AB 2364: Public postsecondary education: community colleges: exemption from nonresident tuition.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-12
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 establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption is applicable. Existing law authorizes a community college district to exempt from all or parts of the fee a special part-time student admitted pursuant to a specified concurrent or dual enrollment program.
This bill instead would require a community college district to exempt a special part-time student, other than a nonimmigrant alien, as defined, from paying all or parts of the fee if that student is admitted pursuant to one of additionally specified concurrent or dual enrollment programs. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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 establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption is applicable. Existing law authorizes a community college district to exempt from all or parts of the fee a special part-time student admitted pursuant to a specified concurrent or dual enrollment program.
This bill instead would require a community college district to exempt a special part-time student, other than a nonimmigrant alien, as defined, from paying all or parts of the fee if that student is admitted pursuant to one of additionally specified concurrent or dual enrollment programs. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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 establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption is applicable. Existing law authorizes a community college district to exempt from all or parts of the fee a special part-time student admitted pursuant to a specified concurrent or dual enrollment program.
This bill instead would require a community college district to exempt a special part-time student, other than a nonimmigrant alien, as defined, from paying all or parts of the fee if that student is admitted pursuant to one of additionally specified concurrent or dual enrollment programs. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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 exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
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 establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. Existing law authorizes community college districts to admit nonresident students, and requires that nonresident students be charged a nonresident tuition fee unless an exemption is applicable. Existing law authorizes a community college district to exempt from all or parts of the fee a special part-time student admitted pursuant to a specified program.
This bill additionally instead would require a community college district to exempt a special part-time student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges all or parts of the fee if that student is currently a California high school pupil enrolled in a concurrent enrollment or dual enrollment program. The bill would provide that a student exempt from nonresident tuition under these provisions may be reported by a community college district as a full-time equivalent student for apportionment purposes in accordance with existing law. admitted pursuant to specified programs. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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 exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
This bill additionally would exempt a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if that student is currently a California high school student pupil enrolled in a concurrent enrollment or dual enrollment program. The bill would provide that a student exempt from nonresident tuition under these provisions may be reported by a community college district as a full-time equivalent student for apportionment purposes in accordance with existing law. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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 exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
This bill additionally would exempt a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if that student is currently a California high school student enrolled in a concurrent enrollment or dual enrollment program. Because the bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, 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.
Notwithstanding Section 76001 or any other law:
(a)The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(b)A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement.
(c)(1)The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses.
(2)The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner.
(3)A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d)A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e)A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
(f)A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g)A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupils CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001.
(h)The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011.
(i)The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j)The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k)The CCAP partnership agreement shall include a certification by the participating community college district of all of the following:
(1)A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.
(3)Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l)The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m)The CCAP partnership agreement shall specify both of the following:
(1)Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2)Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n)The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the students junior or senior year to ensure the student is prepared for college-level work upon graduation.
(o)(1)A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement.
(2)For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p)A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied:
(1)The units constitute no more than four community college courses per term.
(2)The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3)The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(r)A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment.
(s)The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.
(t)(1)For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A)The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B)The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants.
(C)The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D)The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(2)On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following:
(A)Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced.
(B)Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships.
(3)The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(u)The annual report required by subdivision (t) shall also be transmitted to all of the following:
(1)The Legislature, in compliance with Section 9795 of the Government Code.
(2)The Director of Finance.
(3)The Superintendent.
(v)A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w)The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide.
(x)Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section.
(y)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.Section 76140 of the Education Code, as amended by Section 2.5 of Chapter 576 of the Statutes of 2013, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 3.Section 76140 of the Education Code, as amended by Section 1 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:
(i)Incline Village.
(ii)Kingsbury.
(iii)Round Hill.
(iv)Skyland.
(v)Stateline.
(vi)Zephyr Cove.
(B)Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately prior to seeking the fee exemption pursuant to this paragraph.
(C)The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 76140 of the Education Code, as added by Section 2 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2022.
SEC. 5.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.
Notwithstanding Section 76001 or any other law:
(a)The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(b)A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement.
(c)(1)The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses.
(2)The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner.
(3)A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d)A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e)A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
(f)A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g)A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupils CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001.
(h)The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011.
(i)The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j)The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k)The CCAP partnership agreement shall include a certification by the participating community college district of all of the following:
(1)A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.
(3)Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l)The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m)The CCAP partnership agreement shall specify both of the following:
(1)Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2)Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n)The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the students junior or senior year to ensure the student is prepared for college-level work upon graduation.
(o)(1)A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement.
(2)For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p)A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied:
(1)The units constitute no more than four community college courses per term.
(2)The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3)The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(r)A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment.
(s)The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.
(t)(1)For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A)The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B)The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants.
(C)The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D)The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(2)On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following:
(A)Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced.
(B)Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships.
(3)The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(u)The annual report required by subdivision (t) shall also be transmitted to all of the following:
(1)The Legislature, in compliance with Section 9795 of the Government Code.
(2)The Director of Finance.
(3)The Superintendent.
(v)A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w)The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide.
(x)Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section.
(y)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.Section 76140 of the Education Code, as amended by Section 2.5 of Chapter 576 of the Statutes of 2013, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 3.Section 76140 of the Education Code, as amended by Section 1 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:
(i)Incline Village.
(ii)Kingsbury.
(iii)Round Hill.
(iv)Skyland.
(v)Stateline.
(vi)Zephyr Cove.
(B)Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately prior to seeking the fee exemption pursuant to this paragraph.
(C)The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 76140 of the Education Code, as added by Section 2 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2022.
SEC. 5.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.
Notwithstanding Section 76001 or any other law:
(a)The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(b)A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement.
(c)(1)The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses.
(2)The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner.
(3)A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d)A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e)A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
(f)A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g)A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupils CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001.
(h)The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011.
(i)The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j)The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k)The CCAP partnership agreement shall include a certification by the participating community college district of all of the following:
(1)A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.
(3)Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l)The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m)The CCAP partnership agreement shall specify both of the following:
(1)Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2)Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n)The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the students junior or senior year to ensure the student is prepared for college-level work upon graduation.
(o)(1)A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement.
(2)For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p)A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied:
(1)The units constitute no more than four community college courses per term.
(2)The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3)The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(r)A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment.
(s)The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.
(t)(1)For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A)The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B)The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants.
(C)The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D)The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(2)On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following:
(A)Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced.
(B)Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships.
(3)The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(u)The annual report required by subdivision (t) shall also be transmitted to all of the following:
(1)The Legislature, in compliance with Section 9795 of the Government Code.
(2)The Director of Finance.
(3)The Superintendent.
(v)A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w)The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide.
(x)Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section.
(y)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.Section 76140 of the Education Code, as amended by Section 2.5 of Chapter 576 of the Statutes of 2013, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 3.Section 76140 of the Education Code, as amended by Section 1 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:
(i)Incline Village.
(ii)Kingsbury.
(iii)Round Hill.
(iv)Skyland.
(v)Stateline.
(vi)Zephyr Cove.
(B)Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately prior to seeking the fee exemption pursuant to this paragraph.
(C)The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 76140 of the Education Code, as added by Section 2 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2022.
SEC. 5.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)Notwithstanding any other law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who is currently a California high school pupil enrolled in a concurrent enrollment or dual enrollment program shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges.
(b)A student exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes in accordance with existing law.
SECTION 1.Section 76004 of the Education Code is amended to read:76004.Notwithstanding Section 76001 or any other law:
(a)The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(b)A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement.
(c)(1)The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses.
(2)The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner.
(3)A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d)A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e)A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
(f)A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g)A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupils CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001.
(h)The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011.
(i)The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j)The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k)The CCAP partnership agreement shall include a certification by the participating community college district of all of the following:
(1)A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2)A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.
(3)Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l)The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m)The CCAP partnership agreement shall specify both of the following:
(1)Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2)Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n)The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the students junior or senior year to ensure the student is prepared for college-level work upon graduation.
(o)(1)A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement.
(2)For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p)A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied:
(1)The units constitute no more than four community college courses per term.
(2)The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3)The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q)The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76140, 76223, 76300, 76350, and 79121.
(r)A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment.
(s)The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.
(t)(1)For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A)The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B)The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants.
(C)The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D)The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(2)On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following:
(A)Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced.
(B)Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships.
(3)The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(u)The annual report required by subdivision (t) shall also be transmitted to all of the following:
(1)The Legislature, in compliance with Section 9795 of the Government Code.
(2)The Director of Finance.
(3)The Superintendent.
(v)A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w)The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide.
(x)Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section.
(y)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.Section 76140 of the Education Code, as amended by Section 2.5 of Chapter 576 of the Statutes of 2013, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), or (4), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001. 76001 or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3) (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
SEC. 3.Section 76140 of the Education Code, as amended by Section 1 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (4), or (6), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001. 76001 or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:
(i)Incline Village.
(ii)Kingsbury.
(iii)Round Hill.
(iv)Skyland.
(v)Stateline.
(vi)Zephyr Cove.
(B)Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately prior to seeking the fee exemption pursuant to this paragraph.
(C)The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 76140 of the Education Code, as added by Section 2 of Chapter 657 of the Statutes of 2015, is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), or (4), and shall exempt from all of the fee any person described in paragraph (4) or (5):
(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001. 76001 or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3) (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2022.
SEC. 2.SEC. 5.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(a)Notwithstanding any other law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who is currently a California high school student pupil enrolled in a concurrent enrollment or dual enrollment program shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges.
(b)A student exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes in accordance with existing law.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who is currently a California high school student enrolled in a concurrent enrollment or dual enrollment program shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 8. Page 5122.) |
| Sep 12, 2016 | Chaptered by Secretary of State - Chapter 299, Statutes of 2016. |
| Sep 12, 2016 | Approved by the Governor. |
| Aug 23, 2016 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 8.). |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 8. Page 5064.). |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 17, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 15, 2016 | Read second time. Ordered to third reading. |
| Aug 11, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR. |
| Jun 9, 2016 | Referred to Com. on ED. |
| Jun 2, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 8.) |
| Feb 18, 2016 | Read first time. To print. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 31, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | From committee: Do pass. (Ayes 15. Noes 1.) (May 27). |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 20, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| Apr 12, 2016 | In committee: Hearing postponed by committee. |
| Apr 11, 2016 | Re-referred to Com. on HIGHER ED. |
| Apr 7, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Apr 6, 2016 | Re-referred to Com. on HIGHER ED. |
| Apr 5, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 17, 2016 | Re-referred to Com. on HIGHER ED. |
| Mar 16, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 3, 2016 | Referred to Com. on HIGHER ED. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2016 | Assembly 3rd Reading AB2364 Holden By Leyva | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Jun 1, 2016 | AB 2364 HOLDEN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2016 | Do pass 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
|
|---|---|---|
| Adelante Youth Alliance | ** Support | Aug 17, 2016 |
| Association Of California Community College Administrators | ** Support | Aug 17, 2016 |
| California Coalition of Early and Middle Colleges | ** Support | Aug 17, 2016 |
| California Community Colleges Board of Governors | ** Support | Jun 1, 2016 |
| California Immigrant Policy Center | ** Support | Aug 17, 2016 |
| Chaffey Community College District | ** Support | Aug 17, 2016 |
| Children's Defense Fud - CA | ** Support | Aug 17, 2016 |
| Children's Defense Fund - CA | ** Support | Aug 17, 2016 |
| Community College League of California | ** Support | Jun 1, 2016 |
| Compton Community College District | ** Support | Aug 17, 2016 |
| Compton Unified School District | ** Support | Aug 17, 2016 |
| Dream Outreach Center, CSU Fresno | ** Support | Aug 17, 2016 |
| El Camino Community College District | ** Support | Aug 17, 2016 |
| Firebaugh-Las Deltas Unified School District | ** Support | Aug 17, 2016 |
| Foothill-DeAnza Community College District | ** Support | Aug 17, 2016 |
| Gateway to College, Contra Costa College | ** Support | Aug 17, 2016 |
| High School at Moorpark College | ** Support | Aug 17, 2016 |
| Los Angeles Community College District | ** Support | Aug 17, 2016 |
| Los Rios Community College District | ** Support | Aug 17, 2016 |
| MALDEF | ** Support | Aug 17, 2016 |
| Mexican American Legal Defense and Educational Fund | ** Support | Aug 17, 2016 |
| Movement Strategy Center | ** Support | Aug 17, 2016 |
| Napa County Office Of Education | ** Support | Jun 1, 2016 |
| North Orange County Community College District | ** Support | Aug 17, 2016 |
| Peralta Community College District | ** Support | Aug 17, 2016 |
| Riverside County Superintendent of Schools | ** Support | Aug 17, 2016 |
| San Diego Community College District | ** Support | Aug 17, 2016 |
| San Francisco Community College District | ** Support | Aug 17, 2016 |
| San Jose Evergreen Community College District | ** Support | Aug 17, 2016 |
| u None received. | ** Against | Aug 17, 2016 |
| West Sacramento Early College Prep | ** Support | Aug 17, 2016 |
| Yuba Community College District | ** Support | Aug 17, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2364
:
SENATE EDUCATION COMMITTEE: 8-0, 6/29/16
AYES: Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 64-8, 6/1/16 - See last page for vote
DIGEST: This bill requires a community college district to exempt all special part-time students, as specified, from nonresident fees and allows these students to be reported as resident full-time equivalent students (FTES) to receive associated state apportionments.
Existing law:
- Authorizes the governing board of a school district, upon recommendation of the principal of a pupil’s school and with parental consent, to authorize a student to concurrently enroll in a community college during any session or term to undertake one or more courses of instruction. Existing law prohibits a principal from recommending, more than 5% of the total number of students in the same grade level for community college summer session attendance. A community college district governing board is authorized to admit these students and requires that they be assigned a low enrollment priority in order to ensure that they do not displace regularly admitted community college students. An exemption to this requirement is extended to Middle College High School (MCHS) students. (Education Code § 48800, et seq.) (EC § 76001)
- Requires a community college to charge a tuition fee to nonresident students and also authorizes a community college district to exempt a special admit student from all or part of a nonresident student tuition fee. A district is prohibited from reporting nonresident students as FTES for state apportionment purposes except as provided by statute in which case a nonresident tuition fee may not be charged. (EC § 76140)
- Authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. Districts that participate in the program are required to exempt participating special part-time students from various fee requirements including student representation fees, nonresident fees, enrollment fees, apprenticeship course fees, and child development center fees. (EC § 76004)
- Establishes the College Promise Partnership Act until June 30, 2017, and provides for the crediting of additional units of FTES attributable to the attendance of partnership students at the community college, as specified. These special part-time and special full-time students may be admitted in any session or term of the partnership and the Long Beach Community College District is authorized to include these students for purposes of receiving state apportionment provided that no school district has received reimbursement for the same instructional activity. An evaluation of the program is due to the Legislature, by December 30, 2016. These provisions sunset in June 2017. (EC § 48810 – 48814, § 76003)
This bill:
- Requires a community college district to exempt all special part-time students from nonresident fees (other than a nonimmigrant alien, as defined by federal law).
- Allows these students to be reported as resident FTES to receive associated state apportionments.
- Makes reference to three options for admitting special part-time students, with regard to waiving nonresident fees: by a school principal recommendation, under a CCAP partnership, or under the Long Beach Promise Program.
Comments
Need for the bill. According to the author, this bill was prompted by the efforts of the Compton Unified School District to enter into a partnership agreement with the El Camino College Compton Center under the newly established dual enrollment option implemented by AB 288 (Holden, Chapter 618, Statutes of 2015), the CCAP partnership. Current law specifically requires the waiver of nonresident fees for part-time special students as a condition of the CCAP partnerships. However, according to the Chancellor’s Office, these provisions do not provide explicit authority for the CCC to claim FTES for these students. Reportedly, an element of the proposed agreement in Compton was that the school district agrees to pay the average daily attendance it receives for these students to the community college. While this appears to be a provision in other similar partnership agreements (the Long Beach Promise program, for example), the large number of nonresident students within the Compton School District appears to create a barrier to a partnership agreement that is fiscally viable for the partnering districts, jeopardizing the ability of this student community to benefit from the new CCAP provisions.
This bill responds to this situation by requiring the waiver of nonresident fees of any nonresident special part-time student that enrolls at any community college.
Current policy. In 2013, SB 150 (Lara, Chapter 575, Statutes of 2013) was enacted to authorize a California Community College (CCC) to exempt special part-time students from any nonresident tuition fees. The bill was enacted in response to varying district interpretations of their authority to serve California high school students who are nonresidents in concurrent enrollment programs. Some districts had been advised by their legal counsel that because current law allows a district to waive fees for special part-time students that they may also waive nonresident fees, while others had been advised that they have no authority to waive a nonresident fee for special part-time students. Still other districts had made the decision not to waive any fees for special part-time students, given the economic climate and severe budget cuts at the time. SB 150 clarified that CCC districts have the authority to waive these fees if they so choose.
In February 2014, the Chancellor’s Office issued guidance on the implementation of these provisions. The guidance clarifies that CCC districts are permitted to exempt nonresident special part-time students from nonresident tuition, the exemption does not apply to special full-time students, and the exemption is not intended to apply to students who would be precluded from qualifying for the AB 540 exemption (distance education enrollees or students on nonimmigrant visas). In addition the exemption does not authorize districts to claim apportionment for these students.
The Chancellor’s Office reports that the authorization granted by SB 150 and their statutory guidance appear to have addressed this issue and that districts are generally waiving these fees for nonresident special part-time students. The outstanding issue appears to be districts’ ability to claim FTES for these students, not whether these fees are being waived.
College and Career Access Pathways Act. Community college districts have several statutorily authorized means by which apportionment can be claimed for minors enrolled by the district. However, a variety of conditions must be met by CCC districts that admit special part-time students either through principal recommendation or via Early College and Middle College high school programs.
In an effort to expand the availability of dual enrollment programs to a broader range of students, AB 288 (Holden, Chapter 618, Statutes of 2015) created another category of special admit options, the College and Career Access Pathways Act. The intent of this new pathway was to serve lower achieving students in an effort to reduce remediation, increase degree completion, decrease time to degree, and stimulate interest in higher education among high school students for students who may not already be college bound or who are underrepresented in higher education. According to the sponsors of AB 288, the program was structured to authorize a model more like the Long Beach Promise that offers dual enrollment as a pathway, rather than a series of disconnected individual courses, and provide greater flexibility in the delivery of courses at the high school campus. Unlike other concurrent enrollment options, AB 288 authorized community colleges to offer courses that are closed to the general public if offered on a high school campus, to grant special admit students higher enrollment priority than currently possible, and to exceed the current 11 unit cap per semester if the student is receiving both a high school diploma and an associate’s degree. In exchange for the greater flexibility, CCAP program districts must meet a variety of requirements relative to instructors, job displacement, preserving access for adult students, and allowances and apportionments.
While districts may operate a dual enrollment partnership through an early college high school or middle college high school, they are prohibited from operating as a CCAP partnership unless they comply with the provisions established by AB 288.
ADA/ FTES within the CCAP program. The CCAP program established various requirements relative to state allowances and apportionments. Among these, it required the crediting of FTES for eligible high school students attributable to a CCC district conducting a closed course on a high school campus. It also authorized the crediting of FTES for high school students attending courses at the CCC. In both instances, however, districts are prohibited from receiving FTES or average daily attendance for the same instructional activity. This was, in part, to limit “double-dipping”, i.e. paying both the community colleges and the K-12 districts for educating the same high school student, an ongoing concern regarding dual enrollment programs generally.
In order to ensure that CCAP programs would serve a broad range of students, AB 288 required that a participating CCC district exempt special part-time students from the nonresident fee. However, the statute does not explicitly authorize the CCC district to report these students for state apportionment. As a result, it appears that, for a few CCC districts that want to partner with K-12 districts with large numbers of nonresident students, it may be economically unfeasible to do so.
Long Beach Promise Program. The Long Beach Promise Program was established in 2008 as a collaborative partnership between the Long Beach Unified School District, the Long Beach City College and the California State University at Long Beach with the general goals of increasing college preparation, college access, and ultimately college success. In 2011, SB 650 (Lowenthal, Chapter 633, Statutes of 2011) statutorily authorized the partnership and granted greater flexibility in the program’s implementation than normally allowed for dual enrollment programs as well as authorizing the crediting of FTES for these students. The statutory authority for this partnership sunsets on January 1, 2018. As previously noted, the CCAP program was based upon the Long Beach Promise Program.
Reportedly, the partnership agreement between the K-12 and community college district ensures access for all students of the K-12 district that choose to participate. In addition, given that the elements of the CCAP were based upon the Long Beach Promise Program, it is unclear whether any specific statute is necessary as it appears that the Promise Program could continue to operate as a CCAP program once its statutory authorization sunsets, if it so chooses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, the CCC estimates the cost of allowing community colleges to claim apportionment for specified students is $2.6 million. This would constitute a cost pressure as CCC enrollment funding is capped each year. The CCC estimates that 2,362 undocumented high school students living in California are enrolled in community college courses and took six units over the academic year.
It is not anticipated that CCC will experience any revenue loss due to the nonresident fee exemption as these students are unlikely to have chosen to participate in concurrent enrollment at the CCC if they would have had to pay a nonresident tuition fee of $200 per unit. (Proposition 98)
Adelante Youth Alliance
Association of California Community College Administrators
California Coalition of Early and Middle Colleges
California Immigrant Policy Center
California State Conference of the National Association for the Advancement of Colored People
Chaffey Community College District
Children’s Defense Fund – CA
Compton Community College District
Compton Unified School District
Dream Outreach Center, CSU Fresno
El Camino Community College District
Firebaugh–Las Deltas Unified School District
Foothill-DeAnza Community College District
Gateway to College, Contra Costa College
High School at Moorpark College
Los Angeles Community College District
Los Rios Community College District
Mexican American Legal Defense and Educational Fund
Middle College High School at San Bernardino Valley College
Movement Strategy Center
North Orange County Community College District
Peralta Community College District
Riverside County Superintendent of Schools
San Diego Community College District
San Francisco Community College District
San Jose Evergreen Community College District
West Sacramento Early College Prep
Yuba Community College District
OPPOSITION: (Verified 8/12/16)
None received
ASSEMBLY FLOOR: 64-8, 6/1/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Brough, Grove, Harper, Mathis, Melendez, Obernolte, Patterson
NO VOTE RECORDED: Bigelow, Dahle, Beth Gaines, Gallagher, Jones, Mayes, Wagner, Waldron
8/15/16 20:22:21
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2364 (Holden) - Public postsecondary education: community colleges: exemption from nonresident tuition
Version: April 7, 2016 | Policy Vote: ED. 8 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 1, 2016 | Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires a community college district to exempt all special part-time students, as specified, from nonresident fees and allows these students to be reported as resident full-time equivalent students (FTES) to receive associated state apportionments.
Fiscal Impact:
- The California Community Colleges (CCC) estimates the cost of allowing community colleges to claim apportionment for specified students is $2.6 million. This would constitute a cost pressure as CCC enrollment funding is capped each year. The CCC estimates that 2,362 undocumented high school students living in California are enrolled in community college courses and took 6 units over the academic year.
It is not anticipated that CCC will experience any revenue loss due to the nonresident fee exemption as these students are unlikely to have chosen to participate in concurrent enrollment at the CCC if they would have had to pay a nonresident tuition fee of $200 per unit. (Proposition 98)
Background:
Community college districts have several statutorily authorized means by which state apportionment can be claimed for minors enrolled by the district provided conditions are met for each respective program. This bill relates to three of these options: admitting special part-time students by a school principal recommendation, under a College and Career Access Pathways (CCAP) partnership, or under the Long Beach Promise Program.
Existing law authorizes the governing board of a school district, upon recommendation of the principal of a student’s school and with parental consent, to authorize a student to concurrently enroll in a community college to take one or more courses of instruction. A community college is required to be credited with the attendance of these students for state apportionments, only if those students are enrolled in community college classes that meet specified criteria, such as being open to the public. (Education Code § 48800, et seq.) (EC § 76002)
The intent of the CCAP Act is to serve lower achieving students in an effort to reduce remediation, increase degree completion, decrease time to degree, and stimulate interest in higher education among high school students for students who may not already be college bound or who are underrepresented in higher education. The CCAP program established various requirements relative to state allowances and apportionments. Among these, it requires the crediting of FTES for eligible high school students attributable to a CCC district conducting a closed course on a high school campus. It also authorized the crediting of FTES for high school students attending courses at the CCC. In both instances, however, the community college is prohibited from receiving FTES if the school district has received reimbursement for the same instructional activity.
The Long Beach Promise Program was established in 2008, and sunsets June 30, 2017, as a collaborative partnership between the Long Beach Unified School District, the Long Beach City College, and the California State University at Long Beach with the general goals of increasing college preparation, college access, and ultimately college success. Long Beach Community College District is authorized to include these special part-time and special full-time students for purposes of receiving state apportionment (FTES) provided that no school district has received reimbursement for the same instructional activity.
Existing law requires a community college to charge a tuition fee to nonresident students and also authorizes a community college district to exempt a special admit student from all or part of a nonresident student tuition fee. A district is prohibited from reporting nonresident students as FTES for state apportionment purposes except as specifically provided by statute in which case a nonresident tuition fee may not be charged. (EC § 76140) Current law does not cover special part-time students. This bill requires nonresident special part-time students to be exempt from nonresident fees and authorizes community colleges to report these students as resident FTES for state apportionment purposes.
Proposed Law:
This bill requires a community college district to exempt all special part-time students from nonresident fees (other than a nonimmigrant alien, as defined by federal law) and allows these students to be reported as resident FTES to receive associated state apportionments.
With regard to waiving nonresident fees, this bill specifically makes reference to three options for admitting special part-time students: (1) by a school principal recommendation, (2) under a CCAP partnership, or (3) under the Long Beach Promise Program.
Related Legislation:
In 2013, SB 150 (Lara, Chapter 575, Statutes of 2013) was enacted to authorize a CCC to exempt special part-time students from any nonresident tuition fees.
Staff Comments:
This bill pertains specifically to nonresident special part-time students, or undocumented high school students living in California, and how they generate funding at the CCC. Existing law provides the authority to exempt special part-time students from nonresident tuition fees and does not provide the authority to claim FTES. This bill would require the fee exemption and provide the authority to claim FTES for state apportionment purposes.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | Holden | ||
Version: | Hearing Date: June 29, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill deletes the requirement that a community college district participating in a College and Career Access Pathways (CCAP) partnership with the governing board of a school district waive the nonresident tuition fee for special part-time students, deletes the authority of a community college governing board to waive nonresident fees for special part-time students and instead requires that a community college district exempt any special part-time student admitted, as specified, from nonresident fees.
BACKGROUND
Existing law authorizes the governing board of a school district, upon recommendation of the principal of a pupil’s school and with parental consent, to authorize a student to concurrently enroll in a community college during any session or term to undertake one or more courses of instruction. Existing law prohibits a principal from recommending, more than 5% of the total number of students in the same grade level for community college summer session attendance. A community college district governing board is authorized to admit these students and requires that they be assigned a low enrollment priority in order to ensure that they do not displace regularly admitted community college students. An exemption to this requirement is extended to Middle College High School (MCHS) students. (Education Code § 48800, et seq.) (EC § 76001)
Existing law requires a community college to charge a tuition fee to nonresident students and also authorizes a community college district to exempt a special admit student from all or part of a nonresident student tuition fee. A district is prohibited from reporting nonresident students as full-time equivalent students (FTES) for state apportionment purposes except as provided by statute in which case a nonresident tuition fee may not be charged. (EC § 76140)
Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. Districts that participate in the program are required to exempt participating special part-time students from various fee requirements including student representation fees, nonresident fees, enrollment fees, apprenticeship course fees, and child development center fees. (EC § 76004)
Existing law also establishes the College Promise Partnership Act until June 30, 2017, and provides for the crediting of additional units of full-time equivalent students (FTES) attributable to the attendance of partnership students at the community college, as specified. These special part-time and special full-time students may be admitted in any session or term of the partnership and the Long Beach Community College District is authorized to include these students for purposes of receiving state apportionment (FTES) provided that no school district has received reimbursement for the same instructional activity. An evaluation of the program is due to the Legislature, by December 30, 2016. These provisions are sunset in June 2017.
(EC § 48810 – 48814, § 76003)
ANALYSIS
This bill:
- Deletes the requirement that a community college district participating in a College and Career Access Pathways (CCAP) partnership waive the nonresident tuition fee for special part-time students that enroll at a community college as part of their participation in a CCAP partnership agreement.
- Deletes the authority of a California Community College (CCC) district to waive nonresident fees for special part-time students.
- Requires that a CCC district to waive nonresident fees for all special part time students (other than a nonimmigrant student, as defined by specified federal law).
STAFF COMMENTS
- Need for the bill. According to the author, this bill was prompted by the efforts of the Compton Unified School District to enter into a partnership agreement with the El Camino College Compton Center under the newly established dual enrollment option implemented by AB 288 (Holden, Chapter 618, Statutes of 2015), the College and Career Access Pathways (CCAP) partnership. Current law specifically requires the waiver of nonresident fees for part-time special students as a condition of the CCAP partnerships. However, according to the Chancellor’s Office, these provisions do not provide explicit authority for the CCC to claim FTES for these students. ReportedIy, an element of the proposed agreement in Compton was that the school district agrees to pay the average daily attendance it receives for these students to the community college. While this appears to be a provision in other similar partnership agreements (the Long Beach Promise program, for example), the large number of nonresident students within the Compton School District appears to create a barrier to a partnership agreement that is fiscally viable for the partnering districts, jeopardizing the ability of this student community to benefit from the new CCAP provisions.
This bill responds to this situation by requiring the waiver of nonresident fees of any nonresident special part-time student that enrolls at any community college.
- Current policy. In 2013, SB 150 (Lara, Chapter 575, Statutes of 2013) was enacted to authorize a California Community College (CCC) to exempt special part-time students from any nonresident tuition fees. The bill was enacted in response to varying district interpretations of their authority to serve California high school students who are nonresidents in concurrent enrollment programs. Some districts had been advised by their legal counsel that because current law allows a district to waive fees for special part-time students that they may also waive nonresident fees, while others had been advised that they have no authority to waive a nonresident fee for special part-time students. Still other districts had made the decision not to waive any fees for special part-time students, given the economic climate and severe budget cuts at the time. SB 150 clarified that CCC districts have the authority to waive these fees if they so choose.
In February 2014, the Chancellor’s Office issued guidance on the implementation of these provisions. The guidance clarifies that CCC districts are permitted to exempt nonresident special part-time students from nonresident tuition, the exemption does not apply to special full-time students, and the exemption is not intended to apply to students who would be precluded from qualifying for the AB 540 exemption (distance education enrollees or students on nonimmigrant visas). In addition the exemption does not authorize districts to claim apportionment for these students.
The Chancellor’s Office reports that the authorization granted by SB 150 and their statutory guidance appear to have addressed this issue and that districts are generally waiving these fees for nonresident special part-time students. The outstanding issue appears to be districts’ ability to claim FTES for these students, not whether these fees are being waived.
Staff recommends the bill be amended to delete sections 2 and 3 from the bill.
- College and Career Access Pathways Act. Community college districts have several statutorily authorized means by which apportionment can be claimed for minors enrolled by the district. However, a variety of conditions must be met by CCC districts that admit special part-time students either through principal recommendation or via Early College and Middle College high school programs.
In an effort to expand the availability of dual enrollment programs to a broader range of students, AB 288 (Holden, Chapter 618, Statutes of 2015) created another category of special admit options, the College and Career Access Pathways Act. The intent of this new pathway was to serve lower achieving students in an effort to reduce remediation, increase degree completion, decrease time to degree, and stimulate interest in higher education among high school students for students who may not already be college bound or who are underrepresented in higher education. According to the sponsors of AB 288, the program was structured to authorize a model more like the Long Beach Promise that offers dual enrollment as a pathway, rather than a series of disconnected individual courses, and provide greater flexibility in the delivery of courses at the high school campus. Unlike other concurrent enrollment options, AB 288 authorized community colleges to offer courses that are closed to the general public if offered on a high school campus, to grant special admit students higher enrollment priority than currently possible, and to exceed the current 11 unit cap per semester if the student is receiving both a high school diploma and an associate’s degree. In exchange for the greater flexibility, College and Career Access Pathways (CCAP) program districts must meet a variety of requirements relative to instructors, job displacement, preserving access for adult students, and allowances and apportionments.
While districts that operate a dual enrollment partnership through an early college high school, middle college high school, or a California Career Pathways Trust may continue to operate as they have previously, they are prohibited from operating as a CCAP partnership unless they comply with the provisions established by AB 288.
- ADA/ FTES within the CCAP program. The CCAP program established various requirements relative to state allowances and apportionments. Among these, it required the crediting of full-time equivalent students (FTES) for eligible high school students attributable to a California Community College (CCC) district conducting a closed course on a high school campus. It also authorized the crediting of FTES for high school students attending courses at the CCC. In both instances, however, districts are prohibited from receiving FTES or average daily attendance for the same instructional activity. This was, in part, to limit “double-dipping”, i.e. paying both the community colleges and the K-12 districts for educating the same high school student, an ongoing concern regarding dual enrollment programs generally.
In order to ensure that CCAP programs would serve a broad range of students, AB 288 required that a participating CCC district exempt special part-time students from the nonresident fee. However, the statute does not explicitly authorize the CCC district to report these students for state apportionment. As a result, it appears that, for a few CCC districts that want to partner with K-12 districts with large numbers of nonresident students, it may be economically unfeasible to do so.
However, should this issue be addressed by endorsing a policy that could expand the potential for “double dipping”?
Staff recommends the bill be amended to reinstate the requirement that the nonresident tuition/fees be waived for a special part student participating in a CCAP program, and clarify that, subject to the conditions outlined in 76004(r) and (s), a nonresident special admit student participating in a CCAP program may be reported as FTES for state apportionment purposes.
- Long Beach Promise Program. The Long Beach Promise Program was established in 2008 as a collaborative partnership between the Long Beach Unified School District (LBUSD), the Long Beach City College (LBCC) and the California State University at Long Beach (CSULB) with the general goals of increasing college preparation, college access, and ultimately college success. In 2011, SB 650 (Lowenthal, Chapter 633, Statutes of 2011) statutorily authorized the partnership and granted greater flexibility in the program’s implementation than normally allowed for dual enrollment programs as well as authorizing the crediting of FTES for these students. The statutory authority for this partnership sunsets on January 1, 2018. As previously noted, the College and Career Access Pathways (CCAP) program was based upon the Long Beach Promise Program.
Reportedly, the partnership agreement between the K-12 and community college district ensures access for all students of the K-12 district that choose to participate. In addition, given that the elements of the CCAP were based upon the Long Beach Promise Program, it is unclear whether any specific statute is necessary as it appears that the Promise Program could continue to operate as a CCAP program once its statutory authorization sunsets, if it so chooses.
lt does not appear that the application of this bill’s provisions to the Long Beach Promise program are necessary.
SUPPORT
Adelante Youth Alliance
Association of California Community College Administrators
California Coalition of Early and Middle Colleges
California Immigrant Policy Center
California State Conference of the National Association for the Advancement of Colored People
Chaffey Community College District
Children’s Defense Fud – CA
Compton Community College District
Compton Unified School District
Compton Unified School District
Dream Outreach Center, CSU Fresno
El Camino Community College District
Firebaugh–Las Deltas Unified School District
Foothill-DeAnza Community College District
Gateway to College, Contra Costa College
High School at Moorpark College
Los Angeles Community College District
Los Rios Community College District
MALDEF
Middle College High School at San Bernardino Valley College
North Orange County Community College District
Peralta Community College District
Riverside County Superintendent of Schools
San Diego Community College District
San Francisco Community College District
San Jose Evergreen Community College District
West Sacramento Early College Prep
Yuba Community College District
OPPOSITION
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2364
Author:(Holden and Gipson)
As Amended Ver:April 7, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Higher Education | 12-0 | Medina, Bloom, Chávez, Irwin, Jones-Sawyer, Levine, Linder, Low, Olsen, Santiago, Weber, Williams | |
Appropriations | 15-1 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow |
SUMMARY: Requires California Community Colleges (CCCs) to exempt from nonresident CCC student fees undocumented high school students concurrently enrolled at CCCs, and allows districts to claim state apportionment funding for such students.
EXISTING LAW:
- Authorizes the governing board of a school district, upon recommendation of the principal of a student's school of attendance, and with parental consent, to authorize a student who would benefit from advanced scholastic or vocational work to attend a community college as a special part-time or full-time student. Additionally, current law prohibited a principal from recommending, for community college summer session attendance, more than 5% of the total number of students in the same grade level and exempted from the 5% cap a student recommended by his or her principal for enrollment in a college-level summer session course if the course in which the pupil was enrolled met specified criteria. These exemptions were repealed on January 1, 2014 (Education Code (EC) Section 48800, et seq.).
- Prohibits a pupil enrolled in a public school from being required to pay a pupil fee for participation in an educational activity; and, specifies that all of the following requirements apply to the prohibition:
- All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge;
- A fee waiver policy shall not make a pupil fee permissible;
- School districts and schools shall not establish a two-tier educational system by requiring a minimal educational standard and also offering a second, higher educational standard that pupils may only obtain via payment of a fee or purchase of additional supplies that the school district does not provide; and,
- A school district or school shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil's parents or guardians, and a school district or school shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil's parents or guardians did not or will not provide money or donations of goods or services to the school district or school (EC Section 49011).
- Specifies that a student exempt from nonresident tuition may be reported by a community college district as a Full-Time Equivalent Student (FTES) for apportionment purposes; and, exempts, as specified, California nonresidents from paying nonresident tuition at the University of California (UC), California State University (CSU), and the CCCs if they meet all of the following:
- Attended a California high school for three or more years;
- Graduated from a California high school or attained an equivalent degree;
- Registered or attended an accredited California higher education institution not before fall of the 2001-02 academic year; and,
- In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so (EC Sections 68130 and 68130.5).
- Requires the CCC Chancellor's Office to report to the Department of Finance and Legislature annually on the amount of FTES claimed by each CCC district for high school pupils enrolled in non-credit, non-degree applicable, and degree applicable courses; and provides that, for purposes of receiving state apportionments, CCC districts may only include high school students within the CCC district's report on FTES if the students are enrolled in courses that are open to the general public, as specified. Additionally, current law requires the governing board of a CCC district to assign a low enrollment priority to special part-time or full-time students in order to ensure that these students do not displace regularly admitted community college students (EC Sections 76001 and 76002).
- Authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness; and authorizes the governing board of a community college district participating in a CCAP partnership agreement to exempt special part-time students, as specified, from various fee requirements, as specified (EC Section 76004).
- Authorizes a community college district to admit and charge a tuition fee to nonresident students, except that a community college district may exempt from all or parts of the fee any person, as specified (EC 76140).
FISCAL EFFECT: According to the Assembly Appropriations Committee, the CCC Chancellor's Office indicates that undocumented AB 540 students constitute about 3 percent of total CCC enrollment. A similar proportion of total concurrent enrollment would be about 2,350 students, and assuming each student takes one course per semester yields 560 full-time equivalent student (FTES), the additional apportionment claim would total about $2.6 million annually from the General Fund-Prop. 98.
There should be no measurable loss of tuition revenue to the districts, as it is assumed that most students who would benefit from this bill would otherwise not attend a community college and pay nonresident student fees of around $200 per unit.
COMMENTS: Concurrent and dual enrollment background. According to New Directions for Community Colleges, no. 169, Spring 2015, the practice of offering college courses to high school students stems from local practice in many states and was initiated between community college districts and local school districts, but the practice proceeded without clear state policy guidelines, regulations, or direction; resulting in variation in local practice. Some states, such as Minnesota, as far back as the 1980s, were early adopters of state dual credit policies, whereby their state policies provided a framework for offering college courses to high school students and the students receiving both college and high school credit for some of their courses.
College and Career Access Pathways partnership (CCAP). Community college districts may claim FTES and state apportionment for courses given through CCAP provided that specified requirements are met. The CCAP must make reference to the following student fee prohibitions and exemptions:
- High school pupils enrolled in courses offered through a CCAP agreement shall not be assessed or charged a fee prohibited by EC Section 49011, including a fee charged to a pupil, or a pupil's parent or guardian, as a condition for course registration or for textbooks, supplies, materials, and equipment needed to participate in the course; and,
- High school pupils enrolled in courses offered through a CCAP agreement and that are properly classified as having "special part-time student" status, shall be exempt from the following community college fee requirements:
- Student representation fee;
- Nonresident tuition fee;
- Transcript fees;
- Course enrollment fees;
- Apprenticeship course fees; and,
- Child development center fees.
This measure seeks to correct a conflict in existing law whereby a community college district does not have express authority to claim state apportionment for nonresident high school students participating in a CCAP partnership.
Purpose of this measure. According to the author, this measure ensures that undocumented students are able to access concurrent enrollment programs by granting them resident tuition eligibility and that community colleges are able to claim apportionment for said students.
Two tracks? While this measure does not seek to bring clarity as to the existing two tracks for community college districts offering dual or concurrent enrollment for high school pupils, moving forward, the Legislature may wish to consider eliminating the non-CCAP track in statute.
Apportionment. Nothing in current law prohibits community college districts from choosing to admit special part-time high school students and waiving any associated tuition and fees for their enrollment. However, should community college districts be allowed to claim apportionment dollars for high school students when they have been tasked with enrollment growth, presumably of adults?
This measure may have the unintended consequence of creating an incentive for community college districts to earn more apportionment dollars by enrolling more high school students, instead of the adults it has been tasked to serve.
Related legislation. AB 2681 (O'Donnell) of the current legislative session, which was held on the Assembly Appropriations Suspense File, would have, among others, establish an incentive for districts to enter into CCAP partnerships by providing grants that may be used to offset the costs of associated activities.
AB 2758 (Gipson) of the current legislative session, which was held in the Assembly Higher Education Committee, per the request of the author, is very similar in nature to this measure.
AB 288 (Holden), Chapter 618, Statues of 2015, created, among others, the CCAP.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003242
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2364
Author:(Holden) – As Amended Ver:April 7, 2016
Policy Committee: | Higher Education | Vote: | 12 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires California Community Colleges (CCCs) to exempt from nonresident CCC student fees undocumented high school students concurrently enrolled at CCCs, and allows districts to claim state apportionment funding for such students.
FISCAL EFFECT:
The CCC Chancellor's Office indicates that undocumented AB 540 students constitute about 3% of total CCC enrollment. A similar proportion of total concurrent enrollment would be about 2,350 students, and assuming each student takes one course per semester yields 560 full-time equivalent student (FTES), the additional apportionment claim would total about $2.6 million annually. [GF-Prop 98]
There should be no measurable loss of tuition revenue to the districts, as it is assumed that most students who would benefit from this bill would otherwise not attend a community college and pay nonresident student fees of around $200 per unit.
COMMENTS:
- Background. AB 288 (Holden), Chapter 618, Statutes of 2015, authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual (K-12/CCC) enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
- Purpose. According to the author, this measure ensures that undocumented students are able to access concurrent enrollment programs by granting them resident tuition eligibility and, that community colleges are able to claim apportionment for said students.
- Related Legislation. AB 2681 (O'Donnell), pending in this committee, establishes an incentive for districts to enter into CCAP partnerships by providing planning grants that may be used to offset the costs of associated activities.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 2364 (
Author:Holden) – As Amended Ver:April 7, 2016
SUBJECT: Public postsecondary education: community colleges: exemption from nonresident tuition.
SUMMARY: Requires California Community Colleges (CCC) districts to exempt a special part-time student, other than a nonimmigrant alien, as defined, from paying all or parts of the fee if that student is admitted pursuant to one of additionally specified concurrent or dual enrollment programs.
EXISTING LAW:
- Authorizes the governing board of a school district, upon recommendation of the principal of a student’s school of attendance, and with parental consent, to authorize a student who would benefit from advanced scholastic or vocational work to attend a community college as a special part-time or full-time student. Additionally, current law prohibited a principal from recommending, for community college summer session attendance, more than 5 percent of the total number of students in the same grade level and exempted from the 5 percent cap a student recommended by his or her principal for enrollment in a college-level summer session course if the course in which the pupil was enrolled met specified criteria. These exemptions were repealed on January 1, 2014 (Education Code (EC) Section 48800, et seq.).
- Prohibits a pupil enrolled in a public school from being required to pay a pupil fee for participation in an educational activity; and, specifies that all of the following requirements apply to the prohibition:
- All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge;
- A fee waiver policy shall not make a pupil fee permissible;
- School districts and schools shall not establish a two-tier educational system by requiring a minimal educational standard and also offering a second, higher educational standard that pupils may only obtain via payment of a fee or purchase of additional supplies that the school district does not provide; and,
- A school district or school shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil’s parents or guardians, and a school district or school shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil’s parents or guardians did not or will not provide money or donations of goods or services to the school district or school (EC Section 49011).
- Specifies that a student exempt from nonresident tuition may be reported by a community college district as a Full-Time Equivalent Student (FTES) for apportionment purposes; and, exempts, as specified, California nonresidents from paying nonresident tuition at the University of California (UC), California State University (CSU), and the CCCs if they meet all of the following:
- Attended a California high school for three or more years;
- Graduated from a California high school or attained an equivalent degree;
- Registered or attended an accredited California higher education institution not before fall of the 2001-02 academic year; and,
- In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so (EC Sections 68130 and 68130.5).
- Requires the CCC Chancellor’s Office to report to the Department of Finance and Legislature annually on the amount of FTES claimed by each CCC district for high school pupils enrolled in non-credit, non-degree applicable, and degree applicable courses; and provides that, for purposes of receiving state apportionments, CCC districts may only include high school students within the CCC district’s report on FTES if the students are enrolled in courses that are open to the general public, as specified. Additionally, current law requires the governing board of a CCC district to assign a low enrollment priority to special part-time or full-time students in order to ensure that these students do not displace regularly admitted community college students (EC Sections 76001 and 76002).
- Authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness; and authorizes the governing board of a community college district participating in a CCAP partnership agreement to exempt special part-time students, as specified, from various fee requirements, as specified (EC Section 76004).
- Authorizes a community college district to admit and charge a tuition fee to nonresident students, except that a community college district may exempt from all or parts of the fee any person, as specified (EC 76140).
FISCAL EFFECT: Unknown
COMMENTS: Concurrent and dual enrollment background. According to New Directions for Community Colleges, no. 169, Spring 2015, the practice of offering college courses to high school students stems from local practice in many states and was initiated between community college districts and local school districts, but the practice proceeded without clear state policy guidelines, regulations, or direction; resulting in variation in local practice. Some states, such as Minnesota, as far back as the 1980s, were early adopters of state dual credit policies, whereby their state policies provided a framework for offering college courses to high school students and the students receiving both college and high school credit for some of their courses.
College and Career Access Pathways partnership (CCAP). Community college districts may claim FTES and state apportionment for courses given through CCAP provided that specified requirements are met. The CCAP must make reference to the following student fee prohibitions and exemptions:
- High school pupils enrolled in courses offered through a CCAP agreement shall not be assessed or charged a fee prohibited by EC Section 49011, including a fee charged to a pupil, or a pupil's parent or guardian, as a condition for course registration or for textbooks, supplies, materials, and equipment needed to participate in the course; and,
- High school pupils enrolled in courses offered through a CCAP agreement and that are properly classified as having "special part-time student" status, shall be exempt from the following community college fee requirements:
- Student representation fee;
- Nonresident tuition fee;
- Transcript fees;
- Course enrollment fees;
- Apprenticeship course fees; and,
- Child development center fees.
This measure seeks to correct a conflict in existing law whereby a community college district does not have express authority to claim state apportionment for nonresident high school students participating in a CCAP partnership.
Purpose of this measure. According to the author, this measure ensures that undocumented students are able to access concurrent enrollment programs by granting them resident tuition eligibility and that community colleges are able to claim apportionment for said students.
Two tracks? While this measure does not seek to bring clarity as to the existing two tracks for community college districts offering dual or concurrent enrollment for high school pupils, moving forward, the author may wish to consider eliminating the non-CCAP track in statute.
Apportionment. Nothing in current law prohibits community college districts from choosing to admit special part-time or full-time high school students and waiving any associated tuition and fees for their enrollment. However, should community college districts be allowed to claim apportionment dollars for high school students when they have been tasked with enrollment growth, presumably of adults?
This measure may have the unintended consequence of creating an incentive for community college districts to earn more apportionment dollars by enrolling more high school students, instead of the adults it has been tasked to serve.
Moving forward, the Committee and author may wish to determine if it is appropriate to incentivize ways for community college districts to earn more apportionment dollars, without factoring in the mission of the colleges.
Related legislation. AB 2681 (O'Donnell), which will be heard in this Committee today, would, among others, establish an incentive for districts to enter into CCAP partnerships by providing grants that may be used to offset the costs of associated activities.
AB 2758 (Gipson), which is awaiting a hearing in this Committee, is very similar in nature to this measure.
AB 288 (Holden), Chapter 618, Statues of 2015, created, among others, the CCAP.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community Colleges Board of Governors
California Coalition of Early and Middle Colleges
California Immigrant Policy Center
Community College League of California
Compton Unified School District (sponsor)
Foothill De Anza Community College District
Los Rios Community College District
Mexican American Legal Defense and Education Fund
Napa County Office of Education
Peralta Community College District
Riverside County Superintendent of Schools
San Diego Community College District
San Francisco Community College District
Yuba Community College District
Opposition
None on file.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960
Discussed in Hearing
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Bill Co-Author(s):