SB 605, as amended, 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 These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.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, thebegin delete Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providingend deletebegin insert Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that providesend insert reciprocal
rights to California residents attendingbegin delete Nevada collegesend deletebegin insert Western Nevada Collegeend insert 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), (4), or (6), and
7shall exempt from all of the fee any person described in paragraph
8(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
P3 1need for the exemption. Not more than 10
percent of the
2nonresident foreign students attending any community college
3district may be so exempted. Exemptions made pursuant to this
4paragraph may be made on an individual basis.
5(3) (A) A student who, as of August 29, 2005, was enrolled,
6or admitted with an intention to enroll, in the fall term of the
72005-06 academic year in a regionally accredited institution of
8higher education in Alabama, Louisiana, or Mississippi, and who
9could not continue his or her attendance at that institution as a
10direct consequence of damage sustained by that institution as a
11result of Hurricane Katrina.
12(B) The chancellor shall develop guidelines for the
13implementation of this paragraph. These guidelines shall include
14standards for appropriate documentation of student
eligibility to
15the extent feasible.
16(C) This paragraph shall apply only to the 2005-06 academic
17year.
18(4) A special part-time student admitted pursuant to Section
1976001.
20(5) A nonresident student who is a United States citizen who
21resides in a foreign country, if that nonresident meets all of the
22following requirements:
23(A) Demonstrates a financial need for the exemption.
24(B) Has a parent or guardian who has been deported or was
25permitted to depart voluntarily under the federal Immigration and
26Nationality Act in accordance with Section 1229c of Title 8 of the
27United States Code. The
student shall provide documents from the
28United States Citizenship and Immigration Services evidencing
29the deportation or voluntary departure of his or her parent or
30guardian.
31(C) Moved abroad as a result of the deportation or voluntary
32departure specified in subparagraph (B).
33(D) Lived in California immediately before moving abroad. The
34student shall provide information and evidence that demonstrates
35the student previously lived in California.
36(E) Attended a public or private secondary school, as described
37in Sections 52 and 53, in the state for three or more years. The
38student shall provide documents that demonstrate his or her
39secondary school attendance.
P4 1(F) Upon
enrollment, will be in his or her first academic year
2as a matriculated student in California public higher education, as
3that term is defined in subdivision (a) of Section 66010, will be
4living in California, and will file an affidavit with the institution
5stating that he or she intends to establish residency in California
6as soon as possible.
7(6) (A) A student who attends Lake Tahoe Community College
8and who has residence, pursuant to subparagraph (B), in one of
9the following communities in Nevada:
10(i) Incline Village.
11(ii) Kingsbury.
12(iii) Round Hill.
13(iv) Skyland.
14(v) Stateline.
15(vi) Zephyr Cove.
16(B) Residence shall be determined pursuant to Article 5
17(commencing with Section 68060) of Chapter 1 of Part 41 of
18Division 5. A person shall have residence in one of the
19communities listed in subparagraph (A) if the person has lived in
20the community for more than one year immediately prior to seeking
21the fee exemption pursuant to this paragraph.
22(C) The governing board of the Lake Tahoe Community College
23District shall adopt rules and regulations for determining a student’s
24residence classification and for establishing procedures for an
25appeal and review of the residence classification. No more than
26200 students shall be
exempted from payment of a nonresident
27tuition fee under this paragraph in any academic year.
28(b) A district may contract with a state, a county contiguous to
29California, the federal government, or a foreign country, or an
30agency thereof, for payment of all or a part of a nonresident
31student’s tuition fee.
32(c) Nonresident students shall not be reported as full-time
33equivalent students (FTES) for state apportionment purposes,
34except as provided by subdivision (j) or another statute, in which
35case a nonresident tuition fee may not be charged.
36(d) The nonresident tuition fee shall be set by the governing
37board of each community college district not later than February
381 of each year for the succeeding fiscal year. The
governing board
39of each community college district shall provide nonresident
40students with notice of nonresident tuition fee changes during the
P5 1spring term before the fall term in which the change will take
2effect. Nonresident tuition fee increases shall be gradual, moderate,
3and predictable. The fee may be paid in installments, as determined
4by the governing board of the district.
5(e) (1) The fee established by the governing board pursuant to
6subdivision (d) shall represent for nonresident students enrolled
7in 30 semester units or 45 quarter units of credit per fiscal year
8one or more of the following:
9(A) The amount that was expended by the district for the
10expense of education as defined by the California Community
11begin deleteCollege end deletebegin insertColleges
end insertBudget and Accounting Manual in the preceding
12fiscal year increased by the projected percent increase in the United
13States Consumer Price Index as determined by the Department of
14Finance for the current fiscal year and succeeding fiscal year and
15divided by the FTES (including nonresident students) attending
16in the district in the preceding fiscal year. However, if for the
17district’s preceding fiscal year FTES of all students attending in
18the district in noncredit courses is equal to, or greater than, 10
19percent of the district’s total FTES attending in the district, the
20district may substitute the data for expense of education in grades
2113 and 14 and FTES in grades 13 and 14 attending in the district.
22(B) The expense of education in the preceding fiscal year of all
23districts increased by the projected percent increase in the
United
24States Consumer Price Index as determined by the Department of
25Finance for the fiscal year and succeeding fiscal year and divided
26by the FTES (including nonresident students) attending all districts
27during the preceding fiscal year. However, if the amount calculated
28under this paragraph for the succeeding fiscal year is less than the
29amount established for the current fiscal year or for any of the past
30four fiscal years, the district may set the nonresident tuition fee at
31the greater of the current or any of the past four-year amounts.
32(C) An amount not to exceed the fee established by the
33governing board of any contiguous district.
34(D) An amount not to exceed the amount that was expended by
35the district for the expense of education, but in no case less than
36the statewide
average as set forth in subparagraph (B).
37(E) An amount no greater than the average of the nonresident
38tuition fees of public community colleges of no less than 12 states
39that are comparable to California in cost of living. The
40determination of comparable states shall be based on a composite
P6 1cost-of-living index as determined by the United States Department
2of Labor or a cooperating government agency.
3(2) The additional revenue generated by the increased
4nonresident tuition permitted under the amendments made to this
5subdivision during the 2009-10 Regular Session shall be used to
6expand and enhance services to resident students. In no event shall
7the admission of nonresident students come at the expense of
8resident enrollment.
9(f) The governing board of each community college district also
10shall adopt a tuition fee per unit of credit for nonresident students
11enrolled in more or less than 15 units of credit per term by dividing
12the fee determined in subdivision (e) by 30 for colleges operating
13on the semester system and 45 for colleges operating on the quarter
14system and rounding to the nearest whole dollar. The same rate
15shall be uniformly charged nonresident students attending any
16terms or sessions maintained by the community college. The rate
17charged shall be the rate established for the fiscal year in which
18the term or session ends.
19(g) Any loss in district revenue generated by the nonresident
20tuition fee shall not be offset by additional state funding.
21(h) Any district that has fewer than 1,500
FTES and whose
22boundary is within 10 miles of another state that has a reciprocity
23agreement with California governing student attendance and fees
24may exempt students from that state from the mandatory fee
25requirement described in subdivision (a) for nonresident students.
26(i) Any district that has more than 1,500, but less than 3,001,
27FTES and whose boundary is within 10 miles of another state that
28has a reciprocity agreement with California governing student
29attendance and fees may, in any one fiscal year, exempt up to 100
30FTES from that state from the mandatory fee requirement described
31in subdivision (a) for nonresident students.
32(j) The attendance of nonresident students who are exempted
33pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5),
34or (6) of
subdivision (a), from the mandatory fee requirement
35described in subdivision (a) for nonresident students may be
36reported as resident FTES for state apportionment purposes. Any
37nonresident student reported as resident FTES for state
38apportionment purposes pursuant to subdivision (h) or (i) shall
39
pay a per unit fee that is three times the amount of the fee
40established for residents pursuant to Section 76300. That fee is to
P7 1be included in the FTES adjustments described in Section 76300
2for purposes of computing apportionments.
3(k) This section shall become inoperative on July 1, 2022, and,
4as of January 1, 2023, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2023, deletes or
6extends 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
9charge a tuition fee to, nonresident students, except that a
10community college district may exempt from all or parts of the
11fee any person described in paragraph (1), (2), (3), or (4), and shall
12exempt from all of the fee any person described in paragraph (5):
13(1) All nonresidents who enroll for six or fewer units.
14Exemptions made pursuant to this paragraph shall not be made on
15an individual basis.
16(2) Any nonresident who is both a citizen and resident of a
17foreign country, if the nonresident has demonstrated a financial
18need for the exemption. Not more than 10 percent of the
19nonresident
foreign students attending any community college
20district may be so exempted. Exemptions made pursuant to this
21paragraph may be made on an individual basis.
22(3) (A) A student who, as of August 29, 2005, was enrolled,
23or admitted with an intention to enroll, in the fall term of the
242005-06 academic year in a regionally accredited institution of
25higher education in Alabama, Louisiana, or Mississippi, and who
26could not continue his or her attendance at that institution as a
27direct consequence of damage sustained by that institution as a
28result of Hurricane Katrina.
29(B) The chancellor shall develop guidelines for the
30implementation of this paragraph. These guidelines shall include
31standards for appropriate documentation of student eligibility to
32the extent
feasible.
33(C) This paragraph shall apply only to the 2005-06 academic
34year.
35(4) A special part-time student admitted pursuant to Section
3676001.
37(5) A nonresident student who is a United States citizen who
38resides in a foreign country, if that nonresident meets all of the
39following requirements:
40(A) Demonstrates a financial need for the exemption.
P8 1(B) Has a parent or guardian who has been deported or was
2permitted to depart voluntarily under the federal Immigration and
3Nationality Act in accordance with Section 1229c of Title 8 of the
4United States Code. The student shall provide documents from
the
5United States Citizenship and Immigration Services evidencing
6the deportation or voluntary departure of his or her parent or
7guardian.
8(C) Moved abroad as a result of the deportation or voluntary
9departure specified in subparagraph (B).
10(D) Lived in California immediately before moving abroad. The
11student shall provide information and evidence that demonstrates
12the student previously lived in California.
13(E) Attended a public or private secondary school, as described
14in Sections 52 and 53, in the state for three or more years. The
15student shall provide documents that demonstrate his or her
16secondary school attendance.
17(F) Upon enrollment, will be in
his or her first academic year
18as a matriculated student in California public higher education, as
19that term is defined in subdivision (a) of Section 66010, will be
20living in California, and will file an affidavit with the institution
21stating that he or she intends to establish residency in California
22as soon as possible.
23(b) A district may contract with a state, a county contiguous to
24California, the federal government, or a foreign country, or an
25agency thereof, for payment of all or a part of a nonresident
26student’s tuition fee.
27(c) Nonresident students shall not be reported as full-time
28equivalent students (FTES) for state apportionment purposes,
29except as provided by subdivision (j) or another statute, in which
30case a nonresident tuition fee may not be charged.
31(d) The nonresident tuition fee shall be set by the governing
32board of each community college district not later than February
331 of each year for the succeeding fiscal year. The governing board
34of each community college district shall provide nonresident
35students with notice of nonresident tuition fee changes during the
36spring term before the fall term in which the change will take
37effect. Nonresident tuition fee increases shall be gradual, moderate,
38and predictable. The fee may be paid in installments, as determined
39by the governing board of the district.
P9 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
7begin deleteCollege end deletebegin insertColleges end insertBudget and Accounting Manual in the preceding
8fiscal year 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
P10 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 paragraph (3) or
30(5) of subdivision (a), from the mandatory fee requirement
31described in subdivision (a) for nonresident students may be
32reported as resident FTES for state apportionment purposes. Any
33nonresident student reported as resident FTES for state
34apportionment purposes pursuant to subdivision (h) or (i) shall
35pay 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 operative on July 1, 2022.
The Legislature finds and declares that a special law
2is necessary and that a general law cannot be made applicable
3within the meaning of Section 16 of Article IV of the California
4Constitution because of the unique circumstances of the Lake
5Tahoe Community College District with respect to students who
6reside in nearby communities located in Nevada.
If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
This act shall not become operative unless, on or before
13July 1, 2021, thebegin delete Chancellor of the California Community Colleges
14determines that the State of Nevada has enacted a statute providingend delete
15begin insert Board of Governors of the California Community Colleges enters
16into an interstate attendance agreement with the Nevada System
17of Higher Education that, in a manner that is consistent with
18subdivision (a) of Section 66801 of the Education Code, providesend insert
19 reciprocal rights to California residents attendingbegin delete Nevada collegesend delete
20begin insert
Western Nevada Collegeend insert that reasonably conform to the benefits
21conferred upon Nevada residents by Section 1 of this act. The
22begin delete chancellorend deletebegin insert Chancellor of the California Community Collegesend insert shall
23promptly postbegin delete this determinationend deletebegin insert notice of this interstate attendance
24agreementend insert on the Internet Web site of the California Community
25Colleges.
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