BILL NUMBER: AB 1197 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY APRIL 27, 1999
AMENDED IN ASSEMBLY APRIL 6, 1999
INTRODUCED BY Assembly Member Firebaugh
FEBRUARY 26, 1999
An act to amend Sections 76140 and 89706 of the Education Code,
relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1197, as amended, Firebaugh. Public postsecondary education:
residency.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law authorizes community college districts to admit, and
charge a tuition fee for, nonresident students in accordance with
specified criteria.
Existing law establishes the California State University and
authorizes the operation of its various campuses under the
administration of the Trustees of the California State University.
Existing law authorizes the trustees, on the basis of demonstrated
financial need and scholastic achievement, to waive entirely, or
reduce below the minimum rate, the tuition fee of a nonresident
student, as defined.
Existing law prescribes residency requirements for students at
public institutions of postsecondary education, including, among
others, the campuses of the California Community Colleges and the
California State University. With respect to alien students, existing
law specifies that an alien, including an unmarried minor alien, may
establish his or her residence unless precluded by the federal
Immigration and Nationality Act from establishing domicile in the
United States.
This bill would require that a student, including an alien student
precluded from establishing California residency because of federal
law, who has attended high school in California for 3 or more years,
and who has graduated from a California high school, be exempted,
under specified circumstances, from paying nonresident tuition at the
California Community Colleges or the California State University.
The bill would state that the Legislature requests the Regents
of the University of California also to take that action to exempt
those students from nonresident tuition. The bill would also
make various technical, nonsubstantive changes to the provisions
relating to residency with respect to attendance at campuses of the
California Community Colleges and the California State University.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76140 of the Education Code is amended to read:
76140. (a) A community college district may admit and shall
charge a tuition fee to nonresident students. The district may
exempt from all or parts of the fee any person described in paragraph
(1) or (2):
(1) All nonresidents who enroll for six or fewer units.
Exemptions made pursuant to this paragraph shall not be made on an
individual basis.
(2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
(b) A community college district may contract with a state, a
county contiguous to California, the federal government, or a foreign
country, or an agency thereof, for payment of all or a part of a
nonresident student's tuition fee.
(c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (k) or another statute, in which case a
nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) The fee established by the governing board of a community
college district pursuant to subdivision (d) shall represent for
nonresident students enrolled in 30 semester units or 45 quarter
units of credit per fiscal year (1) the amount that was expended by
the district for the expense of education as defined by the
California Community College Budget and Accounting Manual in the
preceding fiscal year, increased by the projected percent increase in
the United States Consumer Price Index as determined by the
Department of Finance for the current fiscal year and succeeding
fiscal year and divided by the FTES (including nonresident students)
attending in the district in the preceding fiscal year, (2) the
expense of education in the preceding fiscal year of all districts
increased by the projected percent increase in the United States
Consumer Price Index as determined by the Department of Finance for
the fiscal year and succeeding fiscal year and divided by the FTES
(including nonresident students) attending all districts during the
preceding fiscal year, (3) an amount not to exceed the fee
established by the governing board of any contiguous district, or (4)
an amount not to exceed the amount that was expended by the district
for the expense of education, but in no case less than the statewide
average as set forth in paragraph (2). However, if for the district'
s preceding fiscal year FTES of all students attending in the
district in noncredit courses is equal to, or greater than, 10
percent of the district's total FTES attending in the district, the
district, in calculating the amount in paragraph (1), may substitute,
instead, the data for expense of education in grades 13 and 14 and
FTES in grades 13 and 14 attending in the district.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) In adopting a tuition fee for nonresident students, the
governing board of each community college district shall consider
nonresident tuition fees of public community colleges in other
states.
(h) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(i) Any community college district that has fewer than 1,500 FTES
and whose boundary is within 10 miles of another state that has a
reciprocity agreement with California governing student attendance
and fees may exempt students from that state from the mandatory fee
requirement described in subdivision (a) for nonresident students.
(j) Any community college district that has more than 1,500, but
less than 3,001, FTES and whose boundary is within 10 miles of
another state that has a reciprocity agreement with California
governing student attendance and fees may, in any one fiscal year,
exempt up to 100 FTES from that state from the mandatory fee
requirement described in subdivision (a) for nonresident students.
(k) The attendance of nonresident students who are exempt pursuant
to subdivision (i) or (j) from the mandatory fee requirement
described in subdivision (a) for nonresident students may be reported
as resident FTES for state apportionment purposes. Any nonresident
student reported as a resident FTES for state apportionment purposes
pursuant to subdivision (i) or (j) shall pay a fee of forty-two
dollars ($42) per course unit. That fee is to be included in the
FTES adjustments described in Section 76330 for purposes of computing
apportionments.
(l) Notwithstanding any other provision of law, any student,
including an alien precluded from establishing California residency
by reason of subdivision (h) of Section 68062, who has attended high
school in California for three or more years, who has graduated from
a California high school, and who obtains admission to a California
community college within one year of high school graduation or on or
before January 1, 2001, shall be exempt from nonresident tuition. In
order to avail himself or herself of the exemption provided by this
subdivision, a student precluded from establishing California
residency by subdivision (h) of Section 68062 shall submit a
declaration to the community college he or she attends declaring his
or her intent to seek the legalization of his or her immigration
status.
SEC. 2. Section 89706 of the Education Code is amended to read:
89706. (a) The trustees may, on the basis of demonstrated
financial need and scholastic achievement, waive entirely, or reduce
below the rate, or the minimum rate, fixed by Section 89705, the
tuition fee of a nonresident student, as defined in Section 68018,
who is a citizen and resident of a foreign country, who is an
undergraduate student of exceptional scholastic ability and prior
scholastic achievement, and who is enrolled in a course of study of
no less than 10 semester units.
(b) The number of reductions and waivers granted by the trustees
under this section shall at no time exceed 71/2 percent of the
nonresident undergraduate students who are citizens and residents of
a foreign country, then enrolled in the California State University.
(c) Notwithstanding any other provision of law, any student,
including an alien precluded from establishing California residency
by reason of subdivision (h) of Section 68062, who has attended high
school in California for three or more years, who has graduated from
a California high school, and who continues his or her education at a
California institution of higher education within one year of high
school graduation or on or before January 1, 2001, shall be exempt
from nonresident tuition at the California State University. In
order to avail himself or herself of the exemption provided by this
subdivision, a student precluded from establishing California
residency by subdivision (h) of Section 68062 shall submit a
declaration to the campus of the California State University that he
or she attends declaring his or her intent to seek the legalization
of his or her immigration status.
SEC. 3. The Legislature hereby requests the Regents of the
University of California to take action to exempt from nonresident
tuition any student, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062 of
the Education Code, who has attended high school in California for
three or more years, who has graduated from a California high school,
and who continues his or her education at a California institution
of higher education within one year of high school graduation on or
before January 1, 2001, and to require each of those students, in
order to avail himself or herself of that exemption, to submit a
declaration to the campus of the University of California that he or
she attends declaring his or her intent to seek the legalization of
his or her immigration status.