Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, and establishes community college districts throughout the state that operate community colleges and provide instruction to students. Existing law requires community college districts to charge each student an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements, which include meeting specified minimum academic and progress standards adopted by the board of governors. Existing law requires the board of governors to consider, among other things, a process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college when developing and adopting those minimum academic and progress standards. Existing law expresses the intent of the Legislature that these minimum academic and progress standards be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. Existing regulations require each community college district to establish written procedures by which a student may appeal the loss of a board of governors fee waiver due to extenuating circumstances, or where a student with a disability applied for, but did not receive reasonable accommodation in a timely manner.

This bill would express the intent of the Legislature that the minimum academic and progress standards be implemented only as campuses develop and implement the student support services and interventions necessary to additionally ensure no disproportionate impact to students based on geographic location. The bill would require the Office of the Chancellor of the California Community Colleges to review, for general consistency, each community college districts due process procedures, including any subsequent modifications of the procedures, adopted to appeal the loss of a fee waiver under these provisions, and comment on the procedures, as appropriate. The bill would require that the districts procedures allow for an appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver. The bill would require each community college district to, at least once every 3 years, examine the impact of the specified minimum academic and progress standards and determine whether those standards have had a disproportionate impact on a specific class of students, and if a disproportionate effect is found, the bill would require the community college district to include steps to address that impact in a student equity plan. By imposing additional duties on community college districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, and establishes community college districts throughout the state that operate community colleges and provide instruction to students. Existing law requires community college districts to charge each student an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements, which include meeting specified minimum academic and progress standards adopted by the board of governors. Existing law requires the board of governors to consider, among other things, a process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college when developing and adopting those minimum academic and progress standards. Existing law expresses the intent of the Legislature that these minimum academic and progress standards be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. Existing regulations require each community college district to establish written procedures by which a student may appeal the loss of a board of governors fee waiver due to extenuating circumstances, or where a student with a disability applied for, but did not receive reasonable accommodation in a timely manner.

This bill would require the board of governors to, at least once every 3 years, review and approve any due process standards adopted to appeal the loss of a fee waiver under the provisions described above. If the board of governors adopt any due process standards to appeal the loss of a fee waiver under those provisions, the bill would require those standards to also require a community college district to Office of the Chancellor of the California Community Colleges to review, for general consistency, each community college districts due process procedures, including any subsequent modifications of the procedures, adopted to appeal the loss of a fee waiver under these provisions, and comment on the procedures, as appropriate. The bill would require that the districts procedures allow for an appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver. The bill would require each community college district to, at least once every 3 years, examine the impact of the specified minimum academic and progress standards and determine whether those standards have had a disproportionate impact on a specific class of students, and if a disproportionate effect is found, the bill would require the community college district to include steps to address that impact in a student equity plan. By imposing additional duties on community college districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, and establishes community college districts throughout the state that operate community colleges and provide instruction to students. Existing law requires community college districts to charge each student an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements, which include meeting specified minimum academic and progress standards adopted by the board of governors. Existing law requires the board of governors to consider, among other things, a process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college when developing and adopting those minimum academic and progress standards. Existing law expresses the intent of the Legislature that these minimum academic and progress standards be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. Existing regulations require each community college district to establish written procedures by which a student may appeal the loss of a board of governors fee waiver due to extenuating circumstances, or where a student with a disability applied for, but did not receive reasonable accommodation in a timely manner.

This bill would require the board of governors to, at least once every 3 years, review and approve any due process standards adopted to appeal the loss of a fee waiver under the provisions described above. If the board of governors adopt any due process standards to appeal the loss of a fee waiver under those provisions, the bill would require those standards to also require a community college district to allow for an appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver. The bill would require each community college district to, at least once every 3 years, examine the impact of the specified minimum academic and progress standards and determine whether those standards have had a disproportionate impact on a specific class of students, and if a disproportionate effect is found, the bill would require the community college district to include steps to address that impact in a student equity plan. By imposing additional duties on community college districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 204 (Medina) - Community colleges: waiver of enrollment fees

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill establishes additional procedures to ensure California Community College (CCC) students who lose student fee waivers for failure to meet minimum academic and progress standards are not unfairly impacted.

Fiscal Impact:

• State reimbursable mandated costs, potentially in the high hundreds of thousands to low millions of dollars in Proposition 98 General fund, for community college districts to examine the impact of fee waiver requirements and assess whether they have an unfair impact on students.
• Additional unknown Proposition 98 General Fund costs to the extent that there is an increase in the number of students eligible to receive fee waivers.
• The Chancellor’s Office estimates administrative costs of approximately $75,000 General Fund and .5 PYs to review and comment on community college districts’ due process procedures.

Background:

Existing law establishes a $46/unit fee for students at the CCC. It also provides for a waiver of fees for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. These students who fail to meet minimum academic and performance standards established by the BOG, for no less than two consecutive primary academic terms, become ineligible for the fee waiver. Pursuant to Board of Governors (BOG) regulations, districts must adopt an appeals process for students subject to loss of the fee waiver due to extenuating circumstances, which could include accidents, illnesses, changes in a student's economic situation, inability to obtain essential student services, or special factors associated with status as a veteran, disabled, CalWORKS, or Extended Opportunity Programs and Services (EOPS) student.

Proposed Law:

This bill requires the Chancellor’s Office to review, for general consistency, each community college district’s due process procedures, including any subsequent modifications, adopted to appeal the loss of a fee waiver and comment on the procedures, as appropriate. Further, it requires at least once every three years, each community college district to examine the impact of the minimum academic standard and progress standards and determine whether they have had a disproportionate impact on a specific class of students. If a disproportionate effect is found, this bill requires a community college district to include steps to address that impact in a student equity plan. Finally, this bill modifies legislative intent language regarding the minimum academic and progress standards to ensure no disproportionate impact to students based on geographic location.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 204 Hearing Date: June 21, 2017

Subject: Community colleges: waiver of enrollment fees

SUMMARY

This bill establishes additional procedures to ensure California Community College (CCC) students who lose student fee waivers for failure to meet minimum academic and progress standards are not unfairly impacted.

BACKGROUND

Existing law:

1. Establishes a $46/unit fee for students at the CCC. (Education Code (EC) § 76300(b).)
2. Provides for a waiver of fees for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. Students described in one of (a) through (c) who fail to meet minimum academic and performance standards established by the BOG, for no less than two consecutive primary academic terms (fall and spring semesters or the equivalent), become ineligible for the fee waiver. (EC § 76300.)
3. Pursuant to Board of Governors (BOG) regulations, districts must adopt an appeals process for students subject to loss of the fee waiver due to extenuating circumstances, which could include accidents, illnesses, changes in a student's economic situation, inability to obtain essential student services, or special factors associated with status as a veteran, disabled, CalWORKS, or Extended Opportunity Programs and Services (EOPS) student.
4. Requires districts, as a condition of receiving Student Success and Support Program (SSSP) funding, to maintain a student equity plan, as prescribed. (EC § 78220.)

ANALYSIS

This bill establishes additional procedures to ensure CCC students who lose student fee waivers for failure to meet minimum academic and progress standards are not unfairly impacted. Specifically, it:

1. Requires the Office of the Chancellor of the California Community Colleges (CCC) to review, for general consistency, each community college district’s due process procedures adopted to appeal the loss of a fee waiver and comment on the procedures, as appropriate.
2. Requires at least once every three years, each community college district to examine the impact of the minimum academic standard and progress standards and determine whether they have had a disproportionate impact on a specific class of students.
3. If a disproportionate effect is found, requires a community college district to include steps to address that impact in a student equity plan.
4. Requires a community college district’s due process procedure for appealing the loss of a fee waiver to allow for an appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver.

STAFF COMMENTS

1. Need for the bill. According to the author, “in 2012, the legislature imposed new academic progress requirements on students receiving a Board of Governors (BOG) fee waiver. Failure to maintain at least a 2.0-grade point average and pass more than 50 percent of enrolled course for two consecutive primary terms would result in the loss of a fee waiver for the next year. A locally-determined appeals process is available for students who lose their BOG fee waiver from these requirements.” The Chancellor’s Office estimates that 32,500 community college students are liable to lose their BOG fee waiver in the process. With that number 61 percent are Latino and 12 percent have disabilities.

This bill seeks to improve the appeals process for California Community College students who lose their Board of Governors fee waiver under new academic eligibility standards.

1. Academic and progress standards. SB 1456 (Lowenthal, Chapter, Statutes of 2012) established new requirements to be met by low-income students in order to receive a BOG fee waiver at the California Community Colleges (CCC). Specifically, failure to maintain at least a 2.0-grade point average and to pass more than 50 percent of enrolled courses for two consecutive semesters will result in a student losing their fee waiver. All districts were required to institute an appeals process for students losing the fee waiver. Staff notes that several other financial aid programs establish academic and progress standards to be met in order to continue to receive grants/services including Extended Opportunity Programs & Services (EOPS), Cal Grants, and Pell Grants.

BOG regulations require districts to ensure students have the opportunity to receive appropriate counseling, assessment, and advising on a timely basis to mitigate potential loss of the fee waiver and to widely disseminate information on the availability of such services. BOG regulations also stipulate that the loss of a Board of Governors (BOG) fee waiver pursuant to the above could not occur before the recently-completed fall 2016 semester.

1. Appeal based on geographic distance. As an unintended consequence of data limitations in tracking students across districts, students who lose their fee waiver in one district are able to enroll and receive a waiver from another district. According to the author’s staff students who live in rural areas cannot take advantage of this loophole because they are less likely to have access to a neighboring community college district. It appears that under these circumstances the larger issue to address is the lack of cross collaboration between districts when it comes to the exchange of student data. Nonetheless, this bill establishes geography as a basis for appealing the loss of a fee waiver.

Staff notes there is no other criterion outlined in statute for which an appeal may be based upon. Rather than listing geography as standalone criteria which may unintentionally exclude other noteworthy conditions staff recommends the bill be amended as follows:

76300. (g)(2)(C) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1):

1. The Office of the Chancellor of the California Community Colleges shall review, for general consistency, each community college district’s due process procedures, including any subsequent modifications of the procedures, adopted to appeal the loss of a fee waiver under this section. The chancellor’s office shall comment on the procedures, as appropriate.
2. At least once every three years, each community college district shall examine the impact of the requirements of subparagraph (A) of paragraph (1) and determine whether they have had a disproportionate impact on a specific class of students. If a disproportionate effect is found, the community college district shall include steps to address that impact in a student equity plan.
3. A community college district’s due process procedures for appealing the loss of a fee waiver under this section shall allow for an appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver.

76300. (g)(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, socioeconomic status or geographic location. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).

SUPPORT

American Federation of State, County and Municipal Employees (AFSCME)

California Federation of Teachers

California Teachers Association

Campaign for College Opportunity

Faculty Association of California Community Colleges

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 204

Author:(Medina)

As Amended Ver:March 16, 2017

Majority vote

SUMMARY: This bill establishes additional procedures and protections to ameliorate the potential impact on California Community College (CCC) students who lose student fee waivers for failure to meet minimum academic and progress standards. Specifically, this bill:

1. Requires the Chancellor's Office of the CCC to review due process procedures adopted by community college districts (CCD) for appealing the loss of a fee waiver, and any subsequent modifications thereof, for general consistency, and to comment as appropriate.
2. Requires each CCD, at least once every three years, to determine whether the loss of fee waivers, due to failure to meet the minimum academic and progress standards, has had a disproportionate impact on any class of students, and if so, to include steps to address the impact in the districts' student equity plans (SEPs).
3. Requires due process standards adopted by the CCC Board of Governors (BOG) for appealing the loss of a fee waiver to require a district to allow a student to appeal due to hardship based on the geographic distance from an alternative community college where the student would be eligible for a fee waiver.

EXISTING LAW:

1. Establishes a $46/unit fee for students at the CCC. (Education Code (EC) Section 76300(b).)
2. Provides for a waiver of fees for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. Students described in one of (a) through (c) who fail to meet minimum academic and performance standards established by the BOG, for no less than two consecutive primary academic terms (fall and spring semesters or the equivalent), become ineligible for the fee waiver. (EC Section 76300.)
3. Pursuant to BOG regulations, districts must adopt an appeals process for students subject to loss of the fee waiver due to extenuating circumstances, which could include accidents, illnesses, changes in a student's economic situation, inability to obtain essential student services, or special factors associated with status as a veteran, disabled, CalWORKS, or Extended Opportunity Programs and Services (EOPS) student.
4. Requires districts, as a condition of receiving Student Success and Support Program (SSSP) funding, to maintain a student equity plan, as proscribed. (EC Section 78220.)

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Over $75,000 Prop 98/General Fund in on-going costs for half a personnel year. Staff would review CCD due process procedures.
2. Approximately $780,000 in Prop 98/GF in fee waiver reinstatements for every 1,000 students that appeal due to geographic distance. Using the average fee waiver ($780), the average cost per 1,000 students that appeal is $780,000. Potential for loss of a fee waiver is new and therefore there is limited data on the affected student populations. Urban districts will have minimal cost as generally no geographical hardship should exist.
3. Minor absorbable Prop 98/GF mandate cost to Community College Districts. CCD's are already required to review the impact of their policies in their student equity plans (SEP's) every three years and they must specify goals to reduce equity gaps, strategies for attaining these goals, and sources of funds to support implementation.

COMMENTS:

Background. Pursuant to the Seymour-Campell Student Success Act of 2012 (SB 1456 (Lowenthal), Chapter 624, Statutes of 2012), the BOG imposed academic and progress requirements on those students who receive a fee waiver based on their economic circumstances. Specifically, failure to maintain at least a 2.0 grade point average and to pass more than 50% of enrolled courses for two consecutive semesters will result in a student losing their fee waiver. All districts were required to institute an appeals process for students losing the fee waiver.

Interestingly, neither current law nor regulations prohibit such a student from enrolling in another community college district and receiving a fee waiver from that district. This apparent loophole is an unintended consequence of data limitations in tracking students across districts, i.e. a neighboring district would have no knowledge that a newly-enrolling student had previously lost their fee waiver eligibility at another district.

BOG regulations require districts to ensure students have the opportunity to receive appropriate counseling, assessment, and advising on a timely basis to mitigate potential loss of the fee waiver, and to widely disseminate information on the availability of such services. BOG regulations also stipulate that the loss of a BOG fee waiver pursuant to the above could not occur before the recently-completed fall 2016 semester.

Since the potential for loss of a fee waiver is so new, there is limited data on the affected student populations. However, to assess the potential impact of this new policy, a June 2016 simulation by the Chancellor's Office estimated that about 31,300 students – or about 3% of CCC students who received a fee waiver – would have been subject to loss of the fee waiver, including 17,300 (55%) of whom are Latino and 3,600 (12%) with disabilities. Since this was just a simulation, these totals do not account for the required mitigation measures that are now in place to help students maintain their fee waiver.

Purpose. According to the author, this bill, sponsored by the Faculty Association of the California Community Colleges (FACCC), is intended to assure fairness in districts' appeals processes, for students losing their BOG fee waivers, by requiring a review by the Chancellor's Office of these policies. The bill also ensures that colleges will focus on helping student populations impacted by the new standards by requiring districts to review the impact of the academic and progress requirements at least every three years and to incorporate addressing any disproportionate impacts as part of their student equity plans. Finally, by providing geography as a basis for an appeal, this bill will assist students in rural areas who, unlike those in urban areas, cannot easily attend another nearby district. While this provision expands the unintended loophole discussed above, it will treat all students alike until such time as the loophole could be fully closed.

Student Equity Plans (SEPs). BOG regulations specify that SEPs must be based on campus-level data in the areas of access, retention, degree and certificate completion, English-as-a-Second Language (ESL) and basic skills completion, and transfer. Plans must identify any disparities in these outcomes among various groups of students. In addition, the plans must include goals to reduce equity gaps, strategies for attaining these goals, and sources of funds to support implementation. The 2014-15 Budget Act augmented the Student Success and Support Program to provide districts with $70 million in ongoing funding to implement their SEPs, and the 2015-16 Budget Act increased this ongoing funding to $155 million.

Analysis Prepared by: Chuck Nicol / HIGHER ED. / (916) 319-3960 FN: 0000552

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 204

Author:(Medina) – As Amended Ver:March 16, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill establishes additional procedures and protections to ameliorate the potential impact on California Community College (CCC) students who lose student fee waivers for failure to meet minimum academic and progress standards. Specifically, this bill:

1. Requires the Office of the Chancellor of the California Community Colleges to review each community college district’s due process procedures.
2. Requires the Community College Districts (CCD), to determine, at least once every three years, whether the loss of fee waivers due to failure to meet the minimum academic and progress standards, has had a disproportionate impact on any class of students, and if so, to include steps to address the impact in the districts' student equity plans (SEPs).
3. Requires a community college district’s due process procedures for appealing the loss of a fee waiver to allow a student to appeal due to hardship based on geographic distance from an alternative community college at which the student would be eligible for a fee waiver.

FISCAL EFFECT:

1. Over $75,000 Prop 98/GF in on-going costs for half a personnel year. Staff would review CCD due process procedures.
2. Approximately $780,000 in Prop 98/GF in fee waiver reinstatements for every 1,000 students that appeal due to geographic distance. Using the average fee waiver ($780), the average cost per 1,000 students that appeal is $780,000. Potential for loss of a fee waiver is new and therefore there is limited data on the affected student populations. Urban districts will have minimal cost as generally no geographical hardship should exist.
3. Minor absorbable Prop 98/GF mandate cost to Community College Districts. CCD’s are already required to review the impact of their policies in their student equity plans (SEP’s) every three years and they must specify goals to reduce equity gaps, strategies for attaining these goals, and sources of funds to support implementation.

COMMENTS:

1. Background. The California Community Colleges Board of Governors (BOG) Fee Waiver permits enrollment fees to be waived for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. Pursuant to the Seymour-Campbell Student Success Act of 2012 (SB 1456, Lowenthal), the BOG imposed academic and progress requirements on those students who receive a fee waiver based on their economic circumstances. Specifically, failure to maintain at least a 2.0 grade point average and to pass more than 50% of enrolled courses for two consecutive semesters will result in a student losing their fee waiver. Pursuant to BOG regulations, districts must adopt an appeals process for students subject to loss of the fee waiver due to extenuating circumstances. Interestingly, neither current law nor regulations prohibit such a student from enrolling in another community college district and receiving a fee waiver from that district. This apparent loophole is an unintended consequence of data limitations in tracking students across districts. A neighboring district would have no knowledge that a newly-enrolling student had previously lost their fee waiver eligibility at another district.
2. Staff Comments. The Chancellor’s office believes CCDs will have a more significant aggregated investment in staff and management time in researching, statistical modeling, developing and revising policies. Given the various levels of management review and internal approvals that are required for board policy, the Chancellor’s Office estimates $100,000 per district. Staff believes their estimate is overstated. CCDs are already required to review the impact of their policies in their SEP’s every three years and they must specify goals to reduce equity gaps, strategies for attaining these goals, and sources of funds to support implementation. BOG regulations specify that SEP’s must be based on campus–level data in the areas of access, retention, degree and certificate completion, English-as-a-Second Language and basic skills completion, and transfer. Additionally, the 2014-15 Budget Act augmented the Student Success and Support Program to provide districts with $70 million in ongoing funding to implement their SEPs, and the 2015-16 Budget Act increased this ongoing funding to $155 million.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: March 14, 2017

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 204 (

Author:Medina) – As Introduced Ver:January 23, 2017

SUBJECT: Community colleges: waiver of enrollment fees

SUMMARY: This bill, as proposed to be amended, establishes additional procedures and protections to ameliorate the potential impact on California Community College (CCC) students who lose student fee waivers for failure to meet minimum academic and progress standards. Specifically, this bill:

1. Requires the Chancellor's Office of the CCC to review due process procedures adopted by community college districts (CCD) for appealing the loss of a fee waiver, and any subsequent modifications thereof, for general consistency, and to comment as appropriate.
2. Requires each CCD, at least once every three years, to determine whether the loss of fee waivers, due to failure to meet the minimum academic and progress standards, has had a disproportionate impact on any class of students, and if so, to include steps to address the impact in the districts' student equity plans (SEPs).
3. Requires due process standards adopted by the CCC Board of Governors (BOG) for appealing the loss of a fee waiver to require a district to allow a student to appeal due to hardship based on the geographic distance from an alternative community college where the student would be eligible for a fee waiver.

EXISTING LAW:

1. Establishes a $46/unit fee for students at the CCC. (Education Code (EC) Section 76300(b).)
2. Provides for a waiver of fees for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. Students described in one of (a) through (c) who fail to meet minimum academic and performance standards established by the BOG, for no less than two consecutive primary academic terms (fall and spring semesters or the equivalent), become ineligible for the fee waiver. (EC Section 76300.)
3. Pursuant to BOG regulations, districts must adopt an appeals process for students subject to loss of the fee waiver due to extenuating circumstances, which could include accidents, illnesses, changes in a student's economic situation, inability to obtain essential student services, or special factors associated with status as a veteran, disabled, CalWORKS, or Extended Opportunity Programs and Services (EOPS) student.
4. Requires districts, as a condition of receiving Student Success and Support Program (SSSP) funding, to maintain a student equity plan, as proscribed. (EC Section 78220.)

FISCAL EFFECT: Unknown.

COMMENTS:

Background. Pursuant to the Seymour-Campell Student Success Act of 2012 (SB 1456, Lowenthal), the BOG imposed academic and progress requirements on those students who receive a fee waiver based on their economic circumstances. Specifically, failure to maintain at least a 2.0 grade point average and to pass more than 50% of enrolled courses for two consecutive semesters will result in a student losing their fee waiver. All districts were required to institute an appeals process for students losing the fee waiver.

Interestingly, neither current law nor regulations prohibit such a student from enrolling in another community college district and receiving a fee waiver from that district. This apparent loophole is an unintended consequence of data limitations in tracking students across districts, i.e. a neighboring district would have no knowledge that a newly-enrolling student had previously lost their fee waiver eligibility at another district.

BOG regulations require districts to ensure students have the opportunity to receive appropriate counseling, assessment, and advising on a timely basis to mitigate potential loss of the fee waiver, and to widely disseminate information on the availability of such services. BOG regulations also stipulate that the loss of a BOG fee waiver pursuant to the above could not occur before the recently-completed fall 2016 semester.

Since the potential for loss of a fee waiver is so new, there is limited data on the affected student populations. However, to assess the potential impact of this new policy, a June 2016 simulation by the Chancellor’s Office estimated that about 31,300 students—or about 3% of CCC students who received a fee waiver—would have been subject to loss of the fee waiver, including 17,300 (55%) of whom are Latino and 3,600 (12%) with disabilities. Since this was just a simulation, these totals do not account for the required mitigation measures that are now in place to help students maintain their fee waiver.

Purpose. According to the author, AB 204, sponsored by the Faculty Association of the California Community Colleges (FACCC), is intended to assure fairness in districts' appeals processes, for students losing their BOG fee waivers, by requiring a review by the Chancellor's Office of these policies. The bill also ensures that colleges will focus on helping student populations impacted by the new standards by requiring districts to review the impact of the academic and progress requirements at least every three years and to incorporate addressing any disproportionate impacts as part of their student equity plans. Finally, by providing geography as a basis for an appeal, this bill will assist students in rural areas who, unlike those in urban areas, cannot easily attend another nearby district. While this provision expands the unintended loophole discussed above, it will treat all students alike until such time as the loophole could be fully closed.

Student Equity Plans (SEPs). BOG regulations specify that SEPs must be based on campus–level data in the areas of access, retention, degree and certificate completion, English-as-a-Second Language (ESL) and basic skills completion, and transfer. Plans must identify any disparities in these outcomes among various groups of students. In addition, the plans must include goals to reduce equity gaps, strategies for attaining these goals, and sources of funds to support implementation. The 2014-15 Budget Act augmented the Student Success and Support Program to provide districts with $70 million in ongoing funding to implement their SEPs, and the 2015-16 Budget Act increased this ongoing funding to $155 million.

Amendments. The amendments, which are reflected in the summary portion of this analysis, do the following:

1. Require the Chancellor's Office, rather than the Board of Governors, to review, but not approve, the procedures adopted by districts for appealing the loss of a few waiver.
2. Clarify the hardship provision.

REGISTERED SUPPORT / OPPOSITION:

Support

FACCC (sponsor)

American Federation of State, County, and Municipal Employees (AFSCME), AFL-CIO

California Federation of Teachers

CalWORKS Association

Western Center on Law and Poverty

Opposition

None on file

Analysis Prepared by: Chuck Nicol / HIGHER ED. / (916) 319-3960