AB 91: Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border.

(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 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 applies. Existing law includes among these exemptions any nonresident who is both a citizen and resident of a foreign country if the nonresident has demonstrated a financial need, as specified. Existing law authorizes the attendance of certain exempted, nonresident students to be reported as resident full-time equivalent students (FTES) for state apportionment purposes.

This bill would additionally exempt from the nonresident tuition fee a nonresident, low-income student who: (1) is a resident of Mexico, (2) registers for lower division courses at Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, or Southwestern College, and (3) has residence within 45 miles of the California-Mexico border, as provided. The bill would, in any academic year, prohibit more than 150 FTES at each of these community colleges from being exempted from payment of the nonresident tuition fee.

The bill would require the governing boards of the community colleges that choose to use this exemption to adopt one uniform policy to determine a students residence classification, establish procedures for an appeal and review of the residence classification, and determine whether a student is low income. The bill also would require the governing boards of the community colleges that choose to use this exemption, as a condition of its students receiving the exemption described above, to collaborate with each other to ensure the adoption of the uniform policy.

The bill would additionally authorize the attendance of nonresident students who receive this exemption to be reported as resident FTES for state apportionment purposes, as specified. The bill would provide that a nonresident student exempted under the above-mentioned exemption is not exempted pursuant to the existing provision involving any nonresident who is both a citizen and resident of a foreign country. The bill would require the governing boards of the community colleges that choose to use this exemption, on or before January 1, 2028, to jointly submit a report to the Legislature that includes, but is not limited to, the demographics, attendance rate, and class completion rate of nonresident students who receive the exemption described above.

The bills provisions would become inoperative on July 1, 2028, and would be repealed on January 1, 2029, as specified. The bill would also make related findings and declarations.

(2)This bill would make legislative findings and declarations as to the necessity of a special statute for Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, and Southwestern College.

(3)This bill would not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement that provides reciprocal rights to California residents attending a university in the State of Baja California that reasonably conforms to the benefits conferred upon residents of Mexico pursuant to certain provisions of the bill, as provided.