AB 13: Public postsecondary education: community colleges: exemptions from nonresident tuition.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-05-28
(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 higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee.
This bill would additionally exempt nonresident students living in California and enrolled at a community college college, as specified, who are covered individuals, as defined in a specified federal statute, using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student.
This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments to those districts.
To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to certain students, the bill would impose a state-mandated local program.
(2)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.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(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 higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee.
This bill would additionally exempt nonresident students living in California and enrolled at a community college who are covered individuals, as defined in a specified federal statute, using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student.
This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments- apportionments to those districts.
To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to additional categories of certain students, the bill would impose a state-mandated local program.
(2)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.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(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 higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee.
This bill would additionally exempt nonresident students enrolled at a community college who are using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student.
This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments- to those districts.
To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to additional categories of students, the bill would impose a state-mandated local program.
(2)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.
(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), and shall exempt from all of the fee any person described in paragraph (5) or (6):
(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.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)A nonresident student who is a covered individual as defined pursuant to in Section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146), as it read on July 1, 2015, who is using, or is intending to use, GI Bill education benefits while living in California and enrolled at a community college. college on or after July 1, 2015. As used in this paragraph, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other persons eligible for those benefits because of a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a community college student.
(b)A 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 students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) 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)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)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. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)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. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)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 subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(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)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any 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.
(i)Any 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.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5), or (6) of subdivision (a), 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 resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the nonresident tuition exemption authorized by this act to be in effect for the 201516 academic year, it is necessary that this act take effect immediately.
(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), and shall exempt from all of the fee any person described in paragraph (5) or (6):
(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.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)A nonresident student who is a covered individual as defined pursuant to Section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146), as it read on July 1, 2015, who is using, or is intending to use, GI Bill education benefits while living in California and enrolled at a community college. As used in this paragraph, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with persons eligible for those benefits because of a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a community college student.
(b)A 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 students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) 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)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)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. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)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. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)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 subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(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)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any 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.
(i)Any 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.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5), or (6) of subdivision (a), 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 resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the nonresident tuition exemption authorized by this act to be in effect for the 201516 academic year, it is necessary that this act take effect immediately.
(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), and shall exempt from all of the fee any person described in paragraph (5): (5) or (6):
(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.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)A nonresident student who is using, or is intending to use, GI Bill education benefits while enrolled at a community college. As used in this paragraph, GI Bill education benefits refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a community college student.
(b)A 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 students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) 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)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)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. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)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. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)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 subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(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)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any 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.
(i)Any 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.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or (5) (3), (5), or (6) of subdivision (a), 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 resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Dec 1, 2014 | Read first time. To print. |
| Dec 2, 2014 | From printer. May be heard in committee January 1. |
| Jan 16, 2015 | Referred to Coms. on HIGHER ED. and V.A. |
| Mar 3, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on V.A. (Ayes 13. Noes 0.) (March 3). |
| Mar 4, 2015 | Read second time and amended. |
| Mar 5, 2015 | Re-referred to Com. on V.A. |
| Mar 11, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 10). Re-referred to Com. on APPR. |
| Mar 25, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| Jun 4, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 4, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. |
| Jun 4, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1913.). |
| Jun 18, 2015 | Referred to Com. on ED. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 4, 2015 | AB 13 CHÁVEZ Third Reading Urgency | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 10, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Mar 3, 2015 | Do pass as amended and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Federation of State, County, Municipal Employees, AFL-CIO | ** Support | Mar 25, 2015 |
| American Legion- Department of California | ** Support | Mar 25, 2015 |
| Amvets, Department Of California | ** Support | Mar 25, 2015 |
| California Association Of County Veterans Service Officers | ** Support | Mar 25, 2015 |
| California Community College Chancellor's Office | ** Support | Mar 25, 2015 |
| California Community College Independents | * Support | Mar 25, 2015 |
| Kern Community College District | ** Support | Mar 25, 2015 |
| Los Rios Community College District | ** Support | Mar 25, 2015 |
| Mccallum Group, Inc. | * Support | Mar 3, 2015 |
| Military Officers Association- California Council of Chapters | ** Support | Mar 25, 2015 |
| Peralta Community College District | ** Support | Mar 25, 2015 |
| Rural County Representatives of California | ** Support | Mar 25, 2015 |
| San Diego Community College District | ** Support | Mar 25, 2015 |
| Veterans of Foreign Wars- Department of California | ** Support | Mar 25, 2015 |
| Yosemite Community College District | ** Support | Mar 25, 2015 |
AB 13
Page 2
ASSEMBLY THIRD READING
AB 13
(Chávez)
As Amended May 28, 2015
2/3 vote. Urgency
Committee |
Votes |
Ayes |
Noes |
Higher Education |
13-0 |
Medina, Baker, Bloom, Chávez, Harper, Irwin, Jones-Sawyer, Levine, Linder, Low, Santiago, Weber, Williams |
|
Veterans Affairs |
9-0 |
Irwin, Mathis, Alejo, Brough, Brown, Chávez, Daly, Frazier, Salas |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Exempts from the California Community College (CCC) nonresident student fees those veterans living in California and covered under the federal Veterans Access, Choice, and Accountability Act of 2014 (Choice Act), and authorizes CCCs to claim state apportionment funding for these students enrolled on or after July 1, 2015.
EXISTING LAW:
Requires the CCC, California State University, and requests University of California, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, it is estimated that several hundred nonresident veterans attend CCCs. For every 100 full-time equivalent students in this cohort, the districts would be able to claim about $470,000 in state apportionment funding.
COMMENTS:
The United States Department of Veterans Affairs (VA) administers the federal G.I. Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill specifically states that it will pay all public school in-state tuition and fees. On August 7, 2014, President Barack Obama signed the Choice Act. Among the numerous provisions, the law requires public institutions to provide in-state tuition to specified veterans and eligible dependents in order for the institution to remain eligible to receive G.I. Bill education payments. The following "covered individuals" are eligible for in-state tuition under the Choice Act:
A veteran who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of discharge from a period of active duty service of 90 days or more.
A spouse or child using transferred benefits who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the servicemember’s death in the line of duty following a period of active duty service of 90 days or more.
In response to the enactment of the Choice Act, AB 13 (Conway), Chapter 639, Statutes of 2014, required California State University and CCC districts, and requested University of California to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act and the requirements of California law. The Choice Act requires that public institutions either comply with the nonresident tuition/fee waiver or discontinue participation in the GI Bill educational benefits programs. AB 13 did not explicitly require that the segments adopt policies that ensure continued participation in GI Bill educational benefit programs. According to the author, notwithstanding the enactment of this bill, this bill is necessary to ensure CCC districts reduce tuition for nonresident veterans in compliance with the Choice Act and receive state apportionment funding for those veteran students.
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0000684
AB 13
Page 2
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 13
(Chávez) – As Amended March 4, 2015
Policy Committee: |
Higher Education |
Vote: |
13 - 0 |
|
Veterans Affairs |
|
9 - 0 |
|
|
|
|
Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill exempts from California Community College (CCC) non-resident student fees those veterans covered under the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act"), and authorizes community colleges to claim state apportionment funding for these students.
FISCAL EFFECT:
It is estimated that several hundred nonresident veterans attend the community colleges. For every 100 full-time equivalent students in this cohort, the districts would be able to claim about $470,000 in state apportionment funding (GF-Prop 98).
COMMENTS:
Background. The VA administers the GI Bill to provide education and training benefits to eligible veterans and their eligible dependents. The GI Bill provides for in-state tuition and fees at public institutions. The federal Choice Act (2014), in part requires public institutions to provide in-state tuition regardless of the residency status of specified veterans and their eligible dependents in order for the institution to remain eligible to receive GI Bill education payments.
In response to the enactment of the Choice Act, AB 13 (Conway)/Chapter 639 of 2014, required the state's segments of higher education to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act. The Choice Act in essence requires that public institutions either comply with the nonresident tuition/fee waiver or discontinue participation in the GI Bill educational benefits programs. Since last year's AB 13 did not explicitly require policies to ensure continued participation in GI Bill educational benefit programs, a segment could arguably conform to AB 13 through discontinuing participation in the federal program. Though such an outcome is extremely unlikely, AB 27 (Chavez), an urgency measure also on today's committee agenda, provides clarification that the segments' policies are to ensure continued participation of both resident and non-resident veterans who are eligible for GI Bill benefits.
Purpose. This bill makes a conforming amendment, adding those covered under the Choice Act to an existing statute providing for in-state CCC student fees to other specified categories of students. Since these Choice Act students would no longer pay the higher non-resident fees that cover their cost of education, AB 13 also authorizes community college districts to claim these students for state apportionment funding.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 13
Page 4
Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB 13
(Chávez) – As Amended March 4, 2015
SUBJECT:
Public postsecondary education: community colleges: exemptions from nonresident tuition.
SUMMARY:
Requires a California Community College (CCC) to exempt from nonresident tuition a nonresident student who is a covered individual as defined pursuant to section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014, Public Law 113-143, who is using, or intending to use GI Bill education benefits while living in California and enrolled at a community college. This bill defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CCC student. It provides that these students may be reported as full-time equivalent students for purposes of state apportionment. This bill contains an urgency clause.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires CCC districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
Authorizes CCC districts to admit a nonresident student and requires that these students be charged a nonresident tuition fee, with certain specific exemptions, including nonresidents who enroll for six or fewer units; any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption; and, a special part-time student admitted pursuant to California statutes governing concurrent enrollment of elementary and secondary school pupils;
Requires CCC districts to exempt from the nonresident fee a nonresident student, under specified circumstances, a United States citizen who moved abroad as a result of his/her parent's deportation.
Federal requirements. The U.S Department of Veterans Affairs (VA) administers the federal G.I. Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill specifically states that it will pay all public school in-state tuition and fees. On August 7, 2014, President Obama signed the Choice Act. Among the numerous provisions, the law requires public institutions to provide in-state tuition to specified veterans and eligible dependents in order for the institution to remain eligible to receive G.I. Bill education payments. The following “covered individuals” are eligible for in-state tuition under the Choice Act:
A veteran who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of discharge from a period of active duty service of 90 days or more.
A spouse or child using transferred benefits who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the servicemember’s death in the line of duty following a period of active duty service of 90 days or more.
FISCAL EFFECT:
Unknown at this time.
COMMENTS:
This bill is coming to the Veterans Affairs Committee after first receiving a hearing in the Higher Education Committee. Rather than focus on the issues pertaining to the Higher Education aspects of this bill, for those issues have been expertly analyzed in the Higher Education analysis, this analysis will narrow in focus to the Veterans Affairs aspects of this bill.
On signing the GI Bill in 1944, then President Franklin Roosevelt said:
This bill, which I have signed today… gives servicemen and women the opportunity of resuming their education or technical training after discharge, or of taking a refresher or retrainer course, not only without tuition charge up to $500 per school year, but with the right to receive a monthly living allowance while pursuing their studies…
With the signing of this bill a well-rounded program of special veterans' benefits is nearly completed. It gives emphatic notice to the men and women in our armed forces that the American people do not intend to let them down.
…This bill therefore and the former legislation provide the special benefits which are due to the members of our armed forces -- for they "have been compelled to make greater economic sacrifice and every other kind of sacrifice than the rest of us, and are entitled to definite action to help take care of their special problems." While further study and experience may suggest some changes and improvements, the Congress is to be congratulated on the prompt action it has taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country has been in a protracted military conflict. Many of the men and women who have served in the armed forces interrupted their civilian lives to serve and sacrifice for the country and are now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part a nation of mobile people, most Americans own cars, and air and rail travel is relatively accessible and affordable. Air and rail travel are well-developed and sophisticated, it is quite possible to fly from Sacramento, California to Sydney, Australia in less than 24 hours. We travel, we move, and often our families are spread across the country. The kind of work and jobs, indeed some entire large industries, are very different today than they were back then. And, reviewing the $500 tuition benefit in the GI Bill of 1944, the price of things has certainly changed. For example, estimated tuition and fees at the University of California system for 2015-16 are $14,500 for residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC resident amount, but not anything more than that for a non-resident GI Bill student. For many, this additional amount is cost-prohibitive. California has several state laws that permit some non-resident GI Bill students to receive the resident rate. The Choice Act takes the step of saying that, in general, schools that wish to continue receiving any GI Bill benefits must no longer charge any GI Bill student non-resident tuition if that student enrolls within three years of discharge from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably, a segment could conform to …[the Choice Act] through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance."
However, according to the author, CCC districts do not currently have appropriate authority to reduce tuition for nonresident veterans in compliance with federal law. The author argues, if CCC districts do not comply with the Choice Act, not only will they be barred from accepting new students using GI Bill educational benefits, but current students will lose their federal GI Bill educational tuition assistance and housing allowance.
From the veterans affairs perspective, regardless of whether there is disagreement or clarity about the state of the existing state law and whether this bill is legally essential for the CCC to comply, the scenario contemplated by the author should be avoided. Unless we as a state intend to maintain our current cost structure at the consequence of loss of GI Bill benefits for current and future students, this bill does no harm and resolves any risk that the CCC might want to comply but lack the legal authority under California law to do so.
Related legislation. AB 27 (Chávez) would require CSU, and request UC, exempt nonresident students using GI Bill education benefits from paying nonresident tuition while enrolled as a student of that segment.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees, AFL-CIO
American Legion- Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Community College Chancellor's Office
California Catholic Conference, Inc.
Kern Community College District
Los Rios Community College District
Military Officers Association- California Council of Chapters
Peralta Community College District
Rural County Representatives of California
San Diego Community College District
Veterans of Foreign Wars- Department of California
Vietnam Veterans of America- California State Council
Yosemite Community College District
Opposition
None on File.
Analysis Prepared by:
John Spangler/V.A./(916) 319-3550
AB 13
Page 4
Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB 13
(Chávez) – As Amended March 4, 2015
SUBJECT:
Public postsecondary education: community colleges: exemptions from nonresident tuition.
SUMMARY:
Requires a California Community College (CCC) to exempt from nonresident tuition a nonresident student who is a covered individual as defined pursuant to section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014, Public Law 113-143, who is using, or intending to use GI Bill education benefits while living in California and enrolled at a community college. This bill defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CCC student. It provides that these students may be reported as full-time equivalent students for purposes of state apportionment. This bill contains an urgency clause.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires CCC districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
Authorizes CCC districts to admit a nonresident student and requires that these students be charged a nonresident tuition fee, with certain specific exemptions, including nonresidents who enroll for six or fewer units; any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption; and, a special part-time student admitted pursuant to California statutes governing concurrent enrollment of elementary and secondary school pupils;
Requires CCC districts to exempt from the nonresident fee a nonresident student, under specified circumstances, a United States citizen who moved abroad as a result of his/her parent's deportation.
Federal requirements. The U.S Department of Veterans Affairs (VA) administers the federal G.I. Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill specifically states that it will pay all public school in-state tuition and fees. On August 7, 2014, President Obama signed the Choice Act. Among the numerous provisions, the law requires public institutions to provide in-state tuition to specified veterans and eligible dependents in order for the institution to remain eligible to receive G.I. Bill education payments. The following “covered individuals” are eligible for in-state tuition under the Choice Act:
A veteran who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of discharge from a period of active duty service of 90 days or more.
A spouse or child using transferred benefits who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the servicemember’s death in the line of duty following a period of active duty service of 90 days or more.
FISCAL EFFECT:
Unknown at this time.
COMMENTS:
This bill is coming to the Veterans Affairs Committee after first receiving a hearing in the Higher Education Committee. Rather than focus on the issues pertaining to the Higher Education aspects of this bill, for those issues have been expertly analyzed in the Higher Education analysis, this analysis will narrow in focus to the Veterans Affairs aspects of this bill.
On signing the GI Bill in 1944, then President Franklin Roosevelt said:
This bill, which I have signed today… gives servicemen and women the opportunity of resuming their education or technical training after discharge, or of taking a refresher or retrainer course, not only without tuition charge up to $500 per school year, but with the right to receive a monthly living allowance while pursuing their studies…
With the signing of this bill a well-rounded program of special veterans' benefits is nearly completed. It gives emphatic notice to the men and women in our armed forces that the American people do not intend to let them down.
…This bill therefore and the former legislation provide the special benefits which are due to the members of our armed forces -- for they "have been compelled to make greater economic sacrifice and every other kind of sacrifice than the rest of us, and are entitled to definite action to help take care of their special problems." While further study and experience may suggest some changes and improvements, the Congress is to be congratulated on the prompt action it has taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country has been in a protracted military conflict. Many of the men and women who have served in the armed forces interrupted their civilian lives to serve and sacrifice for the country and are now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part a nation of mobile people, most Americans own cars, and air and rail travel is relatively accessible and affordable. Air and rail travel are well-developed and sophisticated, it is quite possible to fly from Sacramento, California to Sydney, Australia in less than 24 hours. We travel, we move, and often our families are spread across the country. The kind of work and jobs, indeed some entire large industries, are very different today than they were back then. And, reviewing the $500 tuition benefit in the GI Bill of 1944, the price of things has certainly changed. For example, estimated tuition and fees at the University of California system for 2015-16 are $14,500 for residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC resident amount, but not anything more than that for a non-resident GI Bill student. For many, this additional amount is cost-prohibitive. California has several state laws that permit some non-resident GI Bill students to receive the resident rate. The Choice Act takes the step of saying that, in general, schools that wish to continue receiving any GI Bill benefits must no longer charge any GI Bill student non-resident tuition if that student enrolls within three years of discharge from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably, a segment could conform to …[the Choice Act] through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance."
However, according to the author, CCC districts do not currently have appropriate authority to reduce tuition for nonresident veterans in compliance with federal law. The author argues, if CCC districts do not comply with the Choice Act, not only will they be barred from accepting new students using GI Bill educational benefits, but current students will lose their federal GI Bill educational tuition assistance and housing allowance.
From the veterans affairs perspective, regardless of whether there is disagreement or clarity about the state of the existing state law and whether this bill is legally essential for the CCC to comply, the scenario contemplated by the author should be avoided. Unless we as a state intend to maintain our current cost structure at the consequence of loss of GI Bill benefits for current and future students, this bill does no harm and resolves any risk that the CCC might want to comply but lack the legal authority under California law to do so.
Related legislation. AB 27 (Chávez) would require CSU, and request UC, exempt nonresident students using GI Bill education benefits from paying nonresident tuition while enrolled as a student of that segment.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees, AFL-CIO
American Legion- Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Community College Chancellor's Office
California Catholic Conference, Inc.
Kern Community College District
Los Rios Community College District
Military Officers Association- California Council of Chapters
Peralta Community College District
Rural County Representatives of California
San Diego Community College District
Veterans of Foreign Wars- Department of California
Vietnam Veterans of America- California State Council
Yosemite Community College District
Opposition
None on File.
Analysis Prepared by:
John Spangler/V.A./(916) 319-3550
AB 13
Page 4
Date of Hearing: March 3, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Medina, Chair
AB 13
(Chávez) – As Introduced December 1, 2014
SUBJECT:
Public postsecondary education: community colleges: exemptions from nonresident tuition.
SUMMARY:
Requires a California Community College (CCC) to exempt from nonresident tuition a nonresident student who is using, or is intending to use, GI Bill educational benefits while enrolled at a CCC. Defines "GI Bill educational benefits" to mean any educational benefit administered by the US Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans or other eligible persons with a relationship to a veteran to cover the costs associated with enrollment as a CCC student. Provides that these students may be reported as full-time equivalent students for purposes of state apportionment.
EXISTING LAW:
Establishes uniform residency requirements for the purposes of determining the amount of fees to be paid by students attending public institutions of higher education in California and requires CCC districts, California State University (CSU) and University of California (UC) to charge a tuition fee to nonresident students; and, provides for specified exceptions to residence determination for current and former members of the Armed Forces meeting specified requirements.
Requires the CCC, CSU, and requests UC, (the higher education "segments") to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 ("Choice Act", Public Law 113-143) and the requirements of California law.
Exempts specified California nonresidents from paying nonresident tuition if they attended a California high school for three or more years (or equivalent), graduated from a California high school (or equivalent degree), registered or attended an accredited California higher education institution not before the fall of the 2001-02 academic year, and filed an affidavit, if without lawful immigration status, stating that the student has filed an application to legalize their immigration status or will file such an application as soon as eligible to do so.
Authorizes CCC districts to admit a nonresident student and requires that these students be charged a nonresident tuition fee, with certain specific exemptions, including nonresidents who enroll for six or fewer units; any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption; and, a special part-time student admitted pursuant to California statutes governing concurrent enrollment of elementary and secondary school pupils;
Requires CCC districts to exempt from the nonresident fee a nonresident student, under specified circumstances, a United States citizen who moved abroad as a result of his/her parent's deportation.
FISCAL EFFECT:
Unknown.
COMMENTS:
Background. According to the CCC Chancellor's Office (CCCCO), an estimated 1.8 million veterans reside in California, making California's veteran population the largest in the nation. The CCCCO notes that many of the veterans returning from Iraq and Afghanistan will look to CCC as the most easily accessible and affordable educational option available, and, in fact, approximately 70,000 veterans and active duty service members enrolled at a CCC in 2013-14. According to the CCCCO, this is more than six times the combined number of veterans attending UC and CSU.
Federal requirements. The U.S Department of Veterans Affairs (VA) administers the federal G.I. Bill to provide education and training benefits to eligible veterans and their eligible dependents. The G.I. Bill specifically states that it will pay all public school in-state tuition and fees. On August 7, 2014, President Obama signed the Choice Act. Among the numerous provisions, the law requires public institutions to provide in-state tuition to specified veterans and eligible dependents in order for the institution to remain eligible to receive G.I. Bill education payments. The following “covered individuals” are eligible for in-state tuition under the Choice Act:
Š
A veteran who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of discharge from a period of active duty service of 90 days or more.
A spouse or child using transferred benefits who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state (regardless of formal in-state residence status) in which the higher education institution is located and enrolls within three years of the servicemember’s death in the line of duty following a period of active duty service of 90 days or more.
California response. In response to the enactment of the Choice Act, AB 13 (Conway), Chapter 639, Statutes of 2014, required CSU and CCC districts, and requested UC to update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the Choice Act and the requirements of California law. The Choice Act requires that public institutions either comply with the nonresident tuition/fee waiver or discontinue participation in the GI Bill educational benefits programs. AB 13 (Conway, 2014) did not explicitly require that the segments adopt policies that ensure continued participation in GI Bill educational benefit programs. Arguably, a segment could conform to AB 13 through discontinuing participation in the federal program. Committee staff understands, however, it is unlikely this approach would be used to achieve compliance.
Purpose of this bill. According to the Author, notwithstanding the enactment of AB 13, CCC districts do not currently have appropriate authority to reduce tuition for nonresident veterans in compliance with federal law. The author argues, if CCC districts do not comply with the Choice Act not only will they be barred from accepting new students using GI Bill educational benefits, but current students will lose their federal GI Bill educational tuition assistance and housing allowance.
CCC compliance options. Committee staff understands that existing law does expressly authorize a CCC district to waive nonresident tuition for an eligible veteran in compliance with the Choice Act. According to information provided by the CCCCO, at least two CCC districts have taken action to ensure compliance with the Choice Act, but this action may be noncompliant with existing law. Further, existing law does not authorize a CCC district that chooses to provide nonresident tuition waivers to eligible veterans to report the attendance generated by the veterans for state apportionment funding purposes. This bill would explicitly require CCC districts to waive nonresident tuition for students using GI Bill educational benefits, and authorizes claiming these students for state apportionment funding purposes.
Federal waiver. According to information provided by the VA, the VA is in the process of developing waiver criteria for States that are actively pursuing changes to comply with the requirements of the Choice Act. More information regarding the waiver criteria is expected to be released in the coming weeks and will be included in a regulation published in the Federal Register.
Related legislation. AB 27 (Chávez) would require CSU, and request UC, exempt nonresident students using GI Bill education benefits from paying nonresident tuition while enrolled as a student of that segment. AB 27 is pending before the Assembly Higher Education Committee.
Recommended amendments. The Committee may wish to consider the following amendments:
To provide for consistency with the benefit required pursuant to the Choice Act, the Committee may wish to amend Page 3, lines 31 – 32, to read:
(6) A nonresident student who is a covered individual as defined pursuant to section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014, Public Law 113-143, who is using, or intending to use GI Bill education benefits while living in California and enrolled at a community college.
To allow for the nonresident tuition exemption authorized by this bill to be in effect as soon as possible, the Author has requested to add an urgency clause so that the provisions take effect immediately upon the bill being chaptered.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community College Chancellor's Office
California Catholic Conference, Inc.
Opposition
None on File
Analysis Prepared by:
Laura Metune/HIGHER ED./(916) 319-3960
Discussed in Hearing
1MIN
Assembly Floor
9MIN
Assembly Standing Committee on Appropriations
10MIN
Assembly Standing Committee on Higher Education
Bill Author
