AB 1583: Community colleges: enrollment fee waiver.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-05-31
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 postsecondary education in this state. 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 requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law provides for the waiver of this fee under certain circumstances, including, among others, that the student either (1) at the time of enrollment is a recipient under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program, (2) demonstrates eligibility according to income standards established by regulation of the board of governors, or (3) demonstrates financial need in accordance with methodology set forth in federal law or regulation for determining the expected family contribution of students seeking aid.
This bill would lower the amount of unmet financial need a student needs to demonstrate to qualify for a fee waiver to at least one dollar. The bill would require the board of governors, by January 1, 2018, to ensure a fee waiver application is available to be completed and submitted electronically by students at each community college. The bill would require the board of governors to establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed $1,000 per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses. To the extent the bill would impose new duties on community college districts, it would constitute a state-mandated local program.
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.
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 postsecondary education in this state. 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 requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law provides for the waiver of this fee under certain circumstances, including, among others, that the student either (1) at the time of enrollment is a recipient under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program, (2) demonstrates eligibility according to income standards established by regulation of the board of governors, or (3) demonstrates financial need in accordance with methodology set forth in federal law or regulation for determining the expected family contribution of students seeking aid.
This bill would revise some of these circumstances by raising the amount of income a student can earn and still qualify for a fee waiver to no lower than three times the current federal poverty level and by lowering lower the amount of unmet financial need a student needs to demonstrate to qualify for a fee waiver to at least one dollar. The bill would require the board of governors, by January 1, 2018, to ensure a fee waiver application is available to be completed and submitted electronically by students at each community college. The bill would require the board of governors to establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed $1,000 per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses. To the extent the bill would impose new duties on community college districts, it would constitute a state-mandated local program.
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.
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 postsecondary education in this state. 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 requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law provides for the waiver of this fee under certain circumstances, including, among others, that the student either (1) at the time of enrollment is a recipient under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program, (2) demonstrates eligibility according to income standards established by regulation of the board of governors, or (3) demonstrates financial need in accordance with methodology set forth in federal law or regulation for determining the expected family contribution of students seeking aid.
This bill would declare the intent of the Legislature to enact legislation that would establish a California Promise program to expand access to the California Community Colleges for California residents.
This bill would revise some of these circumstances by raising the amount of income a student can earn and still qualify for a fee waiver to no lower than three times the current federal poverty level and by lowering the amount of unmet financial need a student needs to demonstrate to qualify for a fee waiver to at least one dollar. The bill would require the board of governors, by January 1, 2018, to ensure a fee waiver application is available to be completed and submitted electronically by students at each community college. The bill would require the board of governors to establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed $1,000 per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses. To the extent the bill would impose new duties on community college districts, it would constitute a state-mandated local program.
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.
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 postsecondary education in this state. 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.
This bill would declare the intent of the Legislature to enact legislation that would establish a California Promise program to expand access to the California Community Colleges for California residents.
(a)It is the intent of the Legislature to establish the California Promise a California affordability promise to ensure more Californians have the opportunity to access and afford community college in California.
(b)The Legislature finds and declares all of the following:
(1)Californias 1960 A Master Plan for Higher Education in California affirmed the states commitment to a system of higher education combining exceptional quality with broad access.
(2)The California Community College system is the largest system of higher education in the United States, offering associate degrees and certificates in more than 175 fields to 2.1 million students on 113 campuses.
(3)For every dollar California invests to get students into and through college, the state receives a $4.50 net return on investment.
(4)In 2025, California faces an estimated shortage of one million college degree and certificate holders needed to sustain the states workforce.
(5)To meet the demand for college degree and certificate holders, California has and must continue to invest significantly in need-based financial aid for California community college students, including the California Community Colleges Board of Governors Enrollment Fee Waiver Program and the Cal Grant Program.
(6)The fee waiver program
(1)The California Community Colleges Board of Governors Enrollment Fee Waiver Program offsets tuition and fees for more than 60 percent of full-time community college students and nearly half of all community college students, with the only requirements being that students demonstrate financial need and meet reasonable academic progress standards.
(7)
(2)Despite the many strengths of the fee waiver program, eligibility is currently limited to students with a minimum need of $1,104.
(8)Community college access and affordability are not exclusively tied to tuition and fees; for instance, nontuition costs such as textbooks, transportation, food, housing, and other college-related expenses can represent more than 90 percent of the total cost of attending community college, thereby preventing students from successfully enrolling in and completing community college.
(9)Although California has devoted considerable resources to need-based aid at the California Community Colleges, not every student with need is able to access or receive aid to offset tuition or nontuition expenses.
(c)It is the intent of the Legislature to ensure all Californians with financial need are able to access and afford community college in California. eligible for an enrollment fee waiver at the California Community Colleges.
SEC. 2.Section 76300 of the Education Code is amended to read:76300.(a)The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)(1)The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2)The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)The fee requirement does not apply to any of the following:
(1)Students enrolled in the noncredit courses designated by Section 84757.
(2)California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3)Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f)The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)(1)The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A)Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B)Meets one of the following criteria:
(i)At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii)Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii)Demonstrates financial need of at least one dollar in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(2)(A)The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i)Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii)Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student.
(iii)A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college.
(B)To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3)It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4)It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining his or her fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A)Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B)Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C)A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5)The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A)The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B)How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C)The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h)The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120.
(j)The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1)The dependent was a resident of California on September 11, 2001.
(2)The individual killed in the attacks was a resident of California on September 11, 2001.
(k)A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l)(1)Dependent, for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2)A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3)A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4)A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m)(1)It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2)From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.
(n)The board of governors shall adopt regulations implementing this section.
(o)By January 1, 2018, the board of governors shall ensure a fee waiver application is available to be completed and submitted electronically by students at each community college.
SEC. 3.Section 76300.1 is added to the Education Code, to read:76300.1.(a)The board of governors shall establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed one thousand dollars ($1,000) per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses.
(b)Eligibility for the program described in subdivision (a) shall be determined by utilizing the students Free Application for Federal Student Aid, or California Dream Act Application, whichever applies.
SEC. 4.SEC. 3.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.
(a)It is the intent of the Legislature to establish the California Promise to ensure more Californians have the opportunity to access and afford community college in California.
(b)The Legislature finds and declares all of the following:
(1)Californias 1960 A Master Plan for Higher Education in California affirmed the states commitment to a system of higher education combining exceptional quality with broad access.
(2)The California Community College system is the largest system of higher education in the United States, offering associate degrees and certificates in more than 175 fields to 2.1 million students on 113 campuses.
(3)For every dollar California invests to get students into and through college, the state receives a $4.50 net return on investment.
(4)In 2025, California faces an estimated shortage of one million college degree and certificate holders needed to sustain the states workforce.
(5)To meet the demand for college degree and certificate holders, California has and must continue to invest significantly in need-based financial aid for California community college students, including the California Community Colleges Board of Governors Enrollment Fee Waiver Program and the Cal Grant Program.
(6)The fee waiver program offsets tuition and fees for more than 60 percent of full-time community college students and nearly half of all community college students, with the only requirements being that students demonstrate financial need and meet reasonable academic progress standards.
(7)Despite the many strengths of the fee waiver program, eligibility is currently limited to students with a minimum need of $1,104.
(8)Community college access and affordability are not exclusively tied to tuition and fees; for instance, nontuition costs such as textbooks, transportation, food, housing, and other college-related expenses can represent more than 90 percent of the total cost of attending community college, thereby preventing students from successfully enrolling in and completing community college.
(9)Although California has devoted considerable resources to need-based aid at the California Community Colleges, not every student with need is able to access or receive aid to offset tuition or nontuition expenses.
(c)It is the intent of the Legislature to ensure all Californians with financial need are able to access and afford community college in California.
SEC. 2.Section 76300 of the Education Code is amended to read:76300.(a)The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)(1)The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2)The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)The fee requirement does not apply to any of the following:
(1)Students enrolled in the noncredit courses designated by Section 84757.
(2)California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3)Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f)The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)(1)The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A)Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B)Meets one of the following criteria:
(i)At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii)Demonstrates eligibility according to income standards established by regulations of the board of governors, with income standards set no lower than three times the current federal poverty level. governors.
(iii)Demonstrates financial need of at least one dollar in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(2)(A)The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i)Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii)Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student.
(iii)A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college.
(B)To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3)It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4)It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining his or her fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A)Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B)Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C)A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5)The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A)The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B)How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C)The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h)The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120.
(j)The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1)The dependent was a resident of California on September 11, 2001.
(2)The individual killed in the attacks was a resident of California on September 11, 2001.
(k)A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l)(1)Dependent, for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2)A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3)A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4)A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m)(1)It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2)From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.
(n)The board of governors shall adopt regulations implementing this section.
(o)By January 1, 2018, the board of governors shall ensure a fee waiver application is available to be completed and submitted electronically by students at each community college.
SEC. 3.Section 76300.1 is added to the Education Code, to read:76300.1.(a)The board of governors shall establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed one thousand dollars ($1,000) per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses.
(b)Eligibility for the program described in subdivision (a) shall be determined by utilizing the students Free Application for Federal Student Aid, or California Dream Act Application, whichever applies.
SEC. 4.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.
(a)It is the intent of the Legislature to enact legislation that would establish a the California Promise program to expand access to the California Community Colleges for California residents. ensure more Californians have the opportunity to access and afford community college in California.
(b)The Legislature finds and declares all of the following:
(1)Californias 1960 A Master Plan for Higher Education in California affirmed the states commitment to a system of higher education combining exceptional quality with broad access.
(2)The California Community College system is the largest system of higher education in the United States, offering associate degrees and certificates in more than 175 fields to 2.1 million students on 113 campuses.
(3)For every dollar California invests to get students into and through college, the state receives a $4.50 net return on investment.
(4)In 2025, California faces an estimated shortage of one million college degree and certificate holders needed to sustain the states workforce.
(5)To meet the demand for college degree and certificate holders, California has and must continue to invest significantly in need-based financial aid for California community college students, including the California Community Colleges Board of Governors Enrollment Fee Waiver Program and the Cal Grant Program.
(6)The fee waiver program offsets tuition and fees for more than 60 percent of full-time community college students and nearly half of all community college students, with the only requirements being that students demonstrate financial need and meet reasonable academic progress standards.
(7)Despite the many strengths of the fee waiver program, eligibility is currently limited to students with a minimum need of $1,104.
(8)Community college access and affordability are not exclusively tied to tuition and fees; for instance, nontuition costs such as textbooks, transportation, food, housing, and other college-related expenses can represent more than 90 percent of the total cost of attending community college, thereby preventing students from successfully enrolling in and completing community college.
(9)Although California has devoted considerable resources to need-based aid at the California Community Colleges, not every student with need is able to access or receive aid to offset tuition or nontuition expenses.
(c)It is the intent of the Legislature to ensure all Californians with financial need are able to access and afford community college in California.
SEC. 2.Section 76300 of the Education Code is amended to read:76300.(a)The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)(1)The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2)The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)The fee requirement does not apply to any of the following:
(1)Students enrolled in the noncredit courses designated by Section 84757.
(2)California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3)Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f)The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)(1)The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A)Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B)Meets one of the following criteria:
(i)At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii)Demonstrates eligibility according to income standards established by regulations of the board of governors. governors, with income standards set no lower than three times the current federal poverty level.
(iii)Demonstrates financial need of at least one dollar in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(2)(A)The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i)Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii)Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student.
(iii)A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college.
(B)To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3)It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4)It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining his or her fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A)Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B)Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C)A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5)The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A)The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B)How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C)The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h)The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120.
(j)The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1)The dependent was a resident of California on September 11, 2001.
(2)The individual killed in the attacks was a resident of California on September 11, 2001.
(k)A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l)(1)Dependent, for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2)A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3)A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4)A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m)(1)It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2)From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.
(n)The board of governors shall adopt regulations implementing this section.
(o)This section shall become operative on May 1, 2012, only if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative.
(o)By January 1, 2018, the board of governors shall ensure a fee waiver application is available to be completed and submitted electronically by students at each community college.
SEC. 3.Section 76300.1 is added to the Education Code, to read:76300.1.The board of governors shall establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed one thousand dollars ($1,000) per student per year, for the purpose of offsetting a portion of the costs associated with the purchase of books, supplies, transportation, and other general living expenses.
SEC. 4.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.
It is the intent of the Legislature to enact legislation that would establish a California Promise program to expand access to the California Community Colleges for California residents.
|
Date
|
Status
|
|---|---|
| May 27, 2016 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 6.) (May 27). |
| Jun 29, 2016 | In committee: Set, second hearing. Failed passage. Reconsideration granted. |
| Jun 22, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 9, 2016 | Referred to Com. on ED. |
| Jun 6, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 25.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 25. Page 5204.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2016 | Read second time. Ordered to third reading. |
| May 31, 2016 | Read second time and amended. Ordered returned to second reading. |
| Jan 5, 2016 | Read first time. To print. |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2016 | Re-referred to Com. on APPR. |
| Apr 14, 2016 | Read second time and amended. |
| Apr 13, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 12). |
| Mar 16, 2016 | Re-referred to Com. on HIGHER ED. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 14, 2016 | Referred to Com. on HIGHER ED. |
| Jan 6, 2016 | From printer. May be heard in committee February 5. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2016 | [Second] hearing set for [06-29-2016]: Failed passage in Committee. Reconsideration granted | Senate Standing Committee on Education |
Passed |
|
| Jun 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Failed |
|
| Jun 2, 2016 | AB 1583 SANTIAGO Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | 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
|
|---|---|---|
| California Primary Care Association | ** Support | Jun 2, 2016 |
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1583
Author: | Santiago | ||
Version: | May 31, 2016 Hearing Date: June 29, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Kathleen Chavira | ||
Subject: Community colleges: enrollment fee waiver
SUMMARY
This bill statutorily establishes a criteria for determining income eligibility for a Board of Governor’s fee waiver by requiring that a waiver be granted to any student who demonstrates financial need of at least one dollar.
BACKGROUND
Existing law requires the Board of Governors (BOG) to charge each student a $46 per unit per semester fee. Existing law also requires a waiver of these fees (BOG fee waiver) for students who meet specified income requirements based on any of the following criteria:
- At the time of enrollment, the student is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
- Demonstrates eligibility according to income standards established by regulations of the BOG.
- Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (Education Code § 76300)
ANALYSIS
This bill:
- Modifies criteria for determining income eligibility for a Board off Governor’s fee waiver by statutorily requiring that a waiver be granted to any student who demonstrates financial need of at least one dollar, using federal financial aid methodology.
- Deletes an obsolete provision.
STAFF COMMENTS
- Rationale for the bill. This bill is prompted by the national debate over President Obama’s College Promise, which proposes two years of free community college for eligible students. This bill, rather than implement free community college tuition would reduce the amount of unmet need students must demonstrate in order to qualify for the BOG fee waiver program. The requirements for eligibility established by the bill would reflect a policy under which the BOG fee waiver program operated prior to 2012.
- History. In 2012, citing the significant growth in the Board of Governors (BOG) fee waiver program both in the number of recipients and the dollar value (1.13 million recipients and $410 million) the California Community College Chancellor’s Office made an administrative change to the methodology for conducting a needs analysis. Up to that time a student with $1 of need was able to qualify for the full BOG fee waiver. Because an eligible student has all enrollment fees waived regardless of the amount of financial need, students had been able to receive fee waivers in excess of their financial need. This policy was changed to ensure that awards do not exceed need and to conform the BOG fee waiver program to the standards used for other financial aid program, such as the Cal Grant.
Under the current policy, students whose financial need is less than the fees charged for full-time enrollment do not receive an award. The annual threshold for eligibility for the BOG waiver under the current policy is $1,104. Students remain eligible for a BOG fee waiver to cover any number of units as long as they demonstrate financial need equal to or greater than this minimum. The chancellor’s office estimated a loss of eligibility for about 21,000 fee waiver recipient’s systemwide as a result of this change in policy.
- Who is in/out? According to information provided by the Chancellor’s Office, recipients at the upper end of the income spectrum were affected by the BOG fee waiver policy change. Because financial need takes into account a variety of factors, it is difficult to identify an exact income cut-off for eligibility. However, the chancellor’s office provides the following examples of students who were eligible under the old policy, but were no longer eligible after the change in 2012:
- A single student over the age of 24 with no children, an annual income of $71,500 per year, and $2,000 in savings.
- A married student with one child and a combined annual income of $100,000 and $500 in savings.
- An 18 year old student living with parents in a family of four with parental annual income of $85,000 per year and $12,000 in assets.
- Is this bill necessary? Under current law, the Chancellor’s Office has the authority to administratively set the financial need threshold for the BOG fee
waivers. The Chancellor’s Office reports that prior adjustments to the policy were based upon direction and guidance from the Legislature and the Department of Finance.
In light of the system’s past responsiveness, is it necessary or prudent to limit the flexibility of the Board of Governors (BOG) to adjust fee waiver policy to respond to changing fiscal conditions or legislative/administrative direction?
- Policy trade-offs? According to the Chancellor’s Office, of the 2.1 million California Community College students, 55 percent receive a BOG fee waiver. Since the inception of the program in 1984, more than 5.1 million students have been exempted from fees and the state has invested more than $5 billion in the program. The Chancellor’s Office also reports that in the past decade, participation in the program has grown by 86 percent and this year the program is projected to cover $803 million in fees.
The Chancellor's Office estimates that the provisions of this bill would result in over 33,000 additional students becoming eligible for a fee waiver, at a cost of about $23 million. Affected districts would receive additional general fund for the fee’s waived for these students. However, using general fund monies for this purpose could mean a reduction in the amount of funding available for other legislative priorities.
According to the US Department of Education’s College Affordability and Transparency Center, California’s Community college fees are well below the national average of $3,141 per year. In addition, in a 2016 College Affordability Diagnosis for California, the Institute for Research on Higher Education notes the community colleges have become more affordable since 2008, as the percent of family income to enroll has declined (ranking 13th nationally). The Chancellor’s Office reports that many students still struggle to pay for “access” costs which make up 90 percent of the total costs of college attendance, and as a result, have focused their legislative efforts on increasing Cal Grant B access awards and increasing the number of Competitive Cal Grants.
The Committee may wish to consider:
- Is the provision of a benefit that exceeds a student’s calculated need this Committee’s highest priority for general fund apportionments to the community colleges?
- Would the expanded tuition relief proposed by this bill come at the expense of efforts to expand other financial aid programs to address the total cost of attendance?
- What would be the impact on the students with the greatest financial need?
SUPPORT
California Community College League
California Health+ Advocates
Lieutenant Governor Gavin Newsom
Western Association for College Admission Counseling
OPPOSITION
None received.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1583
Author: | Santiago | ||
Version: | May 31, 2016 Hearing Date: June 22, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Kathleen Chavira | ||
Subject: Community colleges: enrollment fee waiver
SUMMARY
This bill statutorily establishes a criteria for determining income eligibility for a Board of Governor’s fee waiver by requiring that a waiver be granted to any student who demonstrates financial need of at least one dollar.
BACKGROUND
Existing law requires the Board of Governors (BOG) to charge each student a $46 per unit per semester fee. Existing law also requires a waiver of these fees (BOG fee waiver) for students who meet specified income requirements based on any of the following criteria:
- At the time of enrollment, the student is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
- Demonstrates eligibility according to income standards established by regulations of the BOG.
- Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (Education Code § 76300)
ANALYSIS
This bill:
- Modifies criteria for determining income eligibility for a Board off Governor’s fee waiver by statutorily requiring that a waiver be granted to any student who demonstrates financial need of at least one dollar, using federal financial aid methodology.
- Deletes an obsolete provision.
STAFF COMMENTS
- Rationale for the bill. This bill is prompted by the national debate over President Obama’s College Promise, which proposes two years of free community college for eligible students. This bill, rather than implement free community college tuition would reduce the amount of unmet need students must demonstrate in order to qualify for the BOG fee waiver program. The requirements for eligibility established by the bill would reflect a policy under which the BOG fee waiver program operated prior to 2012.
- History. In 2012, citing the significant growth in the Board of Governors (BOG) fee waiver program both in the number of recipients and the dollar value (1.13 million recipients and $410 million) the California Community College Chancellor’s Office made an administrative change to the methodology for conducting a needs analysis. Up to that time a student with $1 of need was able to qualify for the full BOG fee waiver. Because an eligible student has all enrollment fees waived regardless of the amount of financial need, students had been able to receive fee waivers in excess of their financial need. This policy was changed to ensure that awards to not exceed need and to conform the BOG fee waiver program to the standards used for other financial aid program, such as the Cal Grant.
Under the current policy, students whose financial need is less than the fees charged for full-time enrollment do not receive an award. The annual threshold for eligibility for the BOG waiver under the current policy is $1,104. Students remain eligible for a BOG fee waiver to cover any number of units as long as they demonstrate financial need equal to or greater than this minimum. The chancellor’s office estimated a loss of eligibility for about 21,000 fee waiver recipient’s systemwide as a result of this change in policy.
- Who is in/out? According to information provided by the Chancellor’s Office, recipients at the upper end of the income spectrum were affected by the BOG fee waiver policy change. Because financial need takes into account a variety of factors, it is difficult to identify an exact income cut-off for eligibility. However, the chancellor’s office provides the following examples of students who were eligible under the old policy, but were no longer eligible after the change in 2012:
- A single student over the age of 24 with no children, an annual income of $71,500 per year, and $2,000 in savings.
- A married student with one child and a combined annual income of $100,000 and $500 in savings.
- An 18 year old student living with parents in a family of four with parental annual income of $85,000 per year and $12,000 in assets.
- Is this bill necessary? Under current law, the Chancellor’s Office has the authority to administratively set the financial need threshold for the BOG fee
waivers. The Chancellor’s Office reports that prior adjustments to the policy were based upon direction and guidance from the Legislature and the Department of Finance.
In light of the system’s past responsiveness, is it necessary or prudent to limit the flexibility of the BOG to adjust fee waiver policy to respond to changing fiscal conditions or legislative/administrative direction?
- Policy trade-offs? According to the Chancellor’s Office, of the 2.1 million California Community College students, 55 percent receive a BOG fee waiver. Since the inception of the program in 1984, more than 5.1 million students have been exempted from fees and the state has invested more than $5 billion in the program. The Chancellor’s Office also reports that in the past decade, participation in the program has grown by 86 percent and this year the program is projected to cover $803 million in fees.
The Chancellor's Office estimates that the provisions of this bill would result in over 33,000 additional students becoming eligible for a fee waiver, at a cost of about $23 million. Affected districts would receive additional general fund for the fee’s waived for these students. However, using general fund monies for this purpose could mean a reduction in the amount of funding available for other legislative priorities.
According to the US Department of Education’s College Affordability and Transparency Center, California’s Community college fees are well below the national average of $3,141 per year. In addition, in a 2016 College Affordability Diagnosis for California, the Institute for Research on Higher Education notes the community colleges have become more affordable since 2008, as the percent of family income to enroll has declined (ranking 13th nationally). The Chancellor’s Office reports that many students still struggle to pay for “access” costs which make up 90 percent of the total the total costs of college attendance, and as a result, have focused their legislative efforts on increasing Cal Grant B access awards and increasing the number of Competitive Cal Grants.
The committee may wish to consider:
- Is the provision of a benefit that exceeds a student’s calculated need this committee’s highest priority for general fund apportionments to the community colleges?
- Would the expanded tuition relief proposed by this bill come at the expense of efforts to expand other financial aid programs to address the total cost of attendance?
- What would be the impact on the students with the greatest financial need?
SUPPORT
California Community College League
California Health+ Advocates
Lieutenant Governor Gavin Newsom
Western Association for College Admission Counseling
OPPOSITION
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Santiago)
As Amended Ver:May 31, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Higher Education | 9-2 | Medina, Bloom, Irwin, Jones-Sawyer, Levine, Low, Santiago, Weber, Williams | Baker, Linder |
Appropriations | 14-6 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Expands the California Community College (CCC) Board of Governors (BOG) Fee Waiver Program (BOGFW) to students with any financial need. Specifically, this bill:
- Declares Legislative intent to establish a California affordability promise to ensure more Californians have the opportunity to access and afford community college in California.
- Establishes the following findings and declarations:
- The BOGFW offsets tuition and fees for more than 60% of full-time CCC students and nearly half of all CCC students, with the only requirements being that students demonstrate financial need and meet reasonable academic progress standards.
- Despite the many strengths of the BOGFW, eligibility is currently limited to students with a minimum need of $1,104.
- It is the intent of the Legislature to ensure all Californians with financial need are eligible for the BOGFW.
- Amends the BOGFW eligibility criteria to include students who demonstrate financial need of at least $1, in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
- Provides for reimbursement to local agencies and school districts if the Commission on State Mandates determines that this bill contains mandated state costs.
EXISTING LAW:
- Requires a BOGFW for any students who meet all of the following requirements:
- Meets minimum academic and progress standards, as adopted by BOG;
- Meets one of the following criteria:
- At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program; or,
- Demonstrates eligibility according to income standards established by regulations of the BOG; or,
- Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (Education Code Section 76300).
- The 2015-16 Budget Act provided $39 million to be distributed to students receiving the Cal Grant B Access Award and taking 12 units or more. The CCC Chancellor's Office was required to determine the number of students eligible for funding and distribute an equal amount of funding to each student. In September of 2015, the Chancellor's Office announced the Full-Time Student Success Grant to provide an additional $600 supplement to qualified students. The Governor's 2016-17 January Budget proposes to continue this program.
FISCAL EFFECT: According to the Assembly Appropriations Committee, the CCC Chancellor's Office estimates that over 33,000 additional students would initially become eligible for a fee waiver, at a cost of about $23 million (General Fund Proposition 98 of 1988), from changing the financial need eligibility criteria to $1.
COMMENTS: Purpose of this bill. According to the author, "in 2025, California faces an estimated shortage of 2.4 million college degree and certificate holders. To meet the demand, California has and must continue to invest significantly in need-based financial aid for CCC students. Despite the many strengths of the BOGFW, eligibility is currently limited to students who demonstrate financial need via various methods, and these methods can unfortunately exclude various students with low to lower-middle income and/or financial need. This bill strengthens and expands the BOGFW to ensure more Californians have the opportunity to access and afford community college."
BOGFW income limitations. In 1984, California enacted the first CCC enrollment fee at $5 per unit, with a maximum of $50 per semester and $100 per year. Simultaneously, the BOG was required to establish a financial aid program to negate the effect of the introduction of enrollment fees on access for low income students (BOGFW). The program was designed to make sure that students with financial need did not face a barrier to enrollment. Until 2012, the BOGFW was awarded to any student demonstrating at least $1 of financial need. In 2012, in response to a growing population of students applying for and receiving BOGFW, a policy change was made to require students to demonstrate full need for the aid awarded; $1104 based on current CCC fees. Approximately 21,000 students lost BOGFW in 2012-13 due to this change. This bill would return need eligibility to the $1 threshold.
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0003088
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1583
Author:(Santiago) – As Amended Ver:April 14, 2016
Policy Committee: | Higher Education | Vote: | 9 - 2 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill expands eligibility for the California Community College (CCC) Board of Governors Fee Waiver (BOGFW), based on financial need, and establishes an additional need-based program to provide additional aid to students receiving a BOGFW to offset other costs of education. Specifically, this bill:
- Amends the BOGFW eligibility criteria to include students who demonstrate financial need of at least one dollar, in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
- Requires the BOG, by January 1, 2018, to ensure a fee waiver application can be completed and submitted electronically.
- Requires the BOG to establish a need-based program to provide fee waiver recipients up to $1,000 in additional aid per year to offset a portion of the costs of textbooks, supplies, transportation, and other living expenses.
- Stipulates that eligibility for the additional aid per (3) would be determined using the student's Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application, as applicable.
FISCAL EFFECT:
- The Chancellor's Office estimates that over 33,000 additional students would initially become eligible for a fee waiver, at a cost of about $23 million (GF Prop 98), from changing the financial need eligibility criteria to one dollar.
- With over one million CCC students receiving a BOGFW, a supplemental grant of up to $1,000 would cost up to $1 billion. (GF-Prop 98)
- It is estimated that requiring students to complete a FAFSA or Dream Act application in order to qualify for the supplemental grant would increase the number of applications completed by 20% to 25%. The resulting workload impact on financial aid offices at the 113 campuses would cost in the range of $10 million (GF- Prop 98) statewide. Increased completion of these applications would likely lead to increased Cal Grant Entitlement program awards, resulting in significant increased costs in this program.
- The Chancellor's Office would incur one-time General Fund costs of around $3 million for programming to provide for online BOGFW applications and for the change in the financial need eligibility criteria.
COMMENTS:
- Purpose. According to the author, "… Despite the many strengths of the BOGFW, eligibility is currently limited to students who demonstrate financial need via various methods, and these methods can unfortunately exclude various students with low to lower-middle income and/or financial need. Furthermore, CCC access and affordability are not exclusively tied to tuition and fees; for instance, non-tuition costs can represent more than 90 percent of the total cost of attending community college…This bill strengthens and expands the BOGFW to ensure more Californians have the opportunity to access and afford community college."
- BOGFW Background. In 1984, California enacted the first CCC enrollment fee at $5 per unit, with a maximum of $50 per semester and $100 per year. Simultaneously, the BOG was required to establish a financial aid program to negate the effect of the introduction of enrollment fees on access for low income students (BOGFW). The program was designed to make sure that students with financial need did not face a barrier to enrollment. Approximately 60% of full-time CCC students receive a BOGFW. There are three income-based pathways to qualify for the BOGFW. This bill increases eligibility pools under one of these pathways as follows:
Until 2012, the BOGFW was awarded to any student demonstrating at least $1 of financial need. In 2012, in response to a growing population of students applying for and receiving BOGFW, a policy change was made to require students to demonstrate full need for the aid awarded, which is $1,104 based on current CCC fees. Approximately 21,000 students lost the fee waiver in 2012-13 due to this change. This bill returns need eligibility to the $1 threshold.
- Related Legislation. AB 1721 (Medina), pending on this committee's Suspense File, in part increases the Cal Grant B access award, which helps offset non-tuition related costs, to $3,000.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 1583 (
Author:Santiago) – As Amended Ver:March 15, 2016
SUBJECT: Community colleges: enrollment fee waiver and additional assistance
SUMMARY: Expands the California Community College (CCC) Board of Governors (BOG) Fee Waiver Program (BOGFW) to include specified categories of students, and establishes a need-based aid program to cover access costs for CCC students. Specifically, this bill:
- Declares Legislative intent to establish the California Promise to ensure more Californians have the opportunity to access and afford community college in California.
- Establishes the following findings and declarations:
- California’s 1960 Master Plan for Higher Education affirmed the state’s commitment to a system of higher education combining exceptional quality with broad access.
- The CCC system is the largest system of higher education in the U.S., offering associate degrees and certificates in more than 175 fields to 2.1 million students on 113 campuses.
- For every dollar California invests to get students into and through college, the state receives a $4.50 net return on investment.
- In 2025, California faces an estimated shortage of one million college degree and certificate holders needed to sustain the state’s workforce.
- To meet the demand for college degree and certificate holders, California has and must continue to invest significantly in need-based financial aid for CCC students, including the Board of Governors Enrollment Fee Waiver Program (BOG Fee Waiver Program) and the Cal Grant Program.
- The BOGFW offsets tuition and fees for more than 60% of full-time CCC students and nearly half of all CCC students, with the only requirements being that students demonstrate financial need and meet reasonable academic progress standards.
- Despite the many strengths of the BOGFW, eligibility is currently limited to students with a minimum need of $1,104.
- CCC access and affordability are not exclusively tied to tuition and fees; for instance, nontuition costs such as textbooks, transportation, food, housing, and other college-related expenses can represent more than 90% of the total cost of attending CCC, thereby preventing students from successfully enrolling in and completing CCC.
- Although California has devoted considerable resources to need-based aid at the CCC, not every student with need is able to access or receive aid to offset tuition or non-tuition expenses.
- It is the intent of the Legislature to ensure all Californians with financial need are able to access and afford CCC.
- Amends the BOGFW eligibility criteria to include:
- Students who demonstrate eligibility according to income standards established by regulations of the BOG, with income standards set no lower than three times the current federal poverty level; and,
- Students who demonstrate financial need of at least one dollar, in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
- Requires, by January 1, 2018, BOG to ensure a fee waiver application is available to be completed and submitted electronically by students at each CCC.
- Requires BOG to establish a need-based aid program to provide fee waiver recipients with financial resources, not to exceed one thousand dollars ($1,000) per student per year, to offset a portion of the costs of textbooks, supplies, transportation, and other living expenses.
- Provides for reimbursement to local agencies and school districts if the Commission on State Mandates determines that this bill contains mandated state costs.
EXISTING LAW:
- Requires a BOGFW for any students who meet all of the following requirements:
- Meets minimum academic and progress standards, as adopted by BOG;
- Meets one of the following criteria:
- At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program; or,
- Demonstrates eligibility according to income standards established by regulations of the BOG; or,
- Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (Education Code Section 76300).
- The 2015-16 Budget Act provided $39,000,000 to be distributed to students receiving the Cal Grant B Access Award and taking 12 units or more. The CCC Chancellor's Office was required to determine the number of students eligible for funding and distribute an equal amount of funding to each student. In September of 2015, the Chancellor's Office announced the Full-Time Student Success Grant to provide an additional $600 supplement to qualified students. The Governor's 2016-17 January Budget proposes to continue this program.
FISCAL EFFECT: Unknown.
COMMENTS: Purpose of this bill. According to the author, "in 2025, California faces an estimated shortage of 2.4 million college degree and certificate holders. To meet the demand, California has and must continue to invest significantly in need-based financial aid for CCC students. Despite the many strengths of the BOGFW, eligibility is currently limited to students who demonstrate financial need via various methods, and these methods can unfortunately exclude various students with low to lower-middle income and/or financial need. Furthermore, CCC access and affordability are not exclusively tied to tuition and fees; for instance, non-tuition costs can represent more than 90 percent of the total cost of attending community college. These costs can prevent students from successfully enrolling in and completing community college. This bill strengthens and expands the BOGFW to ensure more Californians have the opportunity to access and afford community college."
BOGFW income limitations. In 1984, California enacted the first CCC enrollment fee at $5 per unit, with a maximum of $50 per semester and $100 per year. Simultaneously, the BOG was required to establish a financial aid program to negate the effect of the introduction of enrollment fees on access for low income students (BOGFW). The program was designed to make sure that students with financial need did not face a barrier to enrollment. As previously outlined, there are three income-based pathways to qualify for the BOGFW. This bill increases eligibility pools under two of these existing pathways:
- Demonstrating income eligibility. BOG regulations (5 CCR §58620) establish income standards that require students (or families) to have total income in the prior year of equal or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines. In 2016, for a family of four, this amount is $36,450. This bill would require the BOG to establish an income standard of no less than three times the federal poverty level. In 2016, this amount, for a family of four, would be $72,900.
- Demonstrating need eligibility. Until 2012, the BOGFW was awarded to any student demonstrating at least $1 of financial need. In 2012, in response to a growing population of students applying for and receiving BOGFW, a policy change was made to require students to demonstrate full need for the aid awarded; $1104 based on current CCC fees. Approximately 21,000 students lost BOGFW in 2012-13 due to this change. This bill would return need eligibility to the $1 threshold.
Approximately 60% of full-time CCC students receive a BOGFW. The rationale for increasing the income limitation (#1 above) to three times the federal poverty level is unclear. The author and committee may wish to consider whether this change could inadvertently encourage students to complete a BOGFW and forgo the Free Application for Federal Student Aid (FAFSA) or Cal Grant application (which may provide students additional financial aid). Other changes in the bill (#2 above) would provide students with any need above $1 eligibility for a BOGFW.
In the absence of clear justification for doubling the income threshold for the BOGFW, committee staff recommends removing this provision.
BOGFW non-tuition award. In addition to the aforementioned changes, this bill would require the BOG to establish a need-based aid program to provide BOGFW recipients with financial resources, not to exceed $1,000 per student per year, to offset a portion of the costs of textbooks, supplies, transportation, and other living expenses. Currently, the bill does not provide guidance to the BOG in establishing this grant. Details may largely be dependent on the amount of funding available for the program; the bill is currently silent on whether funding would come from the Proposition 98 funding guarantee provided to CCC.
Committee staff recommends including a requirement that, to be eligible for the non-tuition award, students file a FAFSA. Moving forward, the author may wish to establish additional criteria such as full-time enrollment or minimum academic performance criteria. Additionally, the author may wish to clarify how this grant is intended to work with the Full-Time Success Grants funded in the 2015-16 Budget Act.
Related legislation. This bill is a part of a package of bills introduced by Assembly Members to establish a CCC Promise Program to ensure affordability and success for CCC students. Other bills in the package include: AB 1721 (Medina), pending in this Committee, which would expand the Cal Grant Program to increase aid to CCC students; and, AB 1741 (Rodriguez), pending in this Committee, to provide funds to CCC districts to implement California Promise Partnerships between school districts, California's public universities, and community stakeholders.
REGISTERED SUPPORT / OPPOSITION:
Support
California Primary Care Association
Opposition
None on File
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):