee any person described in paragraph (1), (2), (3),begin delete or (4),end deletebegin insert (4), or
7(6),end insert and shall exempt from all of the fee any person described in
8paragraph (5):
9(1) All nonresidents who enroll for six or fewer units.
10Exemptions made pursuant to this paragraph shall not be made on
11an individual basis.
12(2) Any nonresident who is both a citizen and
resident of a
13foreign country, if the nonresident has demonstrated a financial
14need for the exemption. Not more than 10 percent of the
15nonresident foreign students attending any community college
16district may be so exempted. Exemptions made pursuant to this
17paragraph may be made on an individual basis.
P3 1(3) (A) A student who, as of August 29, 2005, was enrolled,
2or admitted with an intention to enroll, in the fall term of the
32005-06 academic year in a regionally accredited institution of
4higher education in Alabama, Louisiana, or Mississippi, and who
5could not continue his or her attendance at that institution as a
6direct consequence of damage sustained by that institution as a
7result of Hurricane Katrina.
8(B) The chancellor shall develop guidelines for the
9implementation of this paragraph. These guidelines shall include
10standards for appropriate
documentation of student eligibility to
11the extent feasible.
12(C) This paragraph shall apply only to the 2005-06 academic
13year.
14(4) A special part-time student admitted pursuant to Section
1576001.
16(5) A nonresident student who is a United States citizen who
17resides in a foreign country, if that nonresident meets all of the
18following requirements:
19(A) Demonstrates a financial need for the exemption.
20(B) Has a parent or guardian who has been deported or was
21permitted to depart voluntarily under the federal Immigration and
22Nationality Act in accordance with Section 1229c of Title 8 of the
23United States Code. The student shall provide documents from the
24United States Citizenship and Immigration
Services evidencing
25the deportation or voluntary departure of his or her parent or
26guardian.
27(C) Moved abroad as a result of the deportation or voluntary
28departure specified in subparagraph (B).
29(D) Lived in California immediately before moving abroad. The
30student shall provide information and evidence that demonstrates
31the student previously lived in California.
32(E) Attended a public or private secondary school, as described
33in Sections 52 and 53, in the state for three or more years. The
34student shall provide documents that demonstrate his or her
35secondary school attendance.
36(F) Upon enrollment, will be in his or her first academic year
37as a matriculated student in California public higher education, as
38that term is defined in subdivision (a) of
Section 66010, will be
39living in California, and will file an affidavit with the institution
P4 1stating that he or she intends to establish residency in California
2as soon as possible.
3(6) (A) A student who attends Lake Tahoe Community College
4and who has residence, pursuant to subparagraph (B), in one of
5the following communities in Nevada:
6(i) Incline Village.
end insertbegin insert7(ii) Kingsbury.
end insertbegin insert8(iii) Round Hill.
end insertbegin insert9(iv) Skyland.
end insertbegin insert10(v) Stateline.
end insertbegin insert11(vi) Zephyr Cove.
end insertbegin insert
12(B) Residence shall be determined pursuant to Article 5
13(commencing with Section 68060) of Chapter 1 of Part 41 of
14Division 5. A person shall have residence in one of the communities
15listed in subparagraph (A) if the person has lived in the community
16for more than one year immediately prior to seeking the fee
17exemption pursuant to this paragraph.
18(C) The governing board of the Lake Tahoe Community
College
19District shall adopt rules and regulations for determining a
20student’s residence classification and for establishing procedures
21for an appeal and review of the residence classification. No more
22than 200 students shall be exempted from payment of a nonresident
23tuition fee under this paragraph in any academic year.
24(b) A district may contract with a state, a county contiguous to
25California, the federal government, or a foreign country, or an
26agency thereof, for payment of all or a part of a nonresident
27student’s tuition fee.
28(c) Nonresident students shall not be reported as full-time
29equivalent students (FTES) for state apportionment purposes,
30except as provided by subdivision (j) or another statute, in which
31case a nonresident tuition fee may not be charged.
32(d) The nonresident tuition
fee shall be set by the governing
33board of each community college district not later than February
341 of each year for the succeeding fiscal year. The governing board
35of each community college district shall provide nonresident
36students with notice of nonresident tuition fee changes during the
37spring term before the fall term in which the change will take
38effect. Nonresident tuition fee increases shall be gradual, moderate,
39and predictable. The fee may be paid in installments, as determined
40by the governing board of the district.
P5 1(e) (1) The fee established by the governing board pursuant to
2subdivision (d) shall represent for nonresident students enrolled
3in 30 semester units or 45 quarter units of credit per fiscal year
4one or more of the following:
5(A) The amount that was expended by the district for the
6expense of education as defined by the California
Community
7College Budget and Accounting Manual in the preceding fiscal
8year increased by the projected percent increase in the United
9States Consumer Price Index as determined by the Department of
10Finance for the current fiscal year and succeeding fiscal year and
11divided by the FTES (including nonresident students) attending
12in the district in the preceding fiscal year. However, if for the
13district’s preceding fiscal year FTES of all students attending in
14the district in noncredit courses is equal to, or greater than, 10
15percent of the district’s total FTES attending in the district, the
16district may substitute the data for expense of education in grades
1713 and 14 and FTES in grades 13 and 14 attending in the district.
18(B) The expense of education in the preceding fiscal year of all
19districts increased by the projected percent increase in the United
20States Consumer Price Index as determined by the Department of
21Finance for the fiscal year and
succeeding fiscal year and divided
22by the FTES (including nonresident students) attending all districts
23during the preceding fiscal year. However, if the amount calculated
24under this paragraph for the succeeding fiscal year is less than the
25amount established for the current fiscal year or for any of the past
26four fiscal years, the district may set the nonresident tuition fee at
27the greater of the current or any of the past four-year amounts.
28(C) An amount not to exceed the fee established by the
29governing board of any contiguous district.
30(D) An amount not to exceed the amount that was expended by
31the district for the expense of education, but in no case less than
32the statewide average as set forth in subparagraph (B).
33(E) An amount no greater than the average of the nonresident
34tuition fees of public community
colleges of no less than 12 states
35that are comparable to California in cost of living. The
36determination of comparable states shall be based on a composite
37cost-of-living index as determined by the United States Department
38of Labor or a cooperating government agency.
39(2) The additional revenue generated by the increased
40nonresident tuition permitted under the amendments made to this
P6 1subdivision during the 2009-10 Regular Session shall be used to
2expand and enhance services to resident students. In no event shall
3the admission of nonresident students come at the expense of
4resident enrollment.
5(f) The governing board of each community college district also
6shall adopt a tuition fee per unit of credit for nonresident students
7enrolled in more or less than 15 units of credit per term by dividing
8the fee determined in subdivision (e) by 30 for colleges operating
9on the semester
system and 45 for colleges operating on the quarter
10system and rounding to the nearest whole dollar. The same rate
11shall be uniformly charged nonresident students attending any
12terms or sessions maintained by the community college. The rate
13charged shall be the rate established for the fiscal year in which
14the term or session ends.
15(g) Any loss in district revenue generated by the nonresident
16tuition fee shall not be offset by additional state funding.
17(h) Any district that has fewer than 1,500 FTES and whose
18boundary is within 10 miles of another state that has a reciprocity
19agreement with California governing student attendance and fees
20may exempt students from that state from the mandatory fee
21requirement described in subdivision (a) for nonresident students.
22(i) Any district that has more than 1,500, but less
than 3,001,
23FTES and whose boundary is within 10 miles of another state that
24has a reciprocity agreement with California governing student
25attendance and fees may, in any one fiscal year, exempt up to 100
26FTES from that state from the mandatory fee requirement described
27in subdivision (a) for nonresident students.
28(j) The attendance of nonresident students who are exempted
29pursuant to subdivision (h) or (i), or pursuant to paragraphbegin delete (3) or begin insert (3), (5), or (6)end insert of subdivision (a), from the mandatory fee
30(5)end delete
31requirement described in subdivision (a) for nonresident students
32may be reported as resident FTES for state apportionment purposes.
33Any nonresident student reported as resident FTES for state
34apportionment purposes pursuant to subdivision (h) or (i) shall
35
pay a per unit fee that is three times the amount of the fee
36established for residents pursuant to Section 76300. That fee is to
37be included in the FTES adjustments described in Section 76300
38for purposes of computing apportionments.
39(k) This section shall become inoperative on July 1, 2022, and,
40as of January 1, 2023, is repealed, unless a later enacted statute,
P7 1that becomes operative on or before January 1, 2023, deletes or
2extends the dates on which it becomes inoperative and is repealed.
Section 76140 is added to the Education Code, to read:
(a) A community college district may admit, and shall
5charge a tuition fee to, nonresident students, except that a
6community college district may exempt from all or parts of the
7fee any person described in paragraph (1), (2), (3), or (4), and shall
8exempt from all of the fee any person described in paragraph (5):
9(1) All nonresidents who enroll for six or fewer units.
10Exemptions made pursuant to this paragraph shall not be made on
11an individual basis.
12(2) Any nonresident who is both a citizen and resident of a
13foreign country, if the nonresident has demonstrated a financial
14need for the exemption. Not more than 10 percent of the
15nonresident foreign students attending any community college
16district may
be so exempted. Exemptions made pursuant to this
17paragraph may be made on an individual basis.
18(3) (A) A student who, as of August 29, 2005, was enrolled,
19or admitted with an intention to enroll, in the fall term of the
202005-06 academic year in a regionally accredited institution of
21higher education in Alabama, Louisiana, or Mississippi, and who
22could not continue his or her attendance at that institution as a
23direct consequence of damage sustained by that institution as a
24result of Hurricane Katrina.
25(B) The chancellor shall develop guidelines for the
26implementation of this paragraph. These guidelines shall include
27standards for appropriate documentation of student eligibility to
28the extent feasible.
29(C) This paragraph shall apply only to the 2005-06 academic
30year.
31(4) A special part-time student admitted pursuant to Section
3276001.
33(5) A nonresident student who is a United States citizen who
34resides in a foreign country, if that nonresident meets all of the
35following requirements:
36(A) Demonstrates a financial need for the exemption.
37(B) Has a parent or guardian who has been deported or was
38permitted to depart voluntarily under the federal Immigration and
39Nationality Act in accordance with Section 1229c of Title 8 of the
40United States Code. The student shall provide documents from the
P8 1United States Citizenship and Immigration Services evidencing
2the deportation or voluntary departure of his or her parent or
3guardian.
4(C) Moved abroad as a result of the
deportation or voluntary
5departure specified in subparagraph (B).
6(D) Lived in California immediately before moving abroad. The
7student shall provide information and evidence that demonstrates
8the student previously lived in California.
9(E) Attended a public or private secondary school, as described
10in Sections 52 and 53, in the state for three or more years. The
11student shall provide documents that demonstrate his or her
12secondary school attendance.
13(F) Upon enrollment, will be in his or her first academic year
14as a matriculated student in California public higher education, as
15that term is defined in subdivision (a) of Section 66010, will be
16living in California, and will file an affidavit with the institution
17stating that he or she intends to establish residency in California
18as soon as possible.
19(b) A district may contract with a state, a county contiguous to
20California, the federal government, or a foreign country, or an
21agency thereof, for payment of all or a part of a nonresident
22student’s tuition fee.
23(c) Nonresident students shall not be reported as full-time
24equivalent students (FTES) for state apportionment purposes,
25except as provided by subdivision (j) or another statute, in which
26case a nonresident tuition fee may not be charged.
27(d) The nonresident tuition fee shall be set by the governing
28board of each community college district not later than February
291 of each year for the succeeding fiscal year. The governing board
30of each community college district shall provide nonresident
31students with notice of nonresident tuition fee changes during the
32spring term before the fall term in which the change
will take
33effect. Nonresident tuition fee increases shall be gradual, moderate,
34and predictable. The fee may be paid in installments, as determined
35by the governing board of the district.
36(e) (1) The fee established by the governing board pursuant to
37subdivision (d) shall represent for nonresident students enrolled
38in 30 semester units or 45 quarter units of credit per fiscal year
39one or more of the following:
P9 1(A) The amount that was expended by the district for the
2expense of education as defined by the California Community
3College Budget and Accounting Manual in the preceding fiscal
4year increased by the projected percent increase in the United
5States Consumer Price Index as determined by the Department of
6Finance for the current fiscal year and succeeding fiscal year and
7divided by the FTES (including nonresident students) attending
8in the district in the
preceding fiscal year. However, if for the
9district’s preceding fiscal year FTES of all students attending in
10the district in noncredit courses is equal to, or greater than, 10
11percent of the district’s total FTES attending in the district, the
12district may substitute the data for expense of education in grades
1313 and 14 and FTES in grades 13 and 14 attending in the district.
14(B) The expense of education in the preceding fiscal year of all
15districts increased by the projected percent increase in the United
16States Consumer Price Index as determined by the Department of
17Finance for the fiscal year and succeeding fiscal year and divided
18by the FTES (including nonresident students) attending all districts
19during the preceding fiscal year. However, if the amount calculated
20under this paragraph for the succeeding fiscal year is less than the
21amount established for the current fiscal year or for any of the past
22four fiscal years, the district may set
the nonresident tuition fee at
23the greater of the current or any of the past four-year amounts.
24(C) An amount not to exceed the fee established by the
25governing board of any contiguous district.
26(D) An amount not to exceed the amount that was expended by
27the district for the expense of education, but in no case less than
28the statewide average as set forth in subparagraph (B).
29(E) An amount no greater than the average of the nonresident
30tuition fees of public community colleges of no less than 12 states
31that are comparable to California in cost of living. The
32determination of comparable states shall be based on a composite
33cost-of-living index as determined by the United States Department
34of Labor or a cooperating government agency.
35(2) The additional
revenue generated by the increased
36nonresident tuition permitted under the amendments made to this
37subdivision during the 2009-10 Regular Session shall be used to
38expand and enhance services to resident students. In no event shall
39the admission of nonresident students come at the expense of
40resident enrollment.
P10 1(f) The governing board of each community college district also
2shall adopt a tuition fee per unit of credit for nonresident students
3enrolled in more or less than 15 units of credit per term by dividing
4the fee determined in subdivision (e) by 30 for colleges operating
5on the semester system and 45 for colleges operating on the quarter
6system and rounding to the nearest whole dollar. The same rate
7shall be uniformly charged nonresident students attending any
8terms or sessions maintained by the community college. The rate
9charged shall be the rate established for the fiscal year in which
10the term or session ends.
11(g) Any loss in district revenue generated by the nonresident
12tuition fee shall not be offset by additional state funding.
13(h) Any district that has fewer than 1,500 FTES and whose
14boundary is within 10 miles of another state that has a reciprocity
15agreement with California governing student attendance and fees
16may exempt students from that state from the mandatory fee
17requirement described in subdivision (a) for nonresident students.
18(i) Any district that has more than 1,500, but less than 3,001,
19FTES and whose boundary is within 10 miles of another state that
20has a reciprocity agreement with California governing student
21attendance and fees may, in any one fiscal year, exempt up to 100
22FTES from that state from the mandatory fee requirement described
23in subdivision (a) for nonresident students.
24(j) The attendance of nonresident students who are exempted
25pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or
26(5) of subdivision (a), from the mandatory fee requirement
27described in subdivision (a) for nonresident students may be
28reported as resident FTES for state apportionment purposes. Any
29nonresident student reported as resident FTES for state
30apportionment purposes pursuant to subdivision (h) or (i) shall
31pay a per unit fee that is three times the amount of the fee
32established for residents pursuant to Section 76300. That fee is to
33be included in the FTES adjustments described in Section 76300
34for purposes of computing apportionments.
35(k) This section shall become operative on July 1, 2022.
The Legislature finds and declares that a special law
37is necessary and that a general law cannot be made applicable
38within the meaning of Section 16 of Article IV of the California
39Constitution because of the unique circumstances of the Lake
P11 1Tahoe Community College District with respect to students who
2reside in nearby communities located in Nevada.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
This act shall not become operative unless, on or before
9July 1, 2021, the Chancellor of the California Community Colleges
10determines that the State of Nevada has enacted a statute providing
11reciprocal rights to California residents attending Nevada colleges
12that reasonably conform to the benefits conferred upon Nevada
13residents by Section 1 of this act. The chancellor shall promptly
14post this determination on the Internet Web site of the California
15Community Colleges.
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