BILL ANALYSIS �
AB 1663
Page 1
ASSEMBLY THIRD READING
AB 1663 (Dickinson)
As Amended April 11, 2012
Majority vote
EDUCATION 11-0 APPROPRIATIONS 17-0
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|Ayes:|Brownley, Norby, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Buchanan, Butler, Carter, | |Blumenfield, Bradford, |
| |Eng, Grove, Halderman, | |Charles Calderon, Campos, |
| |Wagner, Williams | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Requests the Regents of the University of California
(UC) to set a tuition fee for the California State Summer School
for Mathematics and Science program, also known as COSMOS, that
corresponds to actual program costs, up to but not exceeding
$2,810 per session in the year 2012, and sets this amount as the
base for future 5% annual fee increases.
EXISTING LAW :
1)Establishes the California State Summer School for Mathematics
and Science program to provide academic development to enable
pupils with demonstrated academic excellence in mathematics
and science to receive intensive educational enrichment in
these subjects and an opportunity for pupils who wish to study
mathematics or science or to pursue careers that require a
high degree of skills in and knowledge of mathematics and
science.
2)Requests the Regents of the UC to operate the summer school
program and to set a tuition fee within a range that
corresponds to actual program costs, up to but not exceeding
$1,000 in the year 2000, and to increase this fee by an amount
of up to 5% each year thereafter.
3)Expresses the intent of the Legislature that at least 50% but
not more than 75% of the actual costs of the California State
Summer School for Mathematics and Science program would be
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financed by state funds and the balance of the operating costs
would be financed with fees and private support.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no additional General Fund (GF) costs to the state.
This bill codifies existing practice by the UC with regard to
the amount of tuition charged for the COSMOS program. Since
2006, the UC has increased program tuition by 5% each year based
on a $2,200 fee amount established in statute. The 2011 Budget
Act allocated $1.9 million GF for the COSMOS program.
COMMENTS : The California State Summer School for Mathematics
and Science, also known as COSMOS, is an intensive four-week
summer residential program for pupils with a demonstrated
aptitude for academic and professional careers in the science,
technology, engineering, and mathematics (STEM) fields. Pupils
completing grades 8-12, inclusive, have the opportunity to
participate in the program, which currently operates at four UC
campuses: UC Davis, UC Irvine, UC San Diego, and UC Santa Cruz.
This bill revises the statute to reflect the current in-state
tuition fees assessed for the COSMOS program and sets the base
tuition fees at $2,810 for the year 2012.
Current law specifies that the UC Regents may set a tuition fee
within a range that corresponds to actual program costs, up to
but not exceeding $1,000 per session in the year 2000, and may
increase this fee by an amount up to 5% each year thereafter.
From the year 2000 to 2005 the program fees were increased by 5%
each year. However, in 2005, SB 755 (Poochigian), Chapter 676,
Statutes of 2005, increased the tuition level to a maximum of
$2,200 for the year 2006 thus representing an allowable 72%
increase from the 2005 level. The statutes setting the base
fees at $2,200 became inoperative and were repealed on January
1, 2008. The tuition fees were not restored to the 2005 level,
and rather continued to increase by 5% every year thereafter,
thus resulting in a tuition fee of $2,810 for the year 2012.
This bill codifies this tuition fee level and continues to limit
fee increases to a maximum of 5% per year.
The provisions allowing for the 2006 increase in fees were
amended into SB 755 (Poochigian), a bill originally dealing with
the Standardized Testing and Reporting (STAR) program. It is
uncertain as to what the rationale was for increasing the fees
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for two years only, or what circumstance may have led to the
need to increase the fees. It should be noted that in 2005, a
fourth program campus started up and the state level per-pupil
funding decreased drastically that year.
The University of California, the sponsor of this bill, contends
that the fact that the 2006-2007 statutes were not extended was
an inadvertent oversight on the part of the UC and this bill
seeks to correct it. The author states, "This bill represents a
clarifying technical fix to the Education Code to reflect the
tuition that COSMOS is charging California residents for 2012
($2,810) - and would request that the UC Regents continue to
raise annual tuition for California residents by no more than 5%
annually. Current Education Code language is outdated because
it references the year 2000, with a tuition level of $1,000, as
the base for future tuition increases. Legislation in 2005
raised the tuition level beyond the 2000 base amount but has
since sunsetted, creating a need to update the Education Code."
According to the UC, establishing the fees at the current levels
will ensure that the program continues to serve and admit
students at a level consistent with the number of pupils the
program has served over the years.
Alternatively, this section of the Education Code could be
amended in a way to reflect the tuition amount without the 2006
increase, however that would result in a reduction in the number
of students admitted to the program, and could result in the
closure of one of the four campus programs. If the fees had
been reverted in 2008, the fees would be $1,791 for 2012.
According to the sponsor, if this bill were to set the fees at
the $1,791 level for 2012, it would have the effect of reducing
the number of participating students by 282 students in 2012.
Given the high demand for this program - demonstrated by the
2,596 current year applicants for 665 spots - it may not be
prudent to set the fees at the lower level as it may be
disruptive to close one of the campuses and reduce the overall
number of students served.
Current statutes provide guidelines for tuition fees,
eligibility criteria, and other program elements, relative to
the operation of COSMOS. Nevertheless these statues request,
and do not require, the UC Regents to operate the program as
outlined in the statutes. The UC's constitutional autonomy
places limitations on legislative control over the UC. The
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California Constitution (Article IX Section 9) establishes UC as
a public trust and confers the full powers of the UC upon the UC
Regents. The Constitution establishes that the UC is subject to
legislative control only to the degree necessary to ensure the
security of its funds and compliance with the terms of its
endowments. However, an argument could be made that the UC's
failure to restore the fees to the 2005 levels was inconsistent
with legislative intent.
The author states, "COSMOS helps California meet its need for a
talented workforce by encouraging the brightest students in high
schools across the state to continue their interest in STEM
fields. COSMOS plays a vital role for the University of
California to help develop a talented STEM workforce that will
enhance the state's economic climate."
Previous legislation: Senate Bill 755 (Poochigian), Chapter
676, Statutes of 2005, changes some requirements of the STAR
program and increased the tuition cap of the COSMOS program to
$2,200 for the year 2006 and repealed these provisions on
January 1, 2008.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087
FN: 0003486