BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2297
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2297 (Brownley) - As Amended:  April 8, 2010 

          Policy Committee:                              Higher  
          EducationVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the governing boards of community college  
          districts to use an alternative method for calculating  
          nonresident fee levels.  Specifically, this bill:

          1)Allows adoption of a nonresident fee that is no greater than  
            the average of the nonresident fees of public community  
            colleges in 12 states that are comparable to California in  
            cost of living, based on an index as determined by the United  
            States Department of Labor or cooperating government agency. 

          2)Allows a governing board that calculates its nonresident fees  
            based on the statewide average expense of education (pursuant  
            to current law) to set the fee at the greater of the current  
            fiscal year level or any of the four immediately preceding  
            fiscal year levels, if the amount calculated for the  
            succeeding fiscal year is less than the amount calculated for  
            any of these prior years.

           FISCAL EFFECT  

          Potential additional fee revenue in the tens of millions of  
          dollars to community college districts.  

          (The current average fee for nonresident students at  
          California's community colleges is $190 per unit ($5,700  
          annually for a full-time student).  Based on data published by  
          the Missouri Economic Research & Information Center and the  
          Washington Higher Education Coordinating Board, community  
          college nonresident student tuition and fees, in the 12 states  
          most comparable to California in cost-of-living, averages about  








                                                                  AB 2297
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          $310 per credit ($9,300 annually), which is more than 60% higher  
          than California's nonresident fee.  Therefore, use of the  
          alternative methodology provided in AB 2297 would provide  
          community college districts with considerable flexibility to  
          increase nonresident fees.  According to information from the  
          Chancellor's Office of the California Community Colleges,  
          nonresident student fee revenue totaled about $170 million  
          statewide in 2008-09.)

          COMMENTS  

           Purpose  .  All public colleges and universities in the country  
          have additional charges for out-of-state students as a way to  
          ensure residents do not assume the financial burden of educating  
          students whose presence in the state is not intended to be  
          permanent and who did not pay taxes to support the public higher  
          education systems.   The author believes this bill would give  
          community college districts greater authority to charge  
          nonresidents a fee that could be used to increase the quality of  
          education, consistent with the authority granted to the  
          University of California and the California State University.  
          The author notes that state law sets a floor (the marginal cost  
          of instruction) for nonresident student tuition and fees at UC  
          and CSU, but provides minimal guidance on a tuition ceiling.   
          Community colleges, however, must follow one of four specific  
          formulas that ensure that the fee is approximately the pro-rated  
          expense of education.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081