BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 69
                                                                  Page  1

          Date of Hearing:   March 3, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                  AB 69 (Duvall) - As Introduced:  December 12, 2008
           
          SUBJECT  :   Statewide student fee policy.

           SUMMARY  :   Requires the University of California (UC) and  
          California State University (CSU) to set mandatory systemwide  
          fees and tuition for undergraduate students over a four-year  
          period.   Specifically,  this bill  :  

          1)Requires the level of mandatory systemwide fees and tuition  
            for undergraduate students at UC and CSU to be set over a  
            four-year period, commencing with the 2010-11 fiscal year.

          2)Provides UC and CSU the discretion to establish the set level  
            of fees and tuition for the four-year period.

          3)Provides that this section shall only apply to UC to the  
            extent the UC Board of Regents makes its provisions  
            applicable.

          4)Deletes a provision that required the systemwide fees and  
            tuition charged to resident undergraduate students at UC and  
            CSU be reduced in the 1998-99 and 1999-2000 fiscal years.

           EXISTING LAW  :

          1)Refers to UC and CSU fee levels (to the extent UC adopts such  
            fee levels) for 1999-2000 and prior years; fee levels are  
            typically set in the annual Budget Act.

          2)Establishes the Cal Grant Entitlement Programs to provide  
            grant assistance for fee payment in UC, CSU, and private  
            institutions in California, to the extent that students are  
            financially and academically eligible for such support.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    What is the problem  ?  California has no predictable,  
          moderate fee policy.  The state sets UC and CSU fees each year  
          through the Budget Act with complementary actions on the part of  
          the UC Board of Regents and the CSU Board of Trustees to adopt  








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          these fee policies.  There is an implicit policy whereby  
          students and the state are expected to share educational costs,  
          but the relative proportions are dependent on the state's fiscal  
          situation.  As a result, fees have increased steeply during  
          difficult budget years (as much as 37% at UC and 33% at CSU in  
          2003-04) and then gradually declined when the state's fiscal  
          situation improved (as much as 8% at UC and CSU in 1999-2000).   
          This volatility makes it difficult to plan for educational costs  
           
          and tends to move contrary to the average student's ability to  
          pay.  

          In 1985, the state adopted a long-term fee policy that, among  
          other things, limited fee increases to 10% per year when state  
          expenditures were expected to exceed revenues.  UC adopted a  
          similar policy.  However, this policy was routinely suspended  
          beginning with the 1991-92 budget deficit and was allowed to  
          sunset.
                     
           Could this bill contribute to unpredictable fee levels for  
          students  ?  This bill does not limit the fee amount UC and CSU  
          can set for incoming students.  Thus, if the segments are faced  
          with significant reductions in General Fund support, they might  
          decide to significantly increase fees for incoming students to  
          make up for their inability to increase fees for current  
          students.   

           Could this bill inadvertently limit access to UC and CSU  ?  As  
          they have demonstrated this year, when faced with significant  
          reductions in General Fund support, UC and CSU might need to  
          reduce enrollments, course offerings, or make other service  
          reductions that would limit access to these institutions, as  
          well as prolong a student's time-to-degree.

           Does this bill punish students who do not graduate in four  
          years  ?  Under this bill, the segments would be able to increase  
          fees for students who are enrolled after four years-a common  
          occurrence at both institutions: the time-to-degree is  
          approximately four years and one quarter at UC and five to six  
          years at CSU.  There are many reasons for this: timely access to  
          classes, the need to work to support families or reduce the need  
          to borrow, part-time attendance, family and/or economic  
          hardship, and high-unit majors, such as engineering.  

           Impact on Cal Grants  :  Cal Grant awards cover mandatory  








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          systemwide fees at UC and CSU.  As discussed previously, this  
          bill could lead to significant fee increases from year to year  
          as new four-year cohorts enter UC and CSU, placing additional  
          fiscal pressures on the General Fund to cover those increases.

           How would this bill affect transfer students  ?  This bill is  
          silent on the fee level that transfer students would be charged.  
           The Committee suggests that this bill be amended to clarify  
          that  
          transfer students would be charged the fees they would have paid  
          had they entered as freshmen.

           Suggested amendment  :  Staff suggests deleting subsection (c),  
          which states legislative intent for what this bill is actually  
          doing.

           Previous legislation  :  This bill is almost identical to AB 2722  
          (Duvall) of 2008, which failed passage in the Assembly Higher  
          Education Committee on April 10, 2008.  In addition, the  
          Legislature has considered several bills that established a fee  
          policy for UC and CSU students.  AB 1038 (Feuer) of 2007, which  
          was held in the Assembly Appropriations Committee, would have  
          tied student fee increases to increased state support for UC and  
          CSU and limited fee increases to 7% per year.   AB 1072 (Liu) of  
          2006, which was held in the Senate Appropriations Committee,  
          would have required the UC and CSU to develop methodologies for  
          the adjustment of student fees in accordance with a prescribed  
          procedure.    

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Capitol Resource Family Impact

           Opposition 
           
          California State University
          University of California

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960