SB 605: Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-08
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. The bill would authorize the reporting, for apportionment purposes, of the attendance of nonresident students exempted from nonresident tuition under this bill, but would require any nonresident student thus reported for apportionment purposes to pay a per unit fee that is 3 times the amount of the fee established for residents. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)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 no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. The bill would authorize the reporting, for apportionment purposes, of the attendance of nonresident students exempted from nonresident tuition under this bill, but would require any nonresident student thus reported for apportionment purposes to pay a per unit fee that is 3 times the amount of the fee established for residents. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)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 no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. The bill would authorize the reporting, for apportionment purposes, of the attendance of nonresident students exempted from nonresident tuition under this bill, but would require any nonresident student thus reported for apportionment purposes to pay a per unit fee that is 3 times the amount of the fee established for residents. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(3)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 no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. The bill would authorize the reporting, for apportionment purposes, of the attendance of nonresident students exempted from nonresident tuition under this bill, but would require any nonresident student thus reported for apportionment purposes to pay a per unit fee that is 3 times the amount of the fee established for residents. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)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.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)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.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providing Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Nevada colleges Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(1)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, including the Lake Tahoe Community College District, 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.
This bill would exempt from the nonresident tuition fee students who attend Lake Tahoe Community College and who have residence in one of several designated communities in Nevada, as provided. The bill would require the governing board of the Lake Tahoe Community College District to adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. These provisions would become inoperative on July 1, 2022, and would be repealed on January 1, 2023.
By imposing new duties on the Lake Tahoe Community College District, the bill would create a state-mandated local program.
(2)This bill would make a legislative finding and declaration as to the necessity of a special statute for the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
(3)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.
(4)This bill would declare that it would not become operative unless, on or before July 1, 2021, the Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providing reciprocal rights to California residents attending Nevada colleges that reasonably conform to the benefits conferred upon Nevada residents by this bill.
(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 (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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), (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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(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) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that, in a manner that is consistent with subdivision (a) of Section 66801 of the Education Code, provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The Chancellor of the California Community Colleges shall promptly post notice of this interstate attendance agreement on the Internet Web site of the California Community Colleges.
(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 (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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), (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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(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) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that, in a manner that is consistent with subdivision (a) of Section 66801 of the Education Code, provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The Chancellor of the California Community Colleges shall promptly post notice of this interstate attendance agreement on the Internet Web site of the California Community Colleges.
(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 (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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), (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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(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) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that, in a manner that is consistent with subdivision (a) of Section 66801 of the Education Code, provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The Chancellor of the California Community Colleges shall promptly post notice of this interstate attendance agreement on the Internet Web site of the California Community Colleges.
(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 (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) 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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(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) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that, in a manner that is consistent with subdivision (a) of Section 66801 of the Education Code, provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The Chancellor of the California Community Colleges shall promptly post notice of this interstate attendance agreement on the Internet Web site of the California Community Colleges.
(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 (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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 College 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), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(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 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) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providing Board of Governors of the California Community Colleges enters into an interstate attendance agreement with the Nevada System of Higher Education that, in a manner that is consistent with subdivision (a) of Section 66801 of the Education Code, provides reciprocal rights to California residents attending Nevada colleges Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The chancellor Chancellor of the California Community Colleges shall promptly post this determination notice of this interstate attendance agreement on the Internet Web site of the California Community Colleges.
(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), (4), or (6), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(6)(A)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 College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or (5) (3), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(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. 2.Section 76140 is added to the Education Code, 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 (4), and shall exempt from all of the fee any person described in paragraph (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 admitted pursuant to Section 76001.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance.
(F)Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible.
(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.
(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.
(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.
(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)An amount not to exceed the fee established by the governing board of any contiguous district.
(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3) or (5) 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. 3.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Lake Tahoe Community College District with respect to students who reside in nearby communities located in Nevada.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act shall not become operative unless, on or before July 1, 2021, the Chancellor of the California Community Colleges determines that the State of Nevada has enacted a statute providing reciprocal rights to California residents attending Nevada colleges that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act. The chancellor shall promptly post this determination on the Internet Web site of the California Community Colleges.
|
Date
|
Status
|
|---|---|
| Sep 9, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 4, 2015 | Read third time. Passed. (Ayes 39. Noes 0. Page 1331.) Ordered to the Assembly. |
| Jun 4, 2015 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| Jun 18, 2015 | Referred to Com. on HIGHER ED. |
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jul 15, 2015 | From committee: Do pass as amended. (Ayes 15. Noes 1.) (July 15). |
| Jul 16, 2015 | Read second time and amended. Ordered to second reading. |
| Aug 17, 2015 | Read second time. Ordered to third reading. |
| Sep 9, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 4, 2015 | In Assembly. Read first time. Held at Desk. |
| Sep 9, 2015 | Read third time. Passed. (Ayes 76. Noes 4. Page 3028.) Ordered to the Senate. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2676.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 15, 2015 | Enrolled and presented to the Governor at 9:30 a.m. |
| Oct 8, 2015 | Approved by the Governor. |
| Oct 8, 2015 | Chaptered by Secretary of State. Chapter 657, Statutes of 2015. |
| Apr 28, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 723.) (April 22). |
| Mar 2, 2015 | From printer. May be acted upon on or after April 1. |
| Mar 2, 2015 | Read first time. |
| Mar 12, 2015 | Referred to Com. on ED. |
| Mar 20, 2015 | Set for hearing April 8. |
| Mar 26, 2015 | April 8 set for first hearing canceled at the request of author. |
| Apr 2, 2015 | Set for hearing April 15. |
| Apr 7, 2015 | April 15 set for second hearing canceled at the request of author. |
| Apr 10, 2015 | Set for hearing April 22. |
| Feb 27, 2015 | Introduced. To Com. on RLS. for assignment. To print. |
| Apr 29, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| May 8, 2015 | Set for hearing May 18. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1157.) (May 28). |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 28). |
| Jun 2, 2015 | Read second time and amended. Ordered to third reading. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | Unfinished Business SB605 Gaines Concurrence | Senate Floor |
Passed |
|
| Sep 9, 2015 | SB 605 Gaines Senate Third Reading By BONILLA | Assembly Floor |
Passed |
|
| Jul 15, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
|
| Jun 4, 2015 | Senate 3rd Reading SB605 Gaines | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on 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
|
|---|---|---|
| Alling & Jillson, LTD. | ** Support | Jul 15, 2015 |
| California Community Colleges Chancellors Office, | ** Support | Jul 15, 2015 |
| Community College League of California | ** Support | Jul 15, 2015 |
| Feldman McLaughlin Thiel, LLP | ** Support | Jul 15, 2015 |
| Heavenly Lake Tahoe | ** Support | Jul 15, 2015 |
| Lake Tahoe Community College | * Indeterminate | Apr 22, 2015 |
| Lake Tahoe Community College District | ** Support | Jul 15, 2015 |
| Lake Tahoe Community College Foundation Board | ** Support | Jun 4, 2015 |
| Lake Tahoe Regional Fire Chiefs Association | ** Support | Apr 22, 2015 |
| Lake Tahoe South Shore Chamber of Commerce | ** Support | Jul 15, 2015 |
| Meeks Bay Fire Protection District | ** Support | Apr 22, 2015 |
| Tahoe Community College District | * Support | Jul 15, 2015 |
| Tahoe Mountain Lab | ** Support | Jun 4, 2015 |
| u None received. | ** Against | Apr 22, 2015 |
SB 605
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 605
Amended: 7/16/15
SENATE EDUCATION COMMITTEE: 9-0, 4/22/15
AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 39-0, 6/4/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Hueso
ASSEMBLY FLOOR: 76-4, 9/9/15 - See last page for vote
SUBJECT: Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District
DIGEST: This bill, until July 1, 2022; (1) exempts up to 200 students in any academic year from paying non-resident tuition fees if they attend the Lake Tahoe Community College (LTCC) and reside in specified communities in the State of Nevada, and; (2) permits the LTCC to count these persons as resident full-time equivalent students (FTES) for purposes of determining California apportionment funding. This bill makes these provisions contingent upon the Board of Governors of the California Community Colleges (CCC) entering into an interstate attendance agreement with the Nevada System of Higher Education providing reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits extended to Nevada residents by this bill’s provisions.
Assembly Amendments declare that no reimbursement for mandated costs is required by this bill’s provisions as the legislative authority established by this bill is being requested by the local district.
Existing law:
Authorizes a community college district (CCD) to admit non-resident students and requires that these students be charged a tuition fee that is twice the amount of the fee established for in-state resident students, with certain specified exemptions. State statute prescribes a formula for the calculation of the non-resident fee. Beginning July 1, 2013, state law requires the non-resident tuition fee be increased to a level that is three times the amount of the fee established for in-state resident students.
Prohibits non-resident students from being reported as FTES for state apportionment purposes, except where (a) the CCD has less than 1500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or (b) if a CCD has between 1501 and 3000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, they can claim up to 100 FTES for state apportionment purposes. (Education Code § 76140)
Authorizes the Board of Governors of the CCC to enter into an interstate attendance agreement with any statewide pubic agency of another state that is responsible for public institutions of postsecondary education providing the first two years of college instruction, and that is an agency of a state that is a member of Western Interstate Commission for Higher Education (WICHE). (Education Code § 66801)
This bill exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend the LTCC. More specifically, it:
Exempts up to 200 students in any academic year who attend LTCC from being charged non-resident student tuition fees if they reside in one of the following communities in Nevada:
Incline Village.
Kingsbury.
Round Hill.
Skyland.
Stateline.
Zephyr Cove.
Deems a student to have residence in one of the communities listed above if they lived in that community for more than one year immediately prior to seeking the fee exemption.
Requires the LTCC to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes the LTCC to report the non-resident students who are exempt from paying non-resident fees pursuant to this bill’s provisions as resident FTES for state apportionment purposes.
Requires any non-resident students reported as resident FTES for apportionment purposes under these provisions to pay a per unit fee that is three times the amount of the fee established for residents, consistent with existing law.
Sunsets these provisions on July 1, 2022.
Declares that no reimbursement for mandated costs is required because the only costs that may be incurred by the district are the result of a program for which legislative authority was requested by the district.
Makes these provisions operative only if, by July 1, 2021:
The Board of Governors enters into an interstate attendance agreement with the Nevada System of Higher Education.
The agreement provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada resident by this bill’s provisions.
Requires the Chancellor of the CCC to promptly post notice of the interstate attendance agreement on the CCC Internet website.
Comments
Need for the bill. According to the author, this bill is intended to respond to the concerns raised regarding similar legislation (introduced in prior sessions) to ensure that Nevada students residing in close proximity to California can attend CCCs without being compelled to pay non-resident tuition. This bill, unlike the prior bill, establishes a six-year pilot program, limits its provisions to Lake Tahoe Community College and specified Nevada communities, caps the total number of students that may be exempted from non-resident tuition, and makes the pilot program contingent upon California residents being provided reciprocal rights by the State of Nevada.
Reciprocity, a mutual exchange of interests, no longer exists with Nevada. According to the Legislative Analyst Office, in August 2011, the State of Nevada terminated the "Good Neighbor" tuition agreement that allowed California students from designated counties to attend Nevada colleges at significantly reduced non-resident tuition rates. Under this agreement, Nevada students were also able to enroll in the CCC (specifically, Lassen, Feather River, Lake Tahoe, Palo Verde, Siskiyou and Barstow) without having to pay full non-resident tuition.
Effective, November 2011, California students enrolling for the first time in Nevada colleges were charged the full non-resident tuition and all the CCC were required to charge non-resident tuition for Nevada residents enrolling for the first time in California, effectively ending the ability of the CCC to provide exemptions for Nevada students. From 1992 through 2011, California and Nevada had a "Good Neighbor" agreement (reciprocity) in place.
Related Nevada activity. In March 2015, the Nevada legislature introduced
SB 414 (Setelmayer) which encourages the Regents of the University of Nevada to authorize waivers of non-resident tuition to certain residents of the Lake Tahoe Basin. Notwithstanding the proposed legislation, the setting of fees and tuition, including general policies, is under the jurisdiction of the Nevada Higher Education System (NHES) Board of Regents in Nevada. According to the Chancellor of the NHES Board of Regents, in March 2014 the Board adopted a policy that authorizes an individual campus to bring forth a tuition discount program if it chooses. Title 4, Chapter 17, Section 13 establishes the following policy regarding tuition or registration fee discounts:
NHES institutions may bring forward for Board approval tuition and/or registration fee discounts. Proposals for such discounts must be accompanied by documentation justifying the discount based on the goals of the institution and any related market considerations, including the ability to compete with other non-NSHE institutions. Institutions may be required to report periodically on approved tuition or registration fee discounts upon request of the Chancellor or the Board.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, if 200 Nevada residents enroll, this bill will result in additional net costs of about $113,000 from the General Fund (Proposition 98) annually.
None received
None received
ASSEMBLY FLOOR: 76-4, 9/9/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Wilk, Williams, Wood, Atkins
NOES: Gonzalez, Gordon, McCarty, Weber
Prepared by: Kathleen Chavira / ED. / (916) 651-4105
9/9/15 19:34:33
**** END ****
SB 605
Page 3
SENATE THIRD READING
SB 605
(Gaines)
As Amended July 16, 2015
Majority vote
SENATE VOTE: 39-0
Committee |
Votes |
Ayes |
Noes |
Higher Education |
12-0 |
Medina, Baker, Bloom, Chávez, Harper, Irwin, Jones-Sawyer, Levine, Linder, Low, Santiago, Williams |
|
Appropriations |
15-1 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Jones, Quirk, Rendon, Wagner, Wood |
Weber |
SUMMARY: Exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend the one California Community College (CCC) within the Lake Tahoe Community College (LTCC) District (LTCCD). Specifically, this bill:
Exempts up to 200 students in any academic year who attend LTCC from being charged non-resident student tuition fees if they reside in one of the following communities in the state of Nevada:
Incline Village;
Kingsbury;
Round Hill;
Skyland;
Stateline; and,
Zephyr Cove.
Deems a student to have residence in one of the communities, as specified above, if he/she lived in said community for more than one year immediately prior to seeking the fee exemption.
Requires the governing board of LTCCD to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes LTCCD to report the non-resident students who are exempt from paying non-resident fees, as specified, as resident full-time equivalent students (FTES) for state apportionment purposes.
Requires any non-resident students reported as resident FTES for apportionment purposes, as specified, to pay a per unit fee that is three times the amount of the fee established for residents, consistent with existing law.
Specifies that no reimbursement is required by this act pursuant to California Constitution Article XIII B, Section 6.
Sunsets these provisions on July 1, 2022.
Makes the provisions of this measure operative only if, by July 1, 2021, the following occurs:
The CCC Board of Governors (BOG) enters into an interstate attendance agreement with the Nevada System of Higher Education; and,
The agreement provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by the provisions of this measure.
Requires the CCC Chancellor to promptly post notice of the interstate attendance agreement on the CCC Internet Web site.
EXISTING LAW:
Authorizes the CCC BOG to enter into an interstate attendance agreement with any statewide pubic agency of another state that is responsible for public institutions of postsecondary education providing the first two years of college instruction, and that is an agency of a state that is a member of Western Interstate Commission for Higher Education (WICHE) (Education Code Section 66801).
Authorizes a community college district (CCD) to admit nonresident students; requires that said students be charged a tuition fee that, as of July 1, 2013, is three times the amount of the fee established for in-state resident students, with certain specified exemptions; and, prohibits nonresident students from being reported as FTES for state apportionment purposes, except where: a) the CCD has less than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or b) if a CCD has between 1,501 and 3,000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, they can claim up to 100 FTES for state apportionment purposes (Education Code Section 76140).
FISCAL EFFECT: According to the Assembly Appropriations Committee, additional General Fund (Prop 98) costs of about $113,000 annually. This assumes 200 Nevada residents are enrolled and equates to 80 FTES--the same ratio of enrollment/FTES as current LTCCD enrollment. This amount of FTES would generate $378,000 of state apportionment funding (at the 2015-16 per FTES credit rate) and $265,000 in fee revenue, for a net Prop 98 cost of $113,000.
COMMENTS: Need for the measure. According to the author, "Current law does not recognize the seamless, regional economy that is the Lake Tahoe Basin, and works against sustainable prosperity on the California side by choking off educational opportunities for students who live on the Nevada side." The author contends that by making LTCC more affordable to a limited number of Nevada students who live close to the college, "California can better serve more students who are seeking to improve their academic or career skills and ultimately contribute to the economic and social health of the region.
Lake Tahoe Community College District (LTCCD). The LTCCD is a district with more than 1,500 but less than 3,001 FTES and is less than 10 miles from the State of Nevada. However, in order to qualify for the exemption provided by Education Code Section 76140(i), there must be a reciprocity agreement between California and Nevada governing student attendance and fees.
LTCCD lies on the border of Nevada. Populations on both sides of the border are closely integrated in various ways, including education. Historically, LTCCD enrolled Nevada residents and exempted them from nonresident tuition fees under an interstate agreement known as a “Good Neighbor Policy (GNP)." However, on September 1, 2011, the State of Nevada terminated this long-standing interstate attendance agreement with the CCC BOG. Thus, since 2011, there has not been a statewide agreement between Nevada and California regarding community college attendance and tuition.
Western Interstate Commission for Higher Education (WICHE). California and Nevada, along with a number of other states, participate in WICHE. WICHE oversees three student reciprocal exchange programs allowing students to attend out of state universities at a reduced rate. However, the CCC system is not participants in the Western Undergraduate Exchange, the WICHE exchange program serving undergraduates.
Reciprocity agreement. Reciprocity agreements allow the flow of tangible economic and educational benefits to citizens of California and Nevada. The absence of a GNP or reciprocity agreement shifts the total burden of paying for these benefits to California residents.
According to the CCC Chancellor's Office (CCCCO), the Tahoe Basin is a single economy; "divided by a political boundary" that has little meaning to the people in the region. Many people in the region live in one state and work in the other. The CCCCO contends that for many Nevada residents, crossing the state line to attend LTCC, which is situated 3.3 miles from the California/Nevada border, is the most efficient means of completing their college education. To note, according to the LTCCD, the next nearest public institution of higher education is 25 miles away in Nevada; an hour drive through mountainous terrain or basically impossible in severe winter weather conditions.
Additionally, Nevada SB 414 (Settelmeyer), (Chapter 380), which was signed into law on June 5, 2015, encourages the Board of Regents of the University of Nevada to enter into a reciprocal agreement with the State of California in order to authorize waivers of nonresident tuition to certain residents of the Lake Tahoe Basin. According to the LTCCD, the Chancellor of the Nevada System of Higher Education has agreed to negotiate a GNP with the State of California, if this measure is enacted into law.
To note, the provisions of this bill become operative only if, by July 1, 2021, the appropriate entities enter into a reciprocity agreement and residents of both states benefit from the agreement.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0001331
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 605
(Gaines) – As Amended June 2, 2015
Policy Committee: |
Higher Education |
Vote: |
12 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill, as proposed to be amended, until July 1, 2022, exempts persons in specified communities within the State of Nevada (in the Lake Tahoe basin) from paying non-resident fees if they attend Lake Tahoe Community College. Specifically, this bill:
Limits the exemption to 200 students in any academic year and authorizes the Lake Tahoe Community College District (LTCCD) to claim these students as resident full-time equivalent students (FTES) for state apportionment purposes.
Requires any of the non-resident students reported as resident FTES for apportionment purposes to pay a per unit fee, consistent with current law, which is three times the fee amount established for residents.
Requires the governing board of the LTCCD to adopt rules for determining a student's residence classification, including procedures to appeal and review such determinations.
Makes the above provisions operative only if, by July 1, 2021:
The California Community College Board of Governors enters into an interstate attendance agreement with the Nevada System of Higher Education; and,
The agreement provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by the provisions of this measure.
FISCAL EFFECT:
Additional General Fund (Prop 98) costs of about $113,000 annually. This assumes 200 Nevada residents are enrolled and equates to 80 FTES--the same ratio of enrollment/FTES as current LTCCD enrollment. This amount of FTES would generate $378,000 of state apportionment funding (at the 2015-16 per FTES credit rate) and $265,000 in fee revenue, for a net Prop 98 cost of $113,000.
COMMENTS:
Background. Current law authorizes a community college district (CCD) to admit nonresident students, who are charged a tuition fee three times the amount of the fee established for in-state resident students, and, prohibits nonresident students from being reported as FTES for state apportionment purposes, except where: a) the CCD has less than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or b) if a CCD has between 1,501 and 3,000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, the district can claim up to 100 FTES for state apportionment purposes.
Purpose. According to the author, "Current law does not recognize the seamless, regional economy that is the Lake Tahoe Basin, and works against sustainable prosperity on the California side by choking off educational opportunities for students who live on the Nevada side." The author contends making LTCC more affordable to a limited number of Nevada students who live close to the college will benefit the region's economy.
The LTCCD is a district with more than 1,500 but less than 3,001 FTES and is less than 10 miles from the State of Nevada. Historically, LTCCD enrolled Nevada residents and exempted them from nonresident tuition fees under an interstate attendance agreement known as a “Good Neighbor Policy (GNP)." However, on September 1, 2011, the State of Nevada terminated this agreement.
Last month, however, legislation enacted in Nevada encourages the Board of Regents of the University of Nevada to enter into a reciprocal agreement with the State of California in order to authorize waivers of nonresident tuition to certain residents of the Lake Tahoe Basin. According to the LTCCD, the Chancellor of the Nevada System of Higher Education has agreed to negotiate a GNP with the State of California, if SB 605 is enacted. The provisions of SB 605 would only be operative with such an agreement.
Amendment. Since this legislation is requested by the district, the amendment adds a standard mandate disclaimer to avoid any state exposure to reimburse the district for the district's duties under the bill.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 605
Page 4
Date of Hearing: July 7, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
SB 605
(Gaines) – As Amended June 2, 2015
SENATE VOTE: 39-0
SUBJECT: Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District.
SUMMARY: Exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend the one California Community College (CCC) within the Lake Tahoe Community College (LTCC) District (LTCCD). Specifically, this bill:
Exempts up to 200 students in any academic year who attend LTCC from being charged non-resident student tuition fees if they reside in one of the following communities in the state of Nevada:
Incline Village;
Kingsbury;
Round Hill;
Skyland;
Stateline; and,
Zephyr Cove.
Deems a student to have residence in one of the communities, as specified above, if he/she lived in said community for more than one year immediately prior to seeking the fee exemption.
Requires the governing board of LTCCD to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes LTCCD to report the non-resident students who are exempt from paying non-resident fees, as specified, as resident full-time equivalent students (FTES) for state apportionment purposes.
Requires any non-resident students reported as resident FTES for apportionment purposes, as specified, to pay a per unit fee that is three times the amount of the fee established for residents, consistent with existing law.
Sunsets these provisions on July 1, 2022.
Makes the provisions of this measure operative only if, by July 1, 2021, the following occurs:
The CCC Board of Governors (BOG) enters into an interstate attendance agreement with the Nevada System of Higher Education; and,
The agreement provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by the provisions of this measure.
Requires the CCC Chancellor to promptly post notice of the interstate attendance agreement on the CCC Internet Web site.
EXISTING LAW:
Authorizes the CCC BOG to enter into an interstate attendance agreement with any statewide pubic agency of another state that is responsible for public institutions of postsecondary education providing the first two years of college instruction, and that is an agency of a state that is a member of Western Interstate Commission for Higher Education (WICHE) (Education Code Section 66801).
Authorizes a community college district (CCD) to admit nonresident students; requires that said students be charged a tuition fee that, as of July 1, 2013, is three times the amount of the fee established for in-state resident students, with certain specified exemptions; and, prohibits nonresident students from being reported as FTES for state apportionment purposes, except where: a) the CCD has less than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or b) if a CCD has between 1,501 and 3,000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, they can claim up to 100 FTES for state apportionment purposes (EC Section 76140).
FISCAL EFFECT: According to the Senate Appropriations Committee, costs to the state of up to $136,000 Proposition 98 General Fund (net of tuition fee revenue and state apportionment costs). To note, this estimate assumes that 200 students equates to 100 FTES taking 24 semester units per year, and that these students pay a per unit fee that is three times the amount of the fee established for residents.
COMMENTS: Need for the measure. According to the author, "Current law does not recognize the seamless, regional economy that is the Lake Tahoe Basin, and works against sustainable prosperity on the California side by choking off educational opportunities for students who live on the Nevada side." The author contends that by making LTCC more affordable to a limited number of Nevada students who live close to the college, "California can better serve more students who are seeking to improve their academic or career skills and ultimately contribute to the economic and social health of the region.
Lake Tahoe Community College District (LTCCD). The LTCCD is a district with more than 1,500 but less than 3,001 FTES and is less than 10 miles from the State of Nevada. However, in order to qualify for the exemption provided by Education Code Section 76140(i), there must be a reciprocity agreement between California and Nevada governing student attendance and fees.
LTCCD lies on the border of Nevada. Populations on both sides of the border are closely integrated in various ways, including education. Historically, LTCCD enrolled Nevada residents and exempted them from nonresident tuition fees under an interstate agreement known as a “Good Neighbor Policy (GNP)." However, on September 1, 2011, the State of Nevada terminated this long-standing interstate attendance agreement with the CCC BOG. Thus, since 2011, there has not been a statewide agreement between Nevada and California regarding community college attendance and tuition.
Western Interstate Commission for Higher Education (WICHE). California and Nevada, along with a number of other states, participate in WICHE. WICHE oversees three student reciprocal exchange programs allowing students to attend out of state universities at a reduced rate. However, the CCC system is not participants in the Western Undergraduate Exchange, the WICHE exchange program serving undergraduates.
Reciprocity agreement. Reciprocity agreements allow the flow of tangible economic and educational benefits to citizens of California and Nevada. The absence of a GNP or reciprocity agreement shifts the total burden of paying for these benefits to California residents.
According to the CCC Chancellor's Office (CCCCO), the Tahoe Basin is a single economy; "divided by a political boundary" that has little meaning to the people in the region. Many people in the region live in one state and work in the other. The CCCCO contends that for many Nevada residents, crossing the state line to attend LTCC, which is situated 3.3miles from the California/Nevada border, is the most efficient means of completing their college education. To note, according to the LTCCD, the next nearest public institution of higher education is 25 miles away in Nevada; an hour drive through mountainous terrain or basically impossible in severe winter weather conditions.
Additionally, Nevada Senate Bill 414 (Settelmeyer), which was signed into law on June 5, 2015, encourages the Board of Regents of the University of Nevada to enter into a reciprocal agreement with the State of California in order to authorize waivers of nonresident tuition to certain residents of the Lake Tahoe Basin. According to the LTCCD, the Chancellor of the Nevada System of Higher Education has agreed to negotiate a GNP with the State of California, if this measure is enacted into law.
To note, the provisions of SB 605 become operative only if, by July 1, 2021, the appropriate entities enter into a reciprocity agreement and residents of both states benefit from the agreement.
REGISTERED SUPPORT / OPPOSITION:
Support
Alling & Jillson, LTD.
California Community Colleges Chancellor's Office
Community College League of California
Feldman McLaughlin Thiel, LLP
Heavenly Lake Tahoe
Lake Tahoe Community College District
Lake Tahoe South Shore Chamber of Commerce
Three individuals
Opposition
None on file.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960
SB 605
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 605
Amended: 6/2/15
SENATE EDUCATION COMMITTEE: 9-0, 4/22/15
AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District
DIGEST: This bill, until July 1, 2022, (1) exempts up to 200 students in any academic year from paying non-resident tuition fees if they attend the Lake Tahoe Community College (LTCC) and reside in specified communities in the State of Nevada, and (2) permits the LTCC to count these persons as resident full-time equivalent students (FTES) for purposes of determining California apportionment funding. This bill makes these provisions contingent upon the Board of Governors of the California Community Colleges (CCC) entering into an interstate attendance agreement with the Nevada System of Higher Education providing reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits extended to Nevada residents by this bill’s provisions.
Existing law:
Authorizes a community college district (CCD) to admit non-resident students and requires that these students be charged a tuition fee that is twice the amount of the fee established for in-state resident students, with certain specified exemptions. State statute prescribes a formula for the calculation of the non-resident fee. Beginning July 1, 2013, state law requires the non-resident tuition fee be increased to a level that is three times the amount of the fee established for in-state resident students.
Prohibits non-resident students from being reported as FTES for state apportionment purposes, except where (a) the CCD has less than 1500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or (b) if a CCD has between 1501 and 3000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, they can claim up to 100 FTES for state apportionment purposes. (Education Code § 76140)
Authorizes the Board of Governors of the CCC to enter into an interstate attendance agreement with any statewide pubic agency of another state that is responsible for public institutions of postsecondary education providing the first two years of college instruction, and that is an agency of a state that is a member of Western Interstate Commission for Higher Education (WICHE). (Education Code § 66801)
This bill exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend the LTCC. More specifically, it:
Exempts up to 200 students in any academic year who attend LTCC from being charged non-resident student tuition fees if they reside in one of the following communities in Nevada:
Incline Village.
Kingsbury.
Round Hill.
Skyland.
Stateline.
Zephyr Cove.
Deems a student to have residence in one of the communities listed above if they lived in that community for more than one year immediately prior to seeking the fee exemption.
Requires the LTCC to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes the LTCC to report the non-resident students who are exempt from paying non-resident fees pursuant to this bill’s provisions as resident FTES for state apportionment purposes.
Requires any non-resident students reported as resident FTES for apportionment purposes under these provisions to pay a per unit fee that is three times the amount of the fee established for residents, consistent with existing law.
Sunsets these provisions on July 1, 2022.
Makes these provisions operative only if, by July 1, 2021:
The Board of Governors enters into an interstate attendance agreement with the Nevada System of Higher Education.
The agreement provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada resident by this bill’s provisions.
Requires the Chancellor of the CCC to promptly post notice of the interstate attendance agreement on the CCC Internet Web site.
Comments
Need for the bill. According to the author, this bill is intended to respond to the concerns raised regarding similar legislation (introduced in prior sessions) to ensure that Nevada students residing in close proximity to California can attend CCCs without being compelled to pay non-resident tuition. This bill, unlike the prior bill, establishes a six-year pilot program, limits its provisions to Lake Tahoe Community College and specified Nevada communities, caps the total number of students that may be exempted from non-resident tuition, and makes the pilot program contingent upon California residents being provided reciprocal rights by the State of Nevada.
Reciprocity, a mutual exchange of interests, no longer exists with Nevada. According to the Legislative Analyst Office, in August 2011, the State of Nevada terminated the "Good Neighbor" tuition agreement that allowed California students from designated counties to attend Nevada colleges at significantly reduced non-resident tuition rates. Under this agreement, Nevada students were also able to enroll in the CCC (specifically, Lassen, Feather River, Lake Tahoe, Palo Verde, Siskiyou and Barstow) without having to pay full non-resident tuition.
Effective, November 2011, California students enrolling for the first time in Nevada colleges were charged the full non-resident tuition and all the CCC were required to charge non-resident tuition for Nevada residents enrolling for the first time in California, effectively ending the ability of the CCC to provide exemptions for Nevada students. From 1992 through 2011, California and Nevada had a "Good Neighbor" agreement (reciprocity) in place.
Related Nevada activity. In March 2015, the Nevada legislature introduced
SB 414 (Setelmayer) which encourages the Regents of the University of Nevada to authorize waivers of non-resident tuition to certain residents of the Lake Tahoe Basin. Notwithstanding the proposed legislation, the setting of fees and tuition, including general policies, is under the jurisdiction of the Nevada Higher Education System (NHES) Board of Regents in Nevada. According to the Chancellor of the NHES Board of Regents, in March 2014 the Board adopted a policy that authorizes an individual campus to bring forth a tuition discount program if it chooses. Title 4, Chapter 17, Section 13 establishes the following policy regarding tuition or registration fee discounts:
NHES institutions may bring forward for Board approval tuition and/or registration fee discounts. Proposals for such discounts must be accompanied by documentation justifying the discount based on the goals of the institution and any related market considerations, including the ability to compete with other non-NSHE institutions. Institutions may be required to report periodically on approved tuition or registration fee discounts upon request of the Chancellor or the Board.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill results in costs to the state of up to $136,000 Proposition 98 General Fund (net of tuition fee revenue and state apportionment costs). This estimate assumes that 200 students equates to 100 FTES taking 24 semester units per year, and that these students pay a per unit fee that is three times the amount of the fee established for residents.
Lake Tahoe Community College District
Lake Tahoe Community College Foundation Board
Lake Tahoe South Shore Chamber of Commerce
Tahoe Mountain Lab
None received
Prepared by: Kathleen Chavira / ED. / (916) 651-4105
6/2/15 22:23:42
**** END ****
SB 605 (Gaines) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 605 (Gaines) - Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District.
|
|
Version: April 29, 2015 |
Policy Vote: ED. 9 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 28, 2015 |
Consultant: Jillian Kissee |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
This bill, until July 1, 2022;
Exempts up to 200 students in any academic year from paying nonresident tuition fees if they attend the Lake Tahoe Community College (LTCC) and reside in specified communities in the State of Nevada, and
Permits the LTCC to count these persons as resident full-time equivalent students (FTES) for purposes of determining California apportionment funding.
The
bill makes these provisions contingent upon, by July 1, 2021, the
Board of Governors of the California Community Colleges (CCC)
entering into an interstate agreement with the Nevada System of
Higher Education that provides reciprocal rights to California
residents attending Western Nevada College that reasonably conform to
the benefits conferred upon Nevada residents, pursuant to this bill.
Fiscal Impact (as approved on May 28, 2015): This bill results in costs to the state of up to $136,000 Proposition 98 General Fund (net of tuition fee revenue and state apportionment costs). This estimate assumes that 200 students equates to 100 FTES taking 24 semester units per year, and that these students pay a per unit fee that is three times the amount of the fee established for residents.
Background:
Current law authorizes a community college district (CCD) to
admit non-resident students and requires that these students be
charged a tuition fee that is twice the amount of the fee established
for in-state resident students, with certain specified exemptions.
State statute prescribes a formula for the calculation of the
nonresident fee.
Current
law prohibits nonresident students from being reported as FTES for
state apportionment purposes, except where (1) the CCD has less than
1500 FTES and is within 10 miles of another state and has a
reciprocity agreement with that state, or (2) if a CCD has between
1501 and 3000 FTES and is within 10 miles of another state and has a
reciprocity agreement with that state, it can claim up to 100 FTES
for state apportionment purposes. Any nonresident student that falls
into these categories and is reported as resident FTES for state
apportionment purposes is required to pay a per unit fee that is
three times the amount of the fee established for residents.
(Education Code § 76140)
Existing
law authorizes the Board of Governors of the CCC to enter into an
interstate attendance agreement with any statewide pubic agency of
another state that is responsible for public institutions of
postsecondary education providing the first two years of college
instruction, and that is an agency of a state that is a member of
Western Interstate Commission for Higher Education. (Education Code
§ 66801)
Proposed Law:
This bill exempts
persons residing in specified communities in the State of Nevada from
paying nonresident tuition fees if they attend the LTCC. More
specifically, it:
Exempts up to 200 students in any academic year who attend LTCC from being charged nonresident student tuition fees if they reside in one of the following communities in Nevada:
Incline Village.
Kingsbury.
Round Hill.
Skyland.
Stateline.
Zephyr Cove.
Deems students to have residence in one of the communities listed above if they lived in that community for more than one year immediately prior to seeking the fee exemption.
Requires the LTCC to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes the LTCC to report nonresident students who are exempt from paying nonresident fees pursuant to the bill’s provisions as resident full-time equivalent students (FTES) for state apportionment purposes.
Sunsets these provisions on July 1, 2022.
The bill makes these provisions contingent upon, by July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents, pursuant to this bill.
Committee amendments (as adopted on May 28, 2015): Amendment clarifies the per unit fee paid by applicable students is three times the amount of the fee established for residents.
-- END --
SB 605 (Gaines) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 605 (Gaines) - Community colleges: exemption from nonresident tuition fee: Lake Tahoe Community College District.
|
|
Version: April 29, 2015 |
Policy Vote: ED. 9 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 18, 2015 |
Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill, until July 1, 2022;
Exempts up to 200 students in any academic year from paying nonresident tuition fees if they attend the Lake Tahoe Community College (LTCC) and reside in specified communities in the State of Nevada, and
Permits the LTCC to count these persons as resident full-time equivalent students (FTES) for purposes of determining California apportionment funding.
The
bill makes these provisions contingent upon, by July 1, 2021, the
Board of Governors of the California Community Colleges (CCC)
entering into an interstate agreement with the Nevada System of
Higher Education that provides reciprocal rights to California
residents attending Western Nevada College that reasonably conform to
the benefits conferred upon Nevada residents, pursuant to this bill.
Fiscal Impact:
This bill results in costs to the state of approximately $357,000 Proposition 98 General Fund (net of tuition fee revenue and state apportionment costs). This estimate assumes that 200 students equates to 100 FTES taking 24 semester units per year, and that these students pay the resident tuition rate.
Background:
Current law authorizes a community college district (CCD) to
admit non-resident students and requires that these students be
charged a tuition fee that is twice the amount of the fee established
for in-state resident students, with certain specified exemptions.
State statute prescribes a formula for the calculation of the
nonresident fee.
Current
law prohibits nonresident students from being reported as FTES for
state apportionment purposes, except where (1) the CCD has less than
1500 FTES and is within 10 miles of another state and has a
reciprocity agreement with that state, or (2) if a CCD has between
1501 and 3000 FTES and is within 10 miles of another state and has a
reciprocity agreement with that state, it can claim up to 100 FTES
for state apportionment purposes. Any nonresident student that falls
into these categories and is reported as resident FTES for state
apportionment purposes is required to pay a per unit fee that is
three times the amount of the fee established for residents.
(Education Code § 76140)
Existing
law authorizes the Board of Governors of the CCC to enter into an
interstate attendance agreement with any statewide pubic agency of
another state that is responsible for public institutions of
postsecondary education providing the first two years of college
instruction, and that is an agency of a state that is a member of
Western Interstate Commission for Higher Education. (Education Code
§ 66801)
Proposed Law:
This bill exempts
persons residing in specified communities in the State of Nevada from
paying nonresident tuition fees if they attend the LTCC. More
specifically, it:
Exempts up to 200 students in any academic year who attend LTCC from being charged nonresident student tuition fees if they reside in one of the following communities in Nevada:
Incline Village.
Kingsbury.
Round Hill.
Skyland.
Stateline.
Zephyr Cove.
Deems students to have residence in one of the communities listed above if they lived in that community for more than one year immediately prior to seeking the fee exemption.
Requires the LTCC to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes the LTCC to report nonresident students who are exempt from paying nonresident fees pursuant to the bill’s provisions as resident full-time equivalent students (FTES) for state apportionment purposes.
Sunsets these provisions on July 1, 2022.
The bill makes these provisions contingent upon, by July 1, 2021, the Board of Governors of the California Community Colleges enters into an interstate agreement with the Nevada System of Higher Education that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents, pursuant to this bill.
-- END --
SB 605 (Gaines) Page 4 of 4
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 605
Author: |
Gaines |
||
Version: |
February 27, 2015 Hearing Date: April 22, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Kathleen Chavira |
||
Subject: Community colleges: exemption from non-resident tuition fee: Lake Tahoe …………..Community College District
SUMMARY
This bill, until July 1, 2022;
Exempts up to 200 students in any academic year from paying non-resident tuition fees if they attend the Lake Tahoe Community College (LTCC) and reside in specified communities in the State of Nevada, and
Permits the LTCC to count these persons as resident full-time equivalent students (FTES) for purposes of determining California apportionment funding.
The bill makes these provisions contingent upon a determination by the Chancellor of the California Community Colleges that the State of Nevada has enacted a statute providing reasonably conforming reciprocal rights to California residents attending Nevada colleges.
BACKGROUND
Current law authorizes a community college district (CCD) to admit non-resident students and requires that these students be charged a tuition fee that is twice the amount of the fee established for in-state resident students, with certain specified exemptions. State statute prescribes a formula for the calculation of the non-resident fee. Beginning July 1, 2013, state law requires the non-resident tuition fee be increased to a level that is three times the amount of the fee established for in-state resident students.
Current law prohibits non-resident students from being reported as FTES for state apportionment purposes, except where (1) the CCD has less than 1500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, or (2) if a CCD has between 1501 and 3000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state, they can claim up to 100 FTES for state apportionment purposes. (Education Code § 76140)
Existing law authorizes the Board of Governors of the CCC to enter into an interstate attendance agreement with any statewide pubic agency of another state that is responsible for public institutions of postsecondary education providing the first two
years of college instruction, and that is an agency of a state that is a member of Western Interstate Commission for Higher Education (WICHE).
(Education Code § 66801)
ANALYSIS
This bill exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend the Lake Tahoe Community College (LTCC). More specifically, it:
Exempts up to 200 students in any academic year who attend Lake Tahoe Community College (LTCC) from being charged non-resident student tuition fees if they reside in one of the following communities in Nevada:
Incline Village.
Kingsbury.
Round Hill.
Skyland.
Stateline.
Zephyr Cove.
Deems a student to have residence in one of the communities listed above if they lived in that community for more than one year immediately prior to seeking the fee exemption.
Requires the LTCC to adopt rules and regulations for determining a student's residence classification and for establishing procedures to appeal and review this determination.
Authorizes the LTCC to report the non-resident students who are exempt from paying non-resident fees pursuant to the bill’s provisions as resident full-time equivalent students (FTES) for state apportionment purposes.
Sunsets these provisions on July 1, 2022.
STAFF
COMMENTS
Need for the bill. According to the author, this bill is intended to respond to the concerns raised regarding similar legislation (introduced in prior sessions) to ensure that Nevada students residing in close proximity to California can attend California community colleges without being compelled to pay non-resident tuition. This bill, unlike the prior bill, establishes a 6 year pilot program, limits its provisions to Lake Tahoe Community College and specified Nevada communities, caps the total number of students that may be exempted from non-resident tuition, and makes the pilot program contingent upon California residents being provided reciprocal rights by the State of Nevada.
Fee changes effective July 1, 2013. According to the Senate Budget Committee, as part of the 2012 Budget Act, the State changed the level of non-resident fees to $138 per unit (three times the amount of California resident student fee of $46 per unit). By establishing neighboring state student fees at a multiple of the current California resident student fee, the new fee would allow neighboring student fees to adjust in concert with any future adjustments to resident student fees. The Budget Committee indicated this fee level would be approximately midway between Oregon, Nevada, and Arizona resident student fees, that range in the mid-$70 per unit, and California non-resident student fees, that range around $200 per unit.
As of March 2013, the State Chancellor's office reported that statewide there were 11,300 unfunded full-time equivalent students (FTES), students that attended a California Community College (CCC), but where the state did not provide funding. The Lake Tahoe Community College reported zero unfunded FTES. Generally, CCCs in declining enrollment enjoy a one-year funding grace period from the decline and, after that; the unused FTES is redistributed within the community college system.
Reciprocity, a mutual exchange of interests, no longer exists with Nevada. According to the Legislative Analyst Office, in August 2011, the State of Nevada terminated the "Good Neighbor" tuition agreement that allowed California students from designated counties to attend Nevada colleges at significantly reduced non-resident tuition rates. Under this agreement, Nevada students were also able to enroll in the California Community Colleges (specifically, Lassen, Feather River, Lake Tahoe, Palo Verde, Siskiyou and Barstow) without having to pay full non-resident tuition.
Effective, November 2011, California students enrolling for the first time in Nevada colleges were charged the full non-resident tuition and all the California Community Colleges were required to charge non-resident tuition for Nevada residents enrolling for the first time in California, effectively ending the ability of the California Community Colleges (CCC) to provide exemptions for Nevada students. From 1992 through 2011, California and Nevada had a "Good Neighbor" agreement (reciprocity) in place.
Reciprocity agreements, allow the flow of tangible economic and educational benefits to citizens of both states. The absence of a "good neighbor" or reciprocity agreement would shift the total burden of paying for these benefits to California residents.
Related Nevada activity. In March 2015, the Nevada legislature introduced
SB 414 (Setelmayer) which encourages the Regents of the University of Nevada to authorize waivers of non-resident tuition to certain residents of the Lake Tahoe Basin. Notwithstanding the proposed legislation, the setting of fees and tuition, including general policies, is under the jurisdiction of the Nevada Higher Education System (NHES) Board of Regents in Nevada. According to the Chancellor of the NHES Board of Regents, in March 2014 the Board adopted a policy that authorizes an individual campus to bring forth a tuition discount program if it chooses. Title 4, Chapter 17, Section 13 establishes the following policy regarding tuition or registration fee discounts:
Nevada Higher Education System (NHES) institutions may bring forward for Board approval tuition and/or registration fee discounts. Proposals for such discounts must be accompanied by documentation justifying the discount based on the goals of the institution and any related market considerations, including the ability to compete with other non-NSHE institutions. Institutions may be required to report periodically on approved tuition or registration fee discounts upon request of the Chancellor or the Board.
Misplaced authority. This bill makes the pilot program contingent upon a determination by the Chancellor’s office that the State of Nevada has enacted statute providing reciprocal rights to California residents attending Nevada colleges. Current law authorizes the Board of Governors (BOG) to enter into interstate attendance agreements and, consistent with this authority, the BOG entered into an agreement with the State of Oregon acting by and through the State Board of Higher Education, on behalf of the Oregon University System. According to the author, it is the intent of this bill to establish authority, on a pilot basis for an interstate attendance agreement between Lake Tahoe Community College and Western Nevada College.
Staff recommends the bill be amended in Section 5 to make the bill’s provisions contingent upon the Board of Governors having entered into an interstate attendance agreement with the Nevada System of Higher Education, prior to July 1, 2021 and consistent with the requirements of 66801(a), that provides reciprocal rights to California residents attending Western Nevada College that reasonably conform to the benefits conferred upon Nevada residents by Section 1 of this act.
SUPPORT
Heavenly Lake Tahoe
Lake Tahoe Community College District
Lake Tahoe Regional Fire Chiefs Association
Lake Tahoe South Shore Chamber of Commerce
Meeks Bay Fire Protection District
OPPOSITION
None received.
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Bill Author
Bill Co-Author(s):