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.begin insert The bill would authorize the reporting, for apportionment purposes, of the attendance of nonresident students exempted from nonresident tuition under this bill, but would require end insertbegin insertany nonresident student thus reported for apportionment purposes to pay a per unit fee that is 3 times the amount of the fee established for residents.end insert These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.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 Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College 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):
P3 1(1) All nonresidents who enroll for six or fewer units.
2Exemptions made pursuant to this paragraph shall not be made on
3an individual basis.
4(2) Any nonresident who is both a citizen and resident of a
5foreign country, if the nonresident has demonstrated a financial
6need for the exemption. Not more than 10
percent of the
7nonresident foreign students attending any community college
8district may be so exempted. Exemptions made pursuant to this
9paragraph may be made on an individual basis.
10(3) (A) A student who, as of August 29, 2005, was enrolled,
11or admitted with an intention to enroll, in the fall term of the
122005-06 academic year in a regionally accredited institution of
13higher education in Alabama, Louisiana, or Mississippi, and who
14could not continue his or her attendance at that institution as a
15direct consequence of damage sustained by that institution as a
16result of Hurricane Katrina.
17(B) The chancellor shall develop guidelines for the
18implementation of this paragraph. These guidelines shall include
19standards for appropriate documentation of student eligibility
to
20the extent feasible.
21(C) This paragraph shall apply only to the 2005-06 academic
22year.
23(4) A special part-time student admitted pursuant to Section
2476001.
25(5) A nonresident student who is a United States citizen who
26resides in a foreign country, if that nonresident meets all of the
27following requirements:
28(A) Demonstrates a financial need for the exemption.
29(B) Has a parent or guardian who has been deported or was
30permitted to depart voluntarily under the federal Immigration and
31Nationality Act in accordance with Section 1229c of Title 8 of the
32United States Code. The student shall
provide documents from the
33United States Citizenship and Immigration Services evidencing
34the deportation or voluntary departure of his or her parent or
35guardian.
36(C) Moved abroad as a result of the deportation or voluntary
37departure specified in subparagraph (B).
38(D) Lived in California immediately before moving abroad. The
39student shall provide information and evidence that demonstrates
40the student previously lived in California.
P4 1(E) Attended a public or private secondary school, as described
2in Sections 52 and 53, in the state for three or more years. The
3student shall provide documents that demonstrate his or her
4secondary school attendance.
5(F) Upon enrollment, will be in his or her first academic year
6as a matriculated student in California public higher education, as
7that term is defined in subdivision (a) of Section 66010, will be
8living in California, and will file an affidavit with the institution
9stating that he or she intends to establish residency in California
10as soon as possible.
11(6) (A) A student who attends Lake Tahoe Community College
12and who has residence, pursuant to subparagraph (B), in one of
13the following communities in Nevada:
14(i) Incline Village.
15(ii) Kingsbury.
16(iii) Round Hill.
17(iv) Skyland.
18(v) Stateline.
19(vi) Zephyr Cove.
20(B) Residence shall be determined pursuant to Article 5
21(commencing with Section 68060) of Chapter 1 of Part 41 of
22Division 5. A person shall have residence in one of the
23communities listed in subparagraph (A) if the person has lived in
24the community for more than one year immediately prior to seeking
25the fee exemption pursuant to this paragraph.
26(C) The governing board of the Lake Tahoe Community College
27District shall adopt rules and regulations for determining a student’s
28residence classification and for establishing procedures for an
29appeal and review of the residence classification. No more than
30200
students shall be exempted from payment of a nonresident
31tuition fee under this paragraph in any academic year.
32(b) A district may contract with a state, a county contiguous to
33California, the federal government, or a foreign country, or an
34agency thereof, for payment of all or a part of a nonresident
35student’s tuition fee.
36(c) Nonresident students shall not be reported as full-time
37equivalent students (FTES) for state apportionment purposes,
38except as provided by subdivision (j) or another statute, in which
39case a nonresident tuition fee may not be charged.
P5 1(d) The nonresident tuition fee shall be set by the governing
2board of each community college district not later than February
31 of each year for the succeeding fiscal
year. The governing board
4of each community college district shall provide nonresident
5students with notice of nonresident tuition fee changes during the
6spring term before the fall term in which the change will take
7effect. Nonresident tuition fee increases shall be gradual, moderate,
8and predictable. The fee may be paid in installments, as determined
9by the governing board of the district.
10(e) (1) The fee established by the governing board pursuant to
11subdivision (d) shall represent for nonresident students enrolled
12in 30 semester units or 45 quarter units of credit per fiscal year
13one or more of the following:
14(A) The amount that was expended by the district for the
15expense of education as defined by the California Community
16Colleges Budget and Accounting
Manual in the preceding fiscal
17year increased by the projected percent increase in the United
18States Consumer Price Index as determined by the Department of
19Finance for the current fiscal year and succeeding fiscal year and
20divided by the FTES (including nonresident students) attending
21in the district in the preceding fiscal year. However, if for the
22district’s preceding fiscal year FTES of all students attending in
23the district in noncredit courses is equal to, or greater than, 10
24percent of the district’s total FTES attending in the district, the
25district may substitute the data for expense of education in grades
2613 and 14 and FTES in grades 13 and 14 attending in the district.
27(B) The expense of education in the preceding fiscal year of all
28districts increased by the projected percent increase in the United
29States Consumer Price Index as
determined by the Department of
30Finance for the fiscal year and succeeding fiscal year and divided
31by the FTES (including nonresident students) attending all districts
32during the preceding fiscal year. However, if the amount calculated
33under this paragraph for the succeeding fiscal year is less than the
34amount established for the current fiscal year or for any of the past
35four fiscal years, the district may set the nonresident tuition fee at
36the greater of the current or any of the past four-year amounts.
37(C) An amount not to exceed the fee established by the
38governing board of any contiguous district.
P6 1(D) An amount not to exceed the amount that was expended by
2the district for the expense of education, but in no case less than
3the statewide average as set forth in subparagraph (B).
4(E) An amount no greater than the average of the nonresident
5tuition fees of public community colleges of no less than 12 states
6that are comparable to California in cost of living. The
7determination of comparable states shall be based on a composite
8cost-of-living index as determined by the United States Department
9of Labor or a cooperating government agency.
10(2) The additional revenue generated by the increased
11nonresident tuition permitted under the amendments made to this
12subdivision during the 2009-10 Regular Session shall be used to
13expand and enhance services to resident students. In no event shall
14the admission of nonresident students come at the expense of
15resident enrollment.
16(f) The governing board of each
community college district also
17shall adopt a tuition fee per unit of credit for nonresident students
18enrolled in more or less than 15 units of credit per term by dividing
19the fee determined in subdivision (e) by 30 for colleges operating
20on the semester system and 45 for colleges operating on the quarter
21system and rounding to the nearest whole dollar. The same rate
22shall be uniformly charged nonresident students attending any
23terms or sessions maintained by the community college. The rate
24charged shall be the rate established for the fiscal year in which
25the term or session ends.
26(g) Any loss in district revenue generated by the nonresident
27tuition fee shall not be offset by additional state funding.
28(h) Any district that has fewer than 1,500 FTES and whose
29boundary is within
10 miles of another state that has a reciprocity
30agreement with California governing student attendance and fees
31may exempt students from that state from the mandatory fee
32requirement described in subdivision (a) for nonresident students.
33(i) Any district that has more than 1,500, but less than 3,001,
34FTES and whose boundary is within 10 miles of another state that
35has a reciprocity agreement with California governing student
36attendance and fees may, in any one fiscal year, exempt up to 100
37FTES from that state from the mandatory fee requirement described
38in subdivision (a) for nonresident students.
39(j) The attendance of nonresident students who are exempted
40pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5),
P7 1or (6) of subdivision (a), from the mandatory fee
requirement
2described in subdivision (a) for nonresident students may be
3reported as resident FTES for state apportionment purposes. Any
4nonresident student reported as resident FTES for state
5apportionment purposesbegin delete pursuant to subdivision (h) or (i)end deletebegin insert who is
6exempt pursuant to paragraph (6) of subdivision (a), or pursuant
7to subdivision (h) or (i),end insert shall
pay a per unit fee that is three times
8the amount of the fee established for residents pursuant to Section
976300. That fee is to be included in the FTES adjustments
10described in Section 76300 for purposes of computing
11apportionments.
12(k) This section shall become inoperative on July 1, 2022, and,
13as of January 1, 2023, is repealed, unless a later enacted statute,
14that becomes operative on or before January 1, 2023, deletes or
15extends 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
18charge a tuition fee to, nonresident students, except that a
19community college district may exempt from all or parts of the
20fee any person described in paragraph (1), (2), (3), or (4), and shall
21exempt from all of the fee any person described in paragraph (5):
22(1) All nonresidents who enroll for six or fewer units.
23Exemptions made pursuant to this paragraph shall not be made on
24an individual basis.
25(2) Any nonresident who is both a citizen and resident of a
26foreign country, if the nonresident has demonstrated a financial
27need for the exemption. Not more than 10 percent of
the
28nonresident foreign students attending any community college
29district may be so exempted. Exemptions made pursuant to this
30paragraph may be made on an individual basis.
31(3) (A) A student who, as of August 29, 2005, was enrolled,
32or admitted with an intention to enroll, in the fall term of the
332005-06 academic year in a regionally accredited institution of
34higher education in Alabama, Louisiana, or Mississippi, and who
35could not continue his or her attendance at that institution as a
36direct consequence of damage sustained by that institution as a
37result of Hurricane Katrina.
38(B) The chancellor shall develop guidelines for the
39implementation of this paragraph. These guidelines shall include
P8 1standards for appropriate documentation of student eligibility to
2
the extent feasible.
3(C) This paragraph shall apply only to the 2005-06 academic
4year.
5(4) A special part-time student admitted pursuant to Section
676001.
7(5) A nonresident student who is a United States citizen who
8resides in a foreign country, if that nonresident meets all of the
9following requirements:
10(A) Demonstrates a financial need for the exemption.
11(B) Has a parent or guardian who has been deported or was
12permitted to depart voluntarily under the federal Immigration and
13Nationality Act in accordance with Section 1229c of Title 8 of the
14United States Code. The student shall
provide documents from the
15United States Citizenship and Immigration Services evidencing
16the deportation or voluntary departure of his or her parent or
17guardian.
18(C) Moved abroad as a result of the deportation or voluntary
19departure specified in subparagraph (B).
20(D) Lived in California immediately before moving abroad. The
21student shall provide information and evidence that demonstrates
22the student previously lived in California.
23(E) Attended a public or private secondary school, as described
24in Sections 52 and 53, in the state for three or more years. The
25student shall provide documents that demonstrate his or her
26secondary school attendance.
27(F) Upon
enrollment, will be in his or her first academic year
28as a matriculated student in California public higher education, as
29that term is defined in subdivision (a) of Section 66010, will be
30living in California, and will file an affidavit with the institution
31stating that he or she intends to establish residency in California
32as soon as possible.
33(b) A district may contract with a state, a county contiguous to
34California, the federal government, or a foreign country, or an
35agency thereof, for payment of all or a part of a nonresident
36student’s tuition fee.
37(c) Nonresident students shall not be reported as full-time
38equivalent students (FTES) for state apportionment purposes,
39except as provided by subdivision (j) or another statute, in which
40case a nonresident tuition fee may not
be charged.
P9 1(d) The nonresident tuition fee shall be set by the governing
2board of each community college district not later than February
31 of each year for the succeeding fiscal year. The governing board
4of each community college district shall provide nonresident
5students with notice of nonresident tuition fee changes during the
6spring term before the fall term in which the change will take
7effect. Nonresident tuition fee increases shall be gradual, moderate,
8and predictable. The fee may be paid in installments, as determined
9by the governing board of the district.
10(e) (1) The fee established by the governing board pursuant to
11subdivision (d) shall represent for nonresident students enrolled
12in 30 semester units or 45 quarter units of credit per fiscal year
13one
or more of the following:
14(A) The amount that was expended by the district for the
15expense of education as defined by the California Community
16Colleges Budget and Accounting Manual in the preceding fiscal
17year increased by the projected percent increase in the United
18States Consumer Price Index as determined by the Department of
19Finance for the current fiscal year and succeeding fiscal year and
20divided by the FTES (including nonresident students) attending
21in the district in the preceding fiscal year. However, if for the
22district’s preceding fiscal year FTES of all students attending in
23the district in noncredit courses is equal to, or greater than, 10
24percent of the district’s total FTES attending in the district, the
25district may substitute the data for expense of education in grades
2613 and 14 and FTES in grades 13 and 14 attending in the
district.
27(B) The expense of education in the preceding fiscal year of all
28districts increased by the projected percent increase in the United
29States Consumer Price Index as determined by the Department of
30Finance for the fiscal year and succeeding fiscal year and divided
31by the FTES (including nonresident students) attending all districts
32during the preceding fiscal year. However, if the amount calculated
33under this paragraph for the succeeding fiscal year is less than the
34amount established for the current fiscal year or for any of the past
35four fiscal years, the district may set the nonresident tuition fee at
36the greater of the current or any of the past four-year amounts.
37(C) An amount not to exceed the fee established by the
38governing board of any contiguous district.
P10 1(D) An amount not to exceed the amount that was expended by
2the district for the expense of education, but in no case less than
3the statewide average as set forth in subparagraph (B).
4(E) An amount no greater than the average of the nonresident
5tuition fees of public community colleges of no less than 12 states
6that are comparable to California in cost of living. The
7determination of comparable states shall be based on a composite
8cost-of-living index as determined by the United States Department
9of Labor or a cooperating government agency.
10(2) The additional revenue generated by the increased
11nonresident tuition permitted under the amendments made to this
12subdivision during the 2009-10 Regular Session shall be used to
13
expand and enhance services to resident students. In no event shall
14the admission of nonresident students come at the expense of
15resident enrollment.
16(f) The governing board of each community college district also
17shall adopt a tuition fee per unit of credit for nonresident students
18enrolled in more or less than 15 units of credit per term by dividing
19the fee determined in subdivision (e) by 30 for colleges operating
20on the semester system and 45 for colleges operating on the quarter
21system and rounding to the nearest whole dollar. The same rate
22shall be uniformly charged nonresident students attending any
23terms or sessions maintained by the community college. The rate
24charged shall be the rate established for the fiscal year in which
25the term or session ends.
26(g) Any loss in
district revenue generated by the nonresident
27tuition fee shall not be offset by additional state funding.
28(h) Any district that has fewer than 1,500 FTES and whose
29boundary is within 10 miles of another state that has a reciprocity
30agreement with California governing student attendance and fees
31may exempt students from that state from the mandatory fee
32requirement described in subdivision (a) for nonresident students.
33(i) Any district that has more than 1,500, but less than 3,001,
34FTES and whose boundary is within 10 miles of another state that
35has a reciprocity agreement with California governing student
36attendance and fees may, in any one fiscal year, exempt up to 100
37FTES from that state from the mandatory fee requirement described
38in subdivision (a) for nonresident students.
39(j) The attendance of nonresident students who are exempted
40pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or
P11 1(5) of subdivision (a), from the mandatory fee requirement
2described in subdivision (a) for nonresident students may be
3reported as resident FTES for state apportionment purposes. Any
4nonresident student reported as resident FTES for state
5apportionment purposes pursuant to subdivision (h) or (i) shall
6pay a per unit fee that is three times the amount of the fee
7established for residents pursuant to Section 76300. That fee is to
8be included in the FTES adjustments described in Section 76300
9for purposes of computing apportionments.
10(k) This section shall become operative on July 1, 2022.
The Legislature finds and declares that a special law
12is necessary and that a general law cannot be made applicable
13within the meaning of Section 16 of Article IV of the California
14Constitution because of the unique circumstances of the Lake
15Tahoe Community College District with respect to students who
16reside in nearby communities located in Nevada.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
This act shall not become operative unless, on or before
23July 1, 2021, the Board of Governors of the California Community
24Colleges enters into an interstate attendance agreement with the
25Nevada System of Higher Education that, in a manner that is
26consistent with subdivision (a) of Section 66801 of the Education
27Code, provides reciprocal rights to California residents attending
28
Western Nevada College that reasonably conform to the benefits
29conferred upon Nevada residents by Section 1 of this act. The
30Chancellor of the California Community Colleges shall promptly
31post notice of this interstate attendance agreement on the Internet
32Web site of the California Community Colleges.
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