AB 91: Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-13
Current Status:
Passed
(2023-10-13: Chaptered by Secretary of State - Chapter 796, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets nine specified San Diego‑area and Imperial Valley community colleges waive nonresident tuition for low‑income Mexican residents who have lived within 45 miles of the California–Mexico border and enroll in lower‑division courses, and allows up to 150 full‑time equivalent students (FTES) per college per year to be counted as resident enrollment for funding. Participating colleges must adopt and share one policy to verify residency and low‑income status, set appeal rules, and report student demographics and outcomes, and the exemption only applies if the Board of Governors secures a reciprocal attendance agreement with a Baja California university.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(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.
(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.
(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.
(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 who: (1) is a resident of Mexico, (2) registers for lower division courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) college, as defined, 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 SDICCCA college of these community colleges from being exempted from payment of the nonresident tuition fee.
The bill would require the San Diego and Imperial Counties Community Colleges Association to adopt rules and regulations 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 board of a community college district with a SDICCCA college to, boards of the community colleges that choose to use this exemption, as a condition of its students receiving the exemption described above, approve the associations rules and regulations, as specified. 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 the exemption related to SDICCCA 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 provision related to SDICCCA 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 SDICCCA, 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.
(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego and Imperial Counties Community Colleges Association. 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.
(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 FTES 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 is a resident of Mexico, registers for lower division courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) college, as defined, and has residence within 45 miles of the California-Mexico border, as provided. The bill would, in any academic year, prohibit more than 200 students 150 FTES at each SDICCCA college from being exempted from payment of the nonresident tuition fee.
The bill would require the San Diego and Imperial Counties Community Colleges Association to adopt rules and regulations 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 would require the governing board of a community college district with a SDICCCA college to, as a condition of its students receiving the exemption described above, approve the associations rules and regulations, as specified.
The bill would additionally authorize the attendance of nonresident students who receive the exemption related to SDICCCA to be reported as resident FTES for state apportionment purposes, as specified. The bill would provide that a nonresident student exempted under the provision related to SDICCCA 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 SDICCCA, on or before January 1, 2028, to 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.
(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego and Imperial Counties Community Colleges Association.
(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 FTES for state apportionment purposes.
This bill would additionally exempt from the nonresident tuition fee a nonresident, low-income student who is a resident of Mexico, registers for lower division courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) college, as defined, and has residence within 45 miles of the California-Mexico border, as provided. The bill would, in any academic year, prohibit more than 200 students at each SDICCCA college from being exempted from payment of the nonresident tuition fee.
The bill would require the San Diego and Imperial Counties Community Colleges Association to adopt rules and regulations 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 would require the governing board of a community college district with a SDICCCA college to, as a condition of its students receiving the exemption described above, approve the associations rules and regulations, as specified.
The bill would additionally authorize the attendance of nonresident students who receive the exemption related to SDICCCA to be reported as resident FTES for state apportionment purposes, as specified. The bill would provide that a nonresident student exempted under the provision related to SDICCCA is not exempted pursuant to the existing provision involving any nonresident who is both a citizen and resident of a foreign country.
The bills provisions would become inoperative on July 1, 2028, and would be repealed on January 1, 2029, as specified.
(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego and Imperial Counties Community Colleges Association.
It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.The Legislature finds and declares all of the following:
(a)Increased educational access can help drive economic growth and create new job opportunities in Californias border communities. Californias border communities support billions of dollars in international trade with Mexico, and across Asia and the Pacific Rim through the Port of San Diego.
(b)Reducing the cost of higher education for low-income individuals, first-generation college students, and students from historically marginalized communities reduces the inequities in these students obtaining a college education and improves their economic mobility.
(c)Community colleges play a crucial role in Californias workforce development by providing affordable, accessible, and high-quality education and training opportunities to students across the state, including a wide range of career and technical education programs, and transfer programs for students who wish to continue their educations at four-year universities.
(d)Career and technical education programs in California offer students the opportunity to earn industry-recognized certifications and credentials, leading to higher-paying jobs and greater job security, while helping address the skills gap that exists in many industries and providing employers with a pipeline of skilled workers.
(e)As a hub of technological innovation and the worlds fifth-largest economy, California requires a workforce with a solid understanding of education in science, technology, engineering, and mathematics, which plays a crucial role in driving innovation, economic growth, and social progress.
SEC. 3.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)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.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplishes all of the following:
(I)Determines a students residence classification.
(II)Establishes procedures for an appeal and review of the residence classification.
(III)Determines whether a student is low income.
(ii)As a condition of its students receiving an exemption pursuant to this paragraph, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i).
(C)No more than 150 full-time equivalent students (FTES) at each community college described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)On or before January 1, 2028, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(b)A community college 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 FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of 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 with respect to students who reside in nearby communities.
SEC. 6.(a)This act shall not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement, on behalf of a community college that chooses to use the exemption pursuant to paragraph (8) of subdivision (a) of Section 76140 of the Education Code, with a nationally or internationally accredited university located in the State of Baja California, Mexico, 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 paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
(b)As used in this section, community college means a community college described in clause (ii) of subparagraph (A) of paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.The Legislature finds and declares all of the following:
(a)Increased educational access can help drive economic growth and create new job opportunities in Californias border communities. Californias border communities support billions of dollars in international trade with Mexico, and across Asia and the Pacific Rim through the Port of San Diego.
(b)Reducing the cost of higher education for low-income individuals, first-generation college students, and students from historically marginalized communities reduces the inequities in these students obtaining a college education and improves their economic mobility.
(c)Community colleges play a crucial role in Californias workforce development by providing affordable, accessible, and high-quality education and training opportunities to students across the state, including a wide range of career and technical education programs, and transfer programs for students who wish to continue their educations at four-year universities.
(d)Career and technical education programs in California offer students the opportunity to earn industry-recognized certifications and credentials, leading to higher-paying jobs and greater job security, while helping address the skills gap that exists in many industries and providing employers with a pipeline of skilled workers.
(e)As a hub of technological innovation and the worlds fifth-largest economy, California requires a workforce with a solid understanding of education in science, technology, engineering, and mathematics, which plays a crucial role in driving innovation, economic growth, and social progress.
SEC. 3.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)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.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplishes all of the following:
(I)Determines a students residence classification.
(II)Establishes procedures for an appeal and review of the residence classification.
(III)Determines whether a student is low income.
(ii)As a condition of its students receiving an exemption pursuant to this paragraph, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i).
(C)No more than 150 full-time equivalent students (FTES) at each community college described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)On or before January 1, 2028, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(b)A community college 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 FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of 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 with respect to students who reside in nearby communities.
SEC. 6.(a)This act shall not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement, on behalf of a community college that chooses to use the exemption pursuant to paragraph (8) of subdivision (a) of Section 76140 of the Education Code, with a nationally or internationally accredited university located in the State of Baja California, Mexico, 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 paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
(b)As used in this section, community college means a community college described in clause (ii) of subparagraph (A) of paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.The Legislature finds and declares all of the following:
(a)Increased educational access can help drive economic growth and create new job opportunities in Californias border communities. Californias border communities support billions of dollars in international trade with Mexico, and across Asia and the Pacific Rim through the Port of San Diego.
(b)Reducing the cost of higher education for low-income individuals, first-generation college students, and students from historically marginalized communities reduces the inequities in these students obtaining a college education and improves their economic mobility.
(c)Community colleges play a crucial role in Californias workforce development by providing affordable, accessible, and high-quality education and training opportunities to students across the state, including a wide range of career and technical education programs, and transfer programs for students who wish to continue their educations at four-year universities.
(d)Career and technical education programs in California offer students the opportunity to earn industry-recognized certifications and credentials, leading to higher-paying jobs and greater job security, while helping address the skills gap that exists in many industries and providing employers with a pipeline of skilled workers.
(e)As a hub of technological innovation and the worlds fifth-largest economy, California requires a workforce with a solid understanding of education in science, technology, engineering, and mathematics, which plays a crucial role in driving innovation, economic growth, and social progress.
SEC. 2.SEC. 3.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)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.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplishes all of the following:
(I)Determines a students residence classification.
(II)Establishes procedures for an appeal and review of the residence classification.
(III)Determines whether a student is low income.
(ii)As a condition of its students receiving an exemption pursuant to this paragraph, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i).
(C)No more than 150 full-time equivalent students (FTES) at each community college described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)On or before January 1, 2028, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(b)A community college 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 FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.SEC. 4.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 4.SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of 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 with respect to students who reside in nearby communities.
SEC. 6.(a)This act shall not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement, on behalf of a community college that chooses to use the exemption pursuant to paragraph (8) of subdivision (a) of Section 76140 of the Education Code, with a nationally or internationally accredited university located in the State of Baja California, Mexico, 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 paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
(b)As used in this section, community college means a community college described in clause (ii) of subparagraph (A) of paragraph (8) of subdivision (a) of Section 76140 of the Education Code.
It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)Registers for lower division courses at a SDICCCA college. 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.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The San Diego and Imperial Counties Community Colleges Association shall adopt rules and regulations The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplish accomplishes all of the following:
(I)Determine Determines a students residence classification.
(II)Establish Establishes procedures for an appeal and review of the residence classification.
(III)Determine Determines whether a student is low income.
(ii)A governing board of a community college district with a SDICCCA college shall, as As a condition of its students receiving an exemption pursuant to this paragraph, approve all rules and regulations adopted pursuant to clause (i). the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i).
(C)No more than 150 full-time equivalent students (FTES) at each SDICCCA college community college described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)On or before January 1, 2028, the San Diego and Imperial Counties Community Colleges Association shall the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(E)As used in this paragraph, SDICCCA college means a community college that is a member of the San Diego and Imperial Counties Community Colleges Association.(b)A community college 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 FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 4.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the San Diego and Imperial Counties Community Colleges Association 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 with respect to students who reside in nearby communities.
It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)Registers for lower division courses at a SDICCCA college.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The San Diego and Imperial Counties Community Colleges Association shall adopt rules and regulations that accomplish all of the following:
(I)Determine a students residence classification.
(II)Establish procedures for an appeal and review of the residence classification.
(III)Determine whether a student is low income.
(ii)A governing board of a community college district with a SDICCCA college shall, as a condition of its students receiving an exemption pursuant to this paragraph, approve all rules and regulations adopted pursuant to clause (i).
(C)No more than 200 students 150 full-time equivalent students (FTES) at each SDICCCA college shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)On or before January 1, 2028, the San Diego and Imperial Counties Community Colleges Association shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(D)(E)As used in this paragraph, SDICCCA college means a community college that is a member of the San Diego and Imperial Counties Community Colleges Association and that is located within 25 miles of the California-Mexico border. Association.
(b)A community college 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) FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 4.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the San Diego and Imperial Counties Community Colleges Association with respect to students who reside in nearby communities.
REVISIONS: Heading Line 3.It is the intent of the Legislature to increase the pathways by which nonresident students who reside near the California-Mexico border, and who might otherwise experience financial hardships, can attend community colleges near the border.
SEC. 2.Section 76140 of the Education Code is amended to read:76140.(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(8)(A)A student who meets all of the following criteria:
(i)Is a nonresident, low-income student who is a resident of Mexico.
(ii)Registers for lower division courses at a SDICCCA college.
(iii)Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)(i)The San Diego and Imperial Counties Community Colleges Association shall adopt rules and regulations that accomplish all of the following:
(I)Determine a students residence classification.
(II)Establish procedures for an appeal and review of the residence classification.
(III)Determine whether a student is low income.
(ii)A governing board of a community college district with a SDICCCA college shall, as a condition of its students receiving an exemption pursuant to this paragraph, approve all rules and regulations adopted pursuant to clause (i).
(C)No more than 200 students at each SDICCCA college shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)As used in this paragraph, SDICCCA college means a community college that is a member of the San Diego and Imperial Counties Community Colleges Association and that is located within 25 miles of the California-Mexico border.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.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 (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(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 the students attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C)This paragraph shall apply only to the 200506 academic year.
(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A)Demonstrates a financial need for the exemption.
(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students 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 the students secondary school attendance.
(F)Upon enrollment, the student will be in the students 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 the student 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 before 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.
(7)(A)A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)This exemption shall apply only to the tuition fee for credit ESL courses.
(b)A community college 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 shall not be charged.
(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district 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 community college 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 community college district in the preceding fiscal year. However, if for the community college districts preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college districts total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)The expense of education in the preceding fiscal year of all community college 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 community college 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 community college 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 community college district.
(D)An amount not to exceed the amount that was expended by the community college 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. The admission of nonresident students shall not 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 to 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 community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)This section shall become operative on July 1, 2028.
SEC. 4.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the San Diego and Imperial Counties Community Colleges Association with respect to students who reside in nearby communities.
|
Date
|
Status
|
|---|---|
| Oct 13, 2023 | Chaptered by Secretary of State - Chapter 796, Statutes of 2023. |
| Oct 13, 2023 | Approved by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 12. Page 3187.). |
| Sep 7, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. |
| Sep 7, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6. Page 2485.). |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 5, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 3, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 28). |
| Jun 14, 2023 | Referred to Com. on ED. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 8. Page 1964.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 11. Noes 3.) (May 18). |
| Apr 19, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 22, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (March 21). Re-referred to Com. on APPR. |
| Mar 22, 2023 | Coauthors revised. |
| Mar 14, 2023 | Re-referred to Com. on HIGHER ED. |
| Mar 13, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Jan 26, 2023 | Referred to Com. on HIGHER ED. |
| Jan 6, 2023 | From printer. May be heard in committee February 5. |
| Jan 5, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2023 | AB 91 Alvarez Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 7, 2023 | Assembly 3rd Reading AB91 Alvarez et al. By Padilla | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 31, 2023 | AB 91 Alvarez Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| At&T | ** Support | |
| California Community Colleges Chancellor's Office | ** Support | |
| California Federation of Teachers, AFL-CIO | ** Support | |
| City Of Chula Vista | * Support | Mar 21, 2023 |
| City of Chula Vista Office of Deputy Mayor Jose Preciado | ** Support | |
| City Of San Diego | ** Support | |
| Comite Civico Del Valle | ** Support | |
| Community College League of California | ** Support | |
| Community Health Group | ** Support | |
| Councilmember Sean Elo-Rivera, City of San Diego, District 9 | ** Support | |
| Councilmember Vivian Moreno, City of San Diego, Council District 8 | ** Support | |
| Energy Communications Corp. | ** Support | |
| Faculty Association Of California Community Colleges | ** Support | |
| Governor of The State of Baja California | ** Support | |
| Grossmont-Cuyamaca Community College District | ** Support | |
| Imperial Community College District | ** Support | |
| Los Amigos de la Comunidad | ** Support | |
| Los Angeles Community College District | ** Support | |
| Office of Supervisor Nora Vargas, County of San Diego | ** Support | |
| Otay Mesa Chamber of Commerce | ** Support | |
| Palomar Community College District | ** Support | |
| San Bernardino Community College District | ** Support | |
| San Diego and Imperial Counties Community College Association | ** Support | |
| San Diego and Imperial Valley Hispanic Chamber of Commerce | ** Support | |
| San Diego City College | ** Support | |
| San Diego City Council | * Support | Jun 28, 2023 |
| San Diego Community College District | ** Support | |
| San Diego Mayor Todd Gloria | * Support | Jun 28, 2023 |
| San Diego Regional Chamber Of Commerce | ** Support | |
| San Diego Unified School District | ** Support | |
| South County Economic Development Council | ** Support | |
| Southwestern College | ** Support | |
| Southwestern Community College District | * Support | Jun 28, 2023 |
| Student Senate for California Community Colleges | ** Support | |
| The City of Chula Vista, the Office of Councilmember Carolina Chavez | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 91
Author:(Alvarez)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Exempts, until January 1, 2029, from the nonresident tuition fee, a nonresident, low-income student who is a resident of México (MX), registers for lower division courses at specified community colleges near the California-México border, as defined, and has residence within 45 miles of the California-México border.
Senate Amendments
- Stipulate that the measure will not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement, on behalf of a community college that chooses to use the exemption with a nationally or internationally accredited university located in the State of Baja California, México 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 México, as specified.
- State the specific eligible California community colleges near the California-México border eligible to participate in the pilot: 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.
- Make related findings and declarations regarding increased educational access and economic growth in California's border communities.
- Make clarifying and technical amendments.
COMMENTS
What is CaliBaja? According to a recent report, The CaliBaja Regional Economy: Production, Employment, Trade & Investment, published by the Knauss School of Business at the University of San Diego, CaliBaja is the label frequently used to described the binational region comprising the two southernmost California counties (San Diego and Imperial), and the Mexican municipalities that make up the state of Baja California (Ensenada, Mexicali, Rosarito, San Quintin, Tecate, and Tijuana).
Further, according to the report, CaliBaja is the largest integrated economic zone along the U.S. – México border. CaliBaja is home to 7 million inhabitants and has a regional Gross Domestic Product (GDP) of $250 billion and an estimated $70 billion in cross border trade flows.
Prior reciprocity agreements. Between 1988 and 2011, California and Nevada operated under a "Good Neighbor Policy" (GNP) that complied with existing law (see Education Code Section 76140(j)) and allowed LTCC to provide a waiver of nonresident tuition for Nevada and claim the adjusted apportionment. However, in 2011, the Nevada Board of Regents voted to end the GNP, meaning that Nevada residents of the Tahoe Basin were required to pay the full nonresident tuition in order to attend LTCC.
In 2015, Nevada SB 414 (Settelmeyer), Chapter 380, Statutes of 2015, was signed into law on June 5, 2015, which, in part, encouraged 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 LTCC, the Chancellor of the Nevada System of Higher Education agreed to negotiate a GNP if California enacted similar legislation. The GNP between both states went into effect after the enactment of SB 605 (Gaines), Chapter 657, Statutes of 2015. Following the passage of SB 605, the California Community Colleges Board of Governors entered into the California Nevada Interstate Attendance Agreement (CNIAA) with the Nevada System of Higher Education. The CNIAA provides reciprocity for California Basin students to attend Western Nevada College (WNC) and pay resident fees.
For further insight on the aforementioned, please refer to the Assembly Committee on Higher Education policy committee analysis of this measure.
This measure appears to be modeled after existing law for eligible students, who are residents of Nevada and live in specified locations of Nevada, and attend college in LTCC and are able to pay specified in-state tuition and fees.
Reciprocity with other states. According to the National Conference of State Legislatures (NCSL), other states have in-state tuition agreements for Mexican students living within a specified mile radius of the border; these states include:
- The State of Texas has the Mexican Citizens with Financial Need-Border Nations Waiver. This waiver permits a small number of individuals with financial need, who are citizens of México, to enroll in any public institution of higher education in Texas, while paying the resident tuition rate. The process for applying for a tuition waiver varies from college to college. Typically, the office of the registrar processes tuition waivers. However, waivers may also be processed by the admissions and/or financial aid offices.
The Texas Legislature appropriates the funds for the waivers.
- The State of New Mexico has the Descubre Program for Mexican Students. This Program offers new students with Mexican citizenship the Descubre Tuition Rate, which is 1.5 times the in-state tuition rate. The Program does not require an application; qualified students will automatically be enrolled in the program upon admission to the New Mexico State University (NMSU) Las Cruces campus. The eligibility requirements: a) Mexican citizenship; b) Admission to NMSU; c) Enrollment in 15 new Las Cruces credits per semester; and, d) Meeting satisfactory academic progress to continue receiving the Descubre Tuition Rate each semester.
The NMSU Board of Regents approves the fiscal appropriations for the Program.
- The State of Arizona has Gatos MX Tuition Discount. Through agreements with the States of Baja California, Chihuahua, Sinaloa, and Sonora in México, qualified new incoming first-year students who are residents of said states, are eligible for the Gatos MX Discount. The Discount is a partial tuition scholarship and places 2023-2024 tuition at $19,800 per academic year (which is approximately 50% of out-of-state tuition). Students must meet a variety of specified eligibility requirements, including, but not limited to the following: a) Be first-year undergraduate admits to the University of Arizona; and, b) Will graduate high school from one of following states: a) Baja California; b) Chihuahua; c) Sinaloa; and, d) Sonora.
The Arizona Board of Regents approves the fiscal appropriations for the Discount.
According to the Author
"Southern California and Baja-California (MX) operates as one region where living in one country while going to school or working on the other side has been a part of everyday life for decades. It is a dynamic region with over 100,000 daily border crossings where U.S. companies already rely on employees who commute across the border. San Diego County has a robust $250 billion to $300 billion annual economy, but the fact of the matter is that the region is facing the same staffing shortages plaguing California and the nation. This is especially true in fields like nursing, emergency services and behavioral health."
The author contends that, "this bill will allow low-income residents who live close to the border to attend some of our local community colleges to better prepare our region for the future. Creating additional avenues for education to people living in Tijuana and other border regions in Mexico would increase the available workforce in San Diego and Imperial County. Since South San Diego County lacks a four-year university, many students do not have the option to pursue an undergraduate degree. Exacerbating the problem is the high cost of living in the San Diego region, which can often make securing housing impossible."
Additionally, the author states that, "passing Assembly Bill 91 would mitigate many of these problems and eventually, allow these students to enter the local workforce, where they would contribute to San Diego County's thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too."
Lastly, the author states that, "one of the most significant barriers to higher education is the cost of tuition, which can be prohibitively expensive for many students. AB 91 will reduce the inequities in higher education by reducing the cost for lower-income individuals, first-generation college students, and students from historically marginalized communities to obtain a college education and improve their economic mobility. These students would naturally be served by the SDICCCA community colleges if living on the other side of the border had not required them to pay eight times the tuition rate."
Arguments in Support
According to San Diego and Imperial Counties Community Colleges Association (SDICCCA), "the SDICCCA member colleges strengthen the economic and educational well-being of the communities they serve. The SDICCCA has long advocated for policies, legislation and programs that would increase enrollment opportunities for local community college students. SDICCCA recognizes the importance of serving the educational needs of residents on both sides of the border and their impact on the region's workforce and economy."
Further, SIDICCA states that, "AB 91 (Alvarez) would expand access to the region's community colleges by removing financial barriers for low-income, binational students by allowing students residing within 45 miles of the California-Mexico border to enroll at a SDICCCA college that is located within 25 miles of the California-Mexico border. The cross-border collaboration that would result from the proposed legislation would strengthen the economic health of the Cali Baja mega region by expanding access to higher education and increasing a skilled cross-border workforce."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The Chancellor's Office estimates that this bill could result in Proposition 98 General Fund costs in the low millions of dollars each year over the five-year period. There are eight community colleges that would be able to collect apportionment funds for the enrollment of additional students. While the exact amount would depend on the number of students enrolled, assuming 150 credit full-time equivalent students (FTES) are generated from each of the eight colleges (1,200 FTES total), the maximum costs would be $6.3 million each year. This estimate assumes the 2023-24 Student Centered Funding Formula (SCFF) rate of $5,238. This estimate could be lower to the extent that these students are enrolled in noncredit courses which are funded at a lower SCFF rate, if fewer than FTES are generated, or if fewer colleges participate.
- The Chancellor's Office also estimates one-time Proposition 98 General Fund costs of approximately $239,000 for the eight community colleges and five districts to adopt rules and regulations regarding the bill's provisions, and report to the Legislature regarding its implementation. The costs could be lower if the colleges are able to leverage existing data tools or reporting.
- This bill could potentially result in additional, unknown Proposition 98 General Fund cost pressure to subsidize the lost nonresident tuition fee revenues for the colleges.
VOTES:
ASM HIGHER EDUCATION: 8-2-2
YES: Mike Fong, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Santiago
NO: Ta, Sanchez
ABS, ABST OR NV: Wallis, Weber
ASM APPROPRIATIONS: 11-3-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Dixon, Mathis, Sanchez
ABS, ABST OR NV: Megan Dahle, Robert Rivas
ASSEMBLY FLOOR: 65-8-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Dixon, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO: Chen, Davies, Essayli, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta
ABS, ABST OR NV: Megan Dahle, Flora, Vince Fong, Gallagher, Hoover, Lackey, Wallis
SENATE FLOOR: 33-6-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Dahle, Grove, Jones, Nguyen, Niello, Seyarto
ABS, ABST OR NV: Ochoa Bogh
UPDATED
VERSION: September 1, 2023
CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0002090
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 91 |
THIRD READING
Bill No: AB 91
Author: Alvarez (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 6-0, 6/28/23
AYES: Newman, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
NO VOTE RECORDED: Ochoa Bogh
SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 65-8, 5/31/23 - See last page for vote
SUBJECT: Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border
SOURCE: Southwestern College
DIGEST:
This bill authorizes specified community colleges near the California-Mexico border to waive non-resident tuition fees and claim apportionment for low-income students that reside in Mexico.
ANALYSIS:
Existing law:
- Authorizes the California Community Colleges (CCC) Board of Governors (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 (EC) § 66801)
- 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. 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. (EC § 76140)
- Prohibits non-resident students from being reported as full-time equivalent students (FTES) for state apportionment purposes, except where: (1) the CCD has fewer than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state or participates in WICHE; or, (2) 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 or participates in WICHE, they can claim up to 100 FTES for state apportionment purposes. (EC § 76140(h)(i))
- Exempts no more than 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 District to count these persons as resident FTES for purposes of determining California apportionment funding. (EC § 76140 (a)(6))
- Provides that specified nonresident students exempted from paying nonresident tuition may be reported as resident FTES for purposes of state apportionment. These students are required to pay one and one-half the amount of resident fees. (EC § 76140(j))
This bill:
- Exempts, until January 1, 2029, from the nonresident tuition fee a student who meets the following criteria:
- Is a nonresident, low-income student who is a resident of Mexico.
- Registers for lower division courses at one of the following: Cuyamaca Community College, Grossmont Community College, Imperial Valley Community College, MiraCosta Community College, Palomar Community College, San Diego City Community College, San Diego Mesa Community College, San Diego Miramar Community College, or Southwestern College.
- Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking a fee exemption.
- Requires a governing board of one of these community colleges, as a condition of its students receiving an exemption, to approve rules and regulations that accomplish the following: determine a student’s residence classification; establish procedures for an appeal and review of the residence classification; and determine whether a student is low-income.
- Limits exemptions established by the bill to 150 full-time equivalent students at each of the colleges in any academic year, and authorizes them to claim state apportionment funding for eligible nonresident students.
- Requires, by January 1, 2028, that the governing boards of the colleges to jointly submit a report to the Legislature, as prescribed, that includes but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption.
- States that it is the Legislature’s intent to increase the pathways by which nonresident students who reside near the California-Mexico border and who might otherwise experience financial hardships can attend community colleges near the border.
- Makes related findings and declarations regarding increased educational access and economic growth in California’s border communities.
- Sunsets the bill’s provisions on January 1, 2029.
Comments
- Need for the bill. According to the author, “Passing Assembly Bill 91 would provide more students with a pathway to enter the local workforce, where they would contribute to San Diego County’s thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too.”
- Resident and Nonresident Tuition Fees. For the 2022-23 academic year, resident tuition fees for CCC are $46 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $1,104 and $1,380, respectively.
For the 2022-23 academic year, nonresident tuition fees for CCC are $346 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $10,104 and $10,380, respectively. This bill would allow colleges to charge the eligible students the lower resident tuition rate.
- Modeled after Lake Tahoe Basin exemption. Between 1988 and 2011, California and Nevada operated under a “Good Neighbor Policy” that met the requirements of EC § 76140(j) and allowed LTCC to provide a waiver of nonresident tuition for Nevada and claim the adjusted apportionment. In 2011, the Nevada Board of Regents voted to end the Good Neighbor Policy, meaning that Nevada residents of the Tahoe Basin were required to pay the full nonresident tuition to attend LTCC.
The Legislature approved SB 605 (Gaines, Chapter 657, Statutes of 2015) to annually exempt up to 200 Nevada residents that reside in specified communities in the Basin from paying non-resident fees and authorizes LTCC to count these students as resident full-time equivalent students for purposes of apportionment funding. Under these provisions, Nevada residents in the Lake Tahoe Basin pay $93/unit (quarter units). Following the passage of SB 605, the CCC BOG entered into an agreement with the Nevada System of Higher Education. The agreement provided reciprocity for California Basin students to attend Western Nevada College and pay resident fees. SB 605 and the agreement were set to expire on July 1, 2022. Subsequent legislation, SB 436 (Dahle, Chapter 573, Statutes of 2021) made the Nevada resident exemption established by SB 605 permanent.
This bill attempts to provide a similar nonresident fee exemption for students that reside within 45 miles of California’s southern border in Mexico by annually exempting up to 150 full-time equivalent students from paying higher nonresident fees at the specified community colleges. These students can count as a resident full-time student for purposes of state apportionment funding under this bill.
- Parity with the Lake Tahoe Basin program. Current law requires nonresident students who benefit from the Lake Tahoe Basin exemption to pay a modified rate if a college reports these students as resident FTES for purposes of claiming state apportionment. This modified rate is 1.5 times ($69 per credit) that of resident tuition fees, but still significantly less than the nonresident $346 per credit fee. This bill does not require the new student group to pay a modified rate as a condition of claiming state apportionment for these students. The author’s office argues that unlike the Lake Tahoe Basin program, this bill limits the benefit to low-income students, and ensuring that students pay the lower resident tuition fee rate is critical to the success of the pilot program.
- What do other border states do? According to the National Conference of State Legislatures (NCSL), other states have in-state tuition agreements for Mexican students living within a specified mile radius of the border; these states include:
- The State of Texas has the Mexican Citizens with Financial Need-Border Nations Waiver. This waiver permits a small number of individuals with financial need, who are citizens of México, to enroll in any public institution of higher education in Texas, while paying the resident tuition rate. The Texas Legislature appropriates the funds for the waivers.
- The State of New Mexico has the Descubre Program for Mexican Students. This Program offers new students with Mexican citizenship the Descubre Tuition Rate, which is 1.5 times the in-state tuition rate. The eligibility requirements: a) Mexican citizenship; b) Admission to New Mexico State University (NMSU); c) Enrollment in 15 new Las Cruces credits per semester; and, d) Meeting satisfactory academic progress to continue receiving the Descubre Tuition Rate each semester. The NMSU Board of Regents approves the fiscal appropriations for the Program.
- The State of Arizona has Gatos MX Tuition Discount. Through agreements with the States of Baja California, Chihuahua, Sinaloa, and Sonora in México, qualified new incoming first-year students who are residents of said states, are eligible for the Gatos MX Discount. The Discount is a partial tuition scholarship and places 2023-2024 tuition at $19,800 per academic year (which is approximately 50% of out-of-state tuition). Students must meet a variety of specified eligibility requirements, including, but not limited to the following: a) Be first-year undergraduate admits to the University of Arizona; and, b) Will graduate high school from one of following states: i) Baja California; ii) Chihuahua; iii) Sinaloa; and, iv) Sonora. The Arizona Board of Regents approves the fiscal appropriations for the Discount.
This bill seems to be more in line with Texas policy in that a small number of low-income students may pay the resident rate.
- California-Baja region. According to information provided by the author’s office, Southern California and California-Baja operate as one megaregion with over 140,000 daily border crossings. Living on one side of the border while studying, working or spending most of the time on the other side has been a part of everyday life for decades. A 2022 University of San Diego report, The CaliBaja Regional Economy, identifies the Cali Baja region as the largest integrated economic zone along the U.S.-Mexico border. The region is composed of San Diego and Imperial County, and the Baja California cities of Tijuana, Tecate, and Mexicali for a total regional GDP of $250 billion and an estimated $70 billion in cross border trade flows.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committeet:
- The Chancellor’s Office estimates that this bill could result in Proposition 98 General Fund costs in the low millions of dollars each year over the five-year period. There are eight community colleges that would be able to collect apportionment funds for the enrollment of additional students. While the exact amount would depend on the number of students enrolled, assuming 150 credit full-time equivalent students (FTES) are generated from each of the eight colleges (1,200 FTES total), the maximum costs would be $6.3 million each year. This estimate assumes the 2023-24 Student Centered Funding Formula (SCFF) rate of $5,238. This estimate could be lower to the extent that these students are enrolled in noncredit courses which are funded at a lower SCFF rate, if fewer than FTES are generated, or if fewer colleges participate.
- The Chancellor’s Office also estimates one-time Proposition 98 General Fund costs of approximately $239,000 for the eight community colleges and five districts to adopt rules and regulations regarding the bill’s provisions, and report to the Legislature regarding its implementation. The costs could be lower if the colleges are able to leverage existing data tools or reporting.
- This bill could potentially result in additional, unknown Proposition 98 General Fund cost pressure to subsidize the lost nonresident tuition fee revenues for the colleges.
SUPPORT: (Verified 9/1/23)
Southwestern College (source)
AT&T
California Community Colleges Chancellor's Office
City of San Diego
Comite Civico Del Valle
Community College League of California
Faculty Association of California Community Colleges
Los Amigos De LA Comunidad
Los Angeles Community College District
San Diego Community College District
San Diego Unified School District
Student Senate for California Community Colleges
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 65-8, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Dixon, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Chen, Davies, Essayli, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta
NO VOTE RECORDED: Megan Dahle, Flora, Vince Fong, Gallagher, Hoover, Lackey, Wallis
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
9/2/23 16:46:07
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 91 (Alvarez) - Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill authorizes specified community colleges near the California-Mexico border to waive non-resident tuition fees and claim apportionment for low-income students that reside in Mexico.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- The Chancellor’s Office estimates that this bill could result in Proposition 98 General Fund costs in the low millions of dollars each year over the five-year period. There are eight community colleges that would be able to collect apportionment funds for the enrollment of additional students. While the exact amount would depend on the number of students enrolled, assuming 150 credit full-time equivalent students (FTES) are generated from each of the eight colleges (1,200 FTES total), the maximum costs would be $6.3 million each year. This estimate assumes the 2023-24 Student Centered Funding Formula (SCFF) rate of $5,238. This estimate could be lower to the extent that these students are enrolled in noncredit courses which are funded at a lower SCFF rate, if fewer than FTES are generated, or if fewer colleges participate.
- The Chancellor’s Office also estimates one-time Proposition 98 General Fund costs of approximately $239,000 for the eight community colleges and five districts to adopt rules and regulations regarding the bill’s provisions, and report to the Legislature regarding its implementation. The costs could be lower if the colleges are able to leverage existing data tools or reporting.
- This bill could potentially result in additional, unknown Proposition 98 General Fund cost pressure to subsidize the lost nonresident tuition fee revenues for the colleges.
Author Amendments:
Provide that the bill shall not become operative unless the Board of Governors of the California Community Colleges enters into an attendance agreement, on behalf of a community college that chooses to use the exemption, with a nationally or internationally accredited university located in the State of Baha California, Mexico, that provides reciprocal rights to California residents, as specified.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 91 (Alvarez) - Community colleges: exemption from nonresident tuition fee: residence near the California-Mexico border
Version: July 5, 2023 | Policy Vote: ED. 6 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 14, 2023 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill authorizes specified community colleges near the California-Mexico border to waive non-resident tuition fees and claim apportionment for low-income students that reside in Mexico.
Fiscal Impact:
- The Chancellor’s Office estimates that this bill could result in Proposition 98 General Fund costs in the low millions of dollars each year over the five-year period. There are eight community colleges that would be able to collect apportionment funds for the enrollment of additional students pursuant to this measure. While the exact amount would depend on the number of students enrolled, assuming 150 credit full-time equivalent students (FTES) are generated from each of the eight colleges (1,200 FTES total), the maximum costs would be $6.3 million each year. This estimate assumes the 2023-24 Student Centered Funding Formula (SCFF) rate of $5,238. This estimate could be lower to the extent that these students are enrolled in noncredit courses which are funded at a lower SCFF rate, if fewer than FTES are generated, or if fewer colleges participate.
- The Chancellor’s Office also estimates one-time Proposition 98 General Fund costs of approximately $239,000 for the eight community colleges and five districts to adopt rules and regulations regarding the bill’s provisions, and report to the Legislature regarding its implementation. The costs could be lower if the colleges are able to leverage existing data tools or reporting.
- This bill could potentially result in additional, unknown Proposition 98 General Fund cost pressure to subsidize the lost nonresident tuition fee revenues for the colleges.
Background:
Existing law authorizes the California Community Colleges (CCC) Board of Governors (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).
Existing law authorizes a community college district 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. 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 full-time equivalent student (FTES) for state apportionment purposes, except where: (1) the district has fewer than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state or participates in WICHE; or, (2) if a district has between 1,501 and 3,000 FTES and is within 10 miles of another state and has a reciprocity agreement with that state or participates in WICHE, they can claim up to 100 FTES for state apportionment purposes.
Exempts no more than 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 District to count these persons as resident FTES for purposes of determining California apportionment funding.
Proposed Law:
This bill exempts, until January 1, 2029, from the nonresident tuition fee a student who meets the following criteria:
- Is a nonresident, low-income student who is a resident of Mexico.
- Registers for lower division courses at one of the following: Cuyamaca Community College, Grossmont Community College, Imperial Valley Community College, MiraCosta Community College, Palomar Community College, San Diego City Community College, San Diego Mesa Community College, San Diego Miramar Community College, or Southwestern College.
- Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking a fee exemption.
This bill requires a governing board of one of these community colleges, as a condition of its students receiving an exemption, to approve rules and regulations that accomplish the following: determine a student’s residence classification; establish procedures for an appeal and review of the residence classification; and determine whether a student is low-income.
This bill limits exemptions established by the bill to 150 full-time equivalent students at each of the colleges in any academic year, and authorizes them to claim state apportionment funding for eligible nonresident students.
This bill requires, by January 1, 2028, that the governing boards of the colleges to jointly submit a report to the Legislature, as prescribed, that includes but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption.
The bill’s provisions would sunset on January 1, 2029.
Related Legislation:
SB 705 (Hueso, 2021) would have required the California Department of Education and the California Workforce Development Board, in consultation with the California-Mexico Border Relations Council, to jointly form a study group of subject matter experts in specified fields to analyze unique challenges and opportunities arising from the presence of a large binational student population and workforce on both sides of the California-Mexico border. SB 705 was held in the Assembly Appropriations Committee.
Staff Comments:
For the 2022-23 academic year, resident tuition fees for CCC are $46 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees of between $1,104 and $1,380 each year. Nonresident tuition fees for the 2022-23 academic year are $346 per credit. Therefore, a full course load would equate to tuition fees of between $10,104 and $10,380 each year. This bill would allow colleges to charge the eligible students the lower resident tuition rate.
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SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: June 28, 2023
Author: | Alvarez | ||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill authorizes, until January 1, 2029, a community college that is a member of the San Diego and Imperial Counties Community Colleges Associations (SDICCCA) to waive non-resident tuition fees and claim apportionment for a limited number of low-income students that reside in Mexico within 45 miles of the California-Mexico border.
BACKGROUND
Existing law:
1) Authorizes the California Community Colleges (CCC) Board of Governors (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 (EC) § 66801)
2) 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. 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. (EC § 76140)
3) Prohibits non-resident students from being reported as full-time equivalent student (FTES) for state apportionment purposes, except where: (1) the CCD has fewer than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state or participates in WICHE; or, (2) 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 or participates in WICHE, they can claim up to 100 FTES for state apportionment purposes. (EC § 76140(h)(i))
4) Exempts no more than 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 District to count these persons as resident FTES for purposes of determining California apportionment funding. (EC § 76140 (a)(6))
5) Provides that specified nonresident students exempted from paying nonresident tuition may be reported as resident FTES for purposes of state apportionment. These students are required to pay one and one-half the amount of resident fees. (EC § 76140(j))
ANALYSIS
This bill:
- Exempts, until January 1, 2029, from the nonresident tuition fee a student who meets the following criteria:
- Is a nonresident, low-income student who is a resident of Mexico.
- Registers for lower division courses at a SDICCCA college.
- Has residence within 45 miles of the California-Mexico border for at least
one year immediately before seeking a fee exemption.
- Requires a governing board of a CCD with a college SDICCCA in, as a condition of its students receiving an exemption approve rules and regulations that accomplish the following:
- Determine a student’s residence classification.
- Establish procedures for an appeal and review of the residence
classification.
- Determine whether a student is low-income.
- Limits exemptions established by the bill to 150 full-time equivalent students at each SDICCCA college in any academic year.
- Authorizes SDICCCCA community colleges to claim state apportionment funding for eligible nonresident students.
- Requires, by January 1, 2028, that the SDICCA submit a report to the Legislature, as prescribed, that includes but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption.
- Defines for purposes of this bill “SDICCCA College,” to mean a community college that is a member of the San Diego and Imperial Counties Community College Associations.
- States that it is the Legislature’s intent to increase the pathways by which nonresident students who reside near the California-Mexico border and who might otherwise experience financial hardships can attend community colleges near the border.
- Sunsets the bill’s provisions on January 1, 2029.
STAFF COMMENTS
- Need for the bill. According to the author, “Passing Assembly Bill 91 would provide more students with a pathway to enter the local workforce, where they would contribute to San Diego County’s thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too.”
- Resident and Nonresident Tuition Fees. For the 2022-23 academic year, resident tuition fees for CCC are $46 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $1,104 and $1,380, respectively.
For the 2022-23 academic year, nonresident tuition fees for CCC are $346 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $10,104 and $10,380, respectively. This bill would allow colleges to charge the eligible students the lower resident tuition rate.
- Modeled after Lake Tahoe Basin exemption. Between 1988 and 2011, California and Nevada operated under a “Good Neighbor Policy” that met the requirements of EC § 76140(j) and allowed LTCC to provide a waiver of nonresident tuition for Nevada and claim the adjusted apportionment. In 2011, the Nevada Board of Regents voted to end the Good Neighbor Policy, meaning that Nevada residents of the Tahoe Basin were required to pay the full nonresident tuition to attend LTCC.
The Legislature approved SB 605 (Gaines, Chapter 657, Statutes of 2015) to annually exempt up to 200 Nevada residents that reside in specified communities in the Basin from paying non-resident fees and authorizes LTCC to count these students as resident full-time equivalent students for purposes of apportionment funding. Under these provisions, Nevada residents in the Lake Tahoe Basin pay $93/unit (quarter units). Following the passage of SB 605, the CCC BOG entered into an agreement with the Nevada System of Higher Education. The agreement provided reciprocity for California Basin students to attend Western Nevada College and pay resident fees. SB 605 and the agreement were set to expire on July 1, 2022. Subsequent legislation, SB 436 (Dahle, Chapter 573, Statutes of 2021) made the Nevada resident exemption established by SB 605 permanent.
This bill attempts to provide a similar nonresident fee exemption for students that reside within 45 miles of California’s southern border in Mexico by annually exempting up to 150 full-time equivalent students from paying higher nonresident fees at the specified community colleges. These students can count as a resident full-time student for purposes of state apportionment funding under this bill.
- Parity with the Lake Tahoe Basin program. Current law requires nonresident students who benefit from the Lake Tahoe Basin exemption to pay a modified rate if a college reports these students as resident FTES for purposes of claiming state apportionment. This modified rate is 1.5 times ($69 per credit) that of resident tuition fees, but still significantly less than the nonresident $346 per credit fee. This bill does not require the new student group to pay a modified rate as a condition of claiming state apportionment for these students. The author’s office argues that unlike the Lake Tahoe Basin program, this bill limits the benefit to low-income students, and ensuring that students pay the lower resident tuition fee rate is critical to the success of the pilot program. However, given that it is a condition imposed on the Lake Tahoe Basin program for which this bill is modeled, the committee may consider whether the same modified tuition fee policy should be applied to the proposed pilot program.
- What do other border states do? According to the National Conference of State Legislatures (NCSL), other states have in-state tuition agreements for Mexican students living within a specified mile radius of the border; these states include:
- The State of Texas has the Mexican Citizens with Financial Need-Border Nations Waiver. This waiver permits a small number of individuals with financial need, who are citizens of México, to enroll in any public institution of higher education in Texas, while paying the resident tuition rate. The Texas Legislature appropriates the funds for the waivers.
- The State of New Mexico has the Descubre Program for Mexican Students. This Program offers new students with Mexican citizenship the Descubre Tuition Rate, which is 1.5 times the in-state tuition rate. The eligibility requirements: a) Mexican citizenship; b) Admission to New Mexico State University (NMSU); c) Enrollment in 15 new Las Cruces credits per semester; and, d) Meeting satisfactory academic progress to continue receiving the Descubre Tuition Rate each semester. The NMSU Board of Regents approves the fiscal appropriations for the Program.
- The State of Arizona has Gatos MX Tuition Discount. Through agreements with the States of Baja California, Chihuahua, Sinaloa, and Sonora in México, qualified new incoming first-year students who are residents of said states, are eligible for the Gatos MX Discount. The Discount is a partial tuition scholarship and places 2023-2024 tuition at $19,800 per academic year (which is approximately 50% of out-of-state tuition). Students must meet a variety of specified eligibility requirements, including, but not limited to the following: a) Be first-year undergraduate admits to the University of Arizona; and, b) Will graduate high school from one of following states: i) Baja California; ii) Chihuahua; iii) Sinaloa; and, iv) Sonora. The Arizona Board of Regents approves the fiscal appropriations for the Discount.
This bill seems to be more in line with Texas policy in that a small number of low-income students may pay the resident rate.
- California-Baja region. According to information provided by the author’s office, Southern California and California-Baja operate as one megaregion with over 140,000 daily border crossings. Living on one side of the border while studying, working or spending most of the time on the other side has been a part of everyday life for decades. A 2022 University of San Diego report, The CaliBaja Regional Economy, identifies the Cali Baja region as the largest integrated economic zone along the U.S.-Mexico border. The region is composed of San Diego and Imperial County, and the Baja California cities of Tijuana, Tecate, and Mexicali for a total regional GDP of $250 billion and an estimated $70 billion in cross border trade flows.
- Amendments. In order to clarify which colleges are authorized to issue the proposed nonresident fee exemption staff recommends that the bill be amended as follows:
- Delete references to the San Diego and Imperial Counties Community Colleges Association from the bill and replace them with references to the applicable colleges: Cuyamaca Community College, Grossmont Community College, Imperial Valley Community College, MiraCosta Community College, Palomar Community College, San Diego City Community College, San Diego Mesa Community College, San Diego Miramar Community College, or Southwestern College.
- Amend EC 76140 (a)(8)(A)(ii) in the bill as follows” (ii) Registers for lower division courses at
a SDICCCA collegeCuyamaca Community College, Grossmont Community College, Imperial Valley Community College, MiraCosta Community College, Palomar Community College, San Diego City Community College, San Diego Mesa Community College, San Diego Miramar, Community College, or Southwestern College. - Amend EC 76140 (a)(8)(B)(i) in the bill as follows: “
The San Diego and Imperial Counties Community Colleges Association shall adopt rules and regulations. The governing boards of the specified community colleges shall adopt uniform policies that accomplish all of the following:” - Delete and recast provisions in EC § 76140 (a)(8)(B)(ii) in the bill, so that as condition of a student receiving an exemption pursuant to the bill, the governing boards of the specified community colleges are required to collaborate with each other to ensure the adoption of a uniform policy.
- Amend EC 76140 (a)(8)(D) in the bill to require that, instead of the Association submitting a report to the Legislature as indicated, the governing boards of the specified community colleges jointly submit the report.
- Prior and related legislation
SB 705 (Hueso, 2021) would have required the California Department of Education and the California Workforce Development Board, in consultation with the California-Mexico Border Relations Council, to jointly form a study group of subject matter experts in specified fields to analyze unique challenges and opportunities arising from the presence of a large binational student population and workforce on both sides of the California-Mexico border. SB 705 died in the Assembly Appropriations Committee.
SUPPORT
California Community Colleges Chancellor's Office
City of San Diego
Comite Civico Del Valle, Inc.
Community College League of California
Faculty Association of California Community Colleges
Los Amigos De LA Comunidad, Inc.
San Diego Community College District
OPPOSITION
None received
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ASSEMBLY THIRD READING
ATR Bill Id:AB 91
Author:(Alvarez)
As Amended Ver:March 13, 2023
Majority vote
SUMMARY
Exempts, until January 1, 2029, from the nonresident tuition fee, a nonresident, low-income student who is a resident of México (MX), registers for lower division courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) college, as defined, and has residence within 45 miles of the California-Mexico border.
Major Provisions
- States the intent of the Legislature is to increase the pathways by which nonresident students who reside near the California-México border, and who might otherwise experience financial hardships, attend community colleges near the border.
- Exempts a student who meets all of the following criteria from being charged nonresident tuition and fees:
- Is a nonresident, low-income student who is a resident of México;
- Registers for lower division courses at a SDICCCA college; and,
- Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
- Requires SDICCCA to adopt rules and regulations that accomplish all of the following:
- Determine a student's residence classification;
- Establish procedures for an appeal and review of the residence classification; and,
- Determine whether a student is low income.
- Requires that a governing board of a community college district (CCD) with a SDICCCA college must, as a condition of its students receiving an exemption, approve all rules and regulations, as enumerated in (3), above.
- Stipulates that no more than 150 full-time equivalent students (FTES) at each SDICCCA college will be exempted from payment of a nonresident tuition fee in any academic year.
- Requires that on or before January 1, 2028, SDICCCA must submit a report to the Legislature that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption.
- Defines, "SDICCCA college" as a community college that is a member of the San Diego and Imperial Counties Community Colleges Association.
- Sunsets the provisions of this measure on January 1, 2029.
COMMENTS
What is CaliBaja? According to a recent report, The CaliBaja Regional Economy: Production, Employment, Trade & Investment, published by the Knauss School of Business at the University of San Diego, CaliBaja is the label frequently used to described the binational region comprising the two southernmost California counties (San Diego and Imperial), and the Mexican municipalities that make up the state of Baja California (Ensenada, Mexicali, Rosarito, San Quintin, Tecate, and Tijuana).
Further, according to the report, CaliBaja is the largest integrated economic zone along the U.S. – México border. CaliBaja is home to 7 million inhabitants and has a regional Gross Domestic Product (GDP) of $250 billion and an estimated $70 billion in cross border trade flows.
Prior reciprocity agreements. Between 1988 and 2011, California and Nevada operated under a "Good Neighbor Policy" (GNP) that complied with existing law (see Education Code Section 76140(j)) and allowed LTCC to provide a waiver of nonresident tuition for Nevada and claim the adjusted apportionment. However, in 2011, the Nevada Board of Regents voted to end the GNP, meaning that Nevada residents of the Tahoe Basin were required to pay the full nonresident tuition in order to attend LTCC.
In 2015, Nevada SB 414 (Settelmeyer), Chapter 380, Statutes of 2015, was signed into law on June 5, 2015, which, in part, encouraged 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 LTCC, the Chancellor of the Nevada System of Higher Education agreed to negotiate a GNP if California enacted similar legislation. The GNP between both states went into effect after the enactment of SB 605 (Gaines), Chapter 657, Statutes of 2015. Following the passage of SB 605, the California Community Colleges Board of Governors entered into the California Nevada Interstate Attendance Agreement (CNIAA) with the Nevada System of Higher Education. The CNIAA provides reciprocity for California Basin students to attend Western Nevada College (WNC) and pay resident fees.
For further insight on the aforementioned, please refer to the policy committee analysis of this measure.
This measure appears to be modeled after existing law for eligible students, who are residents of Nevada and live in specified locations of Nevada, and attend college in LTCC and are able to pay specified in-state tuition and fees.
Reciprocity with other states. According to the National Conference of State Legislatures (NCSL), other states have in-state tuition agreements for Mexican students living within a specified mile radius of the border; these states include:
- The State of Texas has the Mexican Citizens with Financial Need-Border Nations Waiver. This waiver permits a small number of individuals with financial need, who are citizens of México, to enroll in any public institution of higher education in Texas, while paying the resident tuition rate. The process for applying for a tuition waiver varies from college to college. Typically, the office of the registrar processes tuition waivers. However, waivers may also be processed by the admissions and/or financial aid offices.
The Texas Legislature appropriates the funds for the waivers.
- The State of New Mexico has the Descubre Program for Mexican Students. This Program offers new students with Mexican citizenship the Descubre Tuition Rate, which is 1.5 times the in-state tuition rate. The Program does not require an application; qualified students will automatically be enrolled in the program upon admission to the New Mexico State University (NMSU) Las Cruces campus. The eligibility requirements: a) Mexican citizenship; b) Admission to NMSU; c) Enrollment in 15 new Las Cruces credits per semester; and, d) Meeting satisfactory academic progress to continue receiving the Descubre Tuition Rate each semester.
The NMSU Board of Regents approves the fiscal appropriations for the Program.
- The State of Arizona has Gatos MX Tuition Discount. Through agreements with the States of Baja California, Chihuahua, Sinaloa, and Sonora in México, qualified new incoming first-year students who are residents of said states, are eligible for the Gatos MX Discount. The Discount is a partial tuition scholarship and places 2023-2024 tuition at $19,800 per academic year (which is approximately 50% of out-of-state tuition). Students must meet a variety of specified eligibility requirements, including, but not limited to the following: a) Be first-year undergraduate admits to the University of Arizona; and, b) Will graduate high school from one of following states: i) Baja California; ii) Chihuahua; iii) Sinaloa; and, iv) Sonora.
The Arizona Board of Regents approves the fiscal appropriations for the Discount.
According to the Author
"Southern California and Baja-California (MX) operates as one region where living in one country while going to school or working on the other side has been a part of everyday life for decades. It is a dynamic region with over 100,000 daily border crossings where U.S. companies already rely on employees who commute across the border. San Diego County has a robust $250 billion to $300 billion annual economy, but the fact of the matter is that the region is facing the same staffing shortages plaguing California and the nation. This is especially true in fields like nursing, emergency services and behavioral health."
The author contends that, "this bill will allow low-income residents who live close to the border to attend some of our local community colleges to better prepare our region for the future. Creating additional avenues for education to people living in Tijuana and other border regions in Mexico would increase the available workforce in San Diego and Imperial County. Since South San Diego County lacks a four-year university, many students do not have the option to pursue an undergraduate degree. Exacerbating the problem is the high cost of living in the San Diego region, which can often make securing housing impossible."
Additionally, the author states that, "passing Assembly Bill 91 would mitigate many of these problems and eventually, allow these students to enter the local workforce, where they would contribute to San Diego County's thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too."
Lastly, the author states that, "one of the most significant barriers to higher education is the cost of tuition, which can be prohibitively expensive for many students. AB 91 will reduce the inequities in higher education by reducing the cost for lower-income individuals, first-generation college students, and students from historically marginalized communities to obtain a college education and improve their economic mobility. These students would naturally be served by the SDICCCA community colleges if living on the other side of the border had not required them to pay eight times the tuition rate."
Arguments in Support
According to SDICCCA, "the SDICCCA member colleges strengthen the economic and educational well-being of the communities they serve. The SDICCCA has long advocated for policies, legislation and programs that would increase enrollment opportunities for local community college students. SDICCCA recognizes the importance of serving the educational needs of residents on both sides of the border and their impact on the region's workforce and economy."
Further, SIDICCA states that, "AB 91 (Alvarez) would expand access to the region's community colleges by removing financial barriers for low-income, binational students by allowing students residing within 45 miles of the California-Mexico border to enroll at a SDICCCA college that is located within 25 miles of the California-Mexico border. The cross-border collaboration that would result from the proposed legislation would strengthen the economic health of the Cali Baja mega region by expanding access to higher education and increasing a skilled cross-border workforce."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
- Unknown, ongoing Proposition 98 General Fund costs, potentially in the millions of dollars over the course of the five-year program, in apportionment funding to SDICCCA for the enrollment of additional students served through this program. Costs would depend on the number of students to enroll.
Costs would depend on the number of students to enroll through the program and other variables, as described in Comment 3. If each of the eight eligible SDICCCA colleges enrolled the maximum number of students allowed by the bill, 1,200 students could enroll annually, and 6,000 students could enroll over the life of the program. If SDICCCA claimed apportionment funding for the maximum number of students allowed by this bill, assuming an apportionment rate of $4,840 per student, the base rate awarded for students enrolled in credit courses for the 2022-23 academic year, costs would be about $5.8 million annually or $29 million over the five-year life of the program. If SDICCCA claimed apportionment funding for 300 students, assuming an apportionment rate of $4,840 per student, costs would be about $1.4 million annually or $8 million over the five-year life of the program.
Costs could be lower to the extent SDICCCA community college districts are under hold harmless funding provisions, meaning they will receive the same amount of state funding for a period of time, regardless of enrollment, in order to smooth a potential funding cliff.
- Potential, unknown, ongoing Proposition 98 General Fund costs to subsidize lost nonresident tuition fee revenue.
Costs would again depend on the number of students to enroll through the program. If each student who would otherwise have paid nonresident tuition took a full-time course load of 15 credits each semester, nonresident tuition revenue losses to the state would be about $10.8 million annually. Of course, if not for this program, most, if not all, of these low-income students likely would not enroll in community college at SDICCCA.
- One-time Proposition 98 General Fund costs in the tens of thousands to low hundreds of thousands of dollars for SDICCCA to produce a report for the Legislature.
- Minor one-time Proposition 98 General Fund costs to SDICCCA governing boards to adopt rules and regulations related to the program.
- Ongoing General Fund workload costs of about $10,000 annually for the life of the program to the California Community College Chancellor's Office to update its fiscal reporting tools to allow SDICCCA colleges to claim apportionment.
- Potential future Proposition 98 General Fund cost to extend this program into perpetuity after the program expires, as the state has done for a similar program, as described in Comment 4.
VOTES
ASM HIGHER EDUCATION: 8-2-2
YES: Mike Fong, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Santiago
NO: Ta, Sanchez
ABS, ABST OR NV: Wallis, Weber
ASM APPROPRIATIONS: 11-3-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Dixon, Mathis, Sanchez
ABS, ABST OR NV: Megan Dahle, Robert Rivas
UPDATED
VERSION: March 13, 2023
CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0000603
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 91
Author:(Alvarez) – As Amended Ver:March 13, 2023
Policy Committee: | Higher Education | Vote: | 8 - 2 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill creates a program to temporarily exempt certain residents of Mexico from nonresident tuition fees for certain courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) colleges.
Specifically, this bill, until January 1, 2029, exempts from nonresident tuition fees up to 150 students for each academic year at each SDICCCA college. To qualify for an exemption, a student must (a) enroll in lower division courses; (b) be a resident of Mexico; (c) reside within 45 miles of the California-Mexico border; and (d) be low-income. In addition, the bill allows SDICCCA to claim state apportionment funding for students served through this program.
The bill further requires the governing boards of SDICCCA, as a condition of its students receiving an exemption, to adopt rules and regulations related to the program. The bill also requires, by January 1, 2028, SDICCCA to submit a report to the Legislature that includes information about the demographics, attendance rate, and class completion rate of students receiving an exemption.
FISCAL EFFECT:
- Unknown, ongoing Proposition 98 General Fund costs, potentially in the millions of dollars over the course of the five-year program, in apportionment funding to SDICCCA for the enrollment of additional students served through this program. Costs would depend on the number of students to enroll.
Costs would depend on the number of students to enroll through the program and other variables, as described in Comment 3. If each of the eight eligible SDICCCA colleges enrolled the maximum number of students allowed by the bill, 1,200 students could enroll annually, and 6,000 students could enroll over the life of the program. If SDICCCA claimed apportionment funding for the maximum number of students allowed by this bill, assuming an apportionment rate of $4,840 per student, the base rate awarded for students enrolled in credit courses for the 2022-23 academic year, costs would be about $5.8 million annually or $29 million over the five-year life of the program. If SDICCCA claimed apportionment funding for 300 students, assuming an apportionment rate of $4,840 per student, costs would be about $1.4 million annually or $8 million over the five-year life of the program.
Costs could be lower to the extent SDICCCA community college districts are under hold harmless funding provisions, meaning they will receive the same amount of state funding for a period of time, regardless of enrollment, in order to smooth a potential funding cliff.
- Potential, unknown, ongoing Proposition 98 General Fund costs to subsidize lost nonresident tuition fee revenue.
Costs would again depend on the number of students to enroll through the program. If each student who would otherwise have paid nonresident tuition took a full-time course load of 15 credits each semester, nonresident tuition revenue losses to the state would be about $10.8 million annually. Of course, if not for this program, most, if not all, of these low-income students likely would not enroll in community college at SDICCCA.
- One-time Proposition 98 General Fund costs in the tens of thousands to low hundreds of thousands of dollars for SDICCCA to produce a report for the Legislature.
- Minor one-time Proposition 98 General Fund costs to SDICCCA governing boards to adopt rules and regulations related to the program.
- Ongoing General Fund workload costs of about $10,000 annually for the life of the program to the California Community College Chancellor’s Office to update its fiscal reporting tools to allow SDICCCA colleges to claim apportionment.
- Potential future Proposition 98 General Fund cost to extend this program into perpetuity after the program expires, as the state has done for a similar program, as described in Comment 4.
COMMENTS:
- Purpose. According to the author:
Passing Assembly Bill 91 would…allow these students to enter the local workforce, where they would contribute to San Diego County’s thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too.
- Apportionment Funding. The state allocates general purpose funding, known as “apportionments,” to CCCs based on student enrollment and other factors. Specifically, the state awards funding using a three-part formula known as the “Student Centered Funding Formula.” The components of the formula are: (a) a base allocation linked to enrollment ($4,840 in the 2022-23 academic year); (b) a supplemental allocation linked to low‑income student counts (between about $1,145 and $2,290 in the 2022‑23 academic year); and (c) a student success allocation linked to specified student outcomes (up to $2,700 in the 2022-23 academic year).
- Resident and Nonresident Tuition Fees. For the 2022-23 academic year, resident tuition fees for CCC are $46 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $1,104 and $1,380, respectively.
For the 2022-23 academic year, nonresident tuition fees for CCC are $346 per credit. A full course load is defined as between 12 and 15 credits per semester, equating to tuition fees annually of between $10,104 and $10,380, respectively.
- Similar Program. SB 605 (Gaines), Chapter 657, Statutes of 2015, in part, until July 1, 2022, exempted up to 200 students residing in specified communities in the state of Nevada from nonresident tuition fees if they attended Lake Tahoe Community College. SB 436 (Dahle), Chapter 573, Statutes of 2021, removed SB 605’s sunset date, thereby making the exemption for up to 200 students permanent.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: March 21, 2023
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
ABPCA Bill Id:AB 91 (
Author:Alvarez) – As Amended Ver:March 13, 2023
SUBJECT: Community colleges: exemption from nonresident tuition fee: San Diego and Imperial Counties Community Colleges Association.
SUMMARY: Exempts, until January 1, 2029, from the nonresident tuition fee, a nonresident, low-income student who is a resident of México (MX), registers for lower division courses at a San Diego and Imperial Counties Community Colleges Association (SDICCCA) college, as defined, and has residence within 45 miles of the California-Mexico border. Specifically, this bill:
- States the intent of the Legislature is to increase the pathways by which nonresident students who reside near the California-México border, and who might otherwise experience financial hardships, attend community colleges near the border.
- Exempts a student who meets all of the following criteria from being charged nonresident tuition and fees:
- Is a nonresident, low-income student who is a resident of México;
- Registers for lower division courses at a SDICCCA college; and,
- Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
- Requires SDICCCA to adopt rules and regulations that accomplish all of the following:
- Determine a student’s residence classification;
- Establish procedures for an appeal and review of the residence classification; and,
- Determine whether a student is low income.
- Requires that a governing board of a community college district (CCD) with a SDICCCA college must, as a condition of its students receiving an exemption, approve all rules and regulations, as enumerated in (3) above.
- Stipulates that no more than 150 full-time equivalent students (FTES) at each SDICCCA college will be exempted from payment of a nonresident tuition fee in any academic year.
- Requires that on or before January 1, 2028, SDICCCA must submit a report to the Legislature that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption.
- Defines, “SDICCCA college” as a community college that is a member of the San Diego and Imperial Counties Community Colleges Association.
- Sunsets the provisions of this measure on January 1, 2029.
EXISTING LAW:
- Authorizes the California Community Colleges (CCC) Board of Governors (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 (EC) Section 66801).
- Authorizes a 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. 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 (EC Section 76140).
- Prohibits non-resident students from being reported as FTES for state apportionment purposes, except where: (1) the CCD has fewer than 1,500 FTES and is within 10 miles of another state and has a reciprocity agreement with that state or participates in WICHE; or, (2) 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 or participates in WICHE, they can claim up to 100 FTES for state apportionment purposes (EC Section 76140(h)(i)).
- Exempts no more than 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 District to count these persons as resident FTES for purposes of determining California apportionment funding (EC Section 76140 (a)(6)).
- Provides that specified nonresident students exempted from paying nonresident tuition may be reported as resident FTES for purposes of state apportionment. These students are required to pay one and one-half the amount of resident fees (EC Section 76140(j)).
FISCAL EFFECT: Unknown
COMMENTS: Purpose of the measure. According to the author, “Southern California and Baja-California (MX) operates as one region where living in one country while going to school or working on the other side has been a part of everyday life for decades. It is a dynamic region with over 100,000 daily border crossings where U.S. companies already rely on employees who commute across the border. San Diego County has a robust $250 billion to $300 billion annual economy, but the fact of the matter is that the region is facing the same staffing shortages plaguing California and the nation. This is especially true in fields like nursing, emergency services and behavioral health.”
The author contends that, “This bill will allow low-income residents who live close to the border to attend some of our local community colleges to better prepare our region for the future. Creating additional avenues for education to people living in Tijuana and other border regions in Mexico would increase the available workforce in San Diego and Imperial County. Since South San Diego County lacks a four-year university, many students do not have the option to pursue an undergraduate degree. Exacerbating the problem is the high cost of living in the San Diego region, which can often make securing housing impossible.”
Additionally, the author states, “Passing Assembly Bill 91 would mitigate many of these problems and eventually, allow these students to enter the local workforce, where they would contribute to San Diego County’s thriving economy and ensure that the region remains an international player for years to come. Both Texas and Arizona have long recognized the economic benefits of facilitating cross-border education, and it is time California does too.”
Lastly, the author states, “One of the most significant barriers to higher education is the cost of tuition, which can be prohibitively expensive for many students. AB 91 will reduce the inequities in higher education by reducing the cost for lower-income individuals, first-generation college students, and students from historically marginalized communities to obtain a college education and improve their economic mobility. These students would naturally be served by the SDICCCA community colleges if living on the other side of the border had not required them to pay eight times the tuition rate.”
What is CaliBaja? According to a recent report, The CaliBaja Regional Economy: Production, Employment, Trade & Investment, published by the Knauss School of Business at the University of San Diego, CaliBaja is the label frequently used to described the binational region comprising the two southernmost California counties (San Diego and Imperial), and the Mexican municipalities that make up the state of Baja California (Ensenada, Mexicali, Rosarito, San Quintin, Tecate, and Tijuana).
Further, according to the report, CaliBaja is the largest integrated economic zone along the U.S. – México border. CaliBaja is home to 7 million inhabitants and has a regional Gross Domestic Product (GDP) of $250 billion and an estimated $70 billion in cross border trade flows.
Prior reciprocity agreements. Between 1988 and 2011, California and Nevada operated under a “Good Neighbor Policy” (GNP) that complied with existing law (see EC Section 76140(j)) and allowed LTCC to provide a waiver of nonresident tuition for Nevada and claim the adjusted apportionment. However, in 2011, the Nevada Board of Regents voted to end the GNP, meaning that Nevada residents of the Tahoe Basin were required to pay the full nonresident tuition in order to attend LTCC.
In 2015, Nevada SB 414 (Settelmeyer), Chapter 380, Statutes of 2015, was signed into law on June 5, 2015, which, in part, encouraged 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 LTCC, the Chancellor of the Nevada System of Higher Education agreed to negotiate a GNP if California enacted similar legislation. The GNP between both states went into effect after the enactment of SB 605 (Gaines) of 2015, as described in the Prior legislation section of this analysis.
Following the passage of SB 605, the CCC BOG entered into the California Nevada Interstate Attendance Agreement (CNIAA) with the Nevada System of Higher Education. The CNIAA provides reciprocity for California Basin students to attend Western Nevada College (WNC) and pay resident fees.
This measure appears to be modeled after existing law for eligible students, who are residents of Nevada and live in specified locations of Nevada, and attend college in LTCC and are able to pay specified in-state tuition and fees.
Reciprocity with other states. According to the National Conference of State Legislatures (NCSL), other states have in-state tuition agreements for Mexican students living within a specified mile radius of the border; these states include:
- The State of Texas has the Mexican Citizens with Financial Need-Border Nations Waiver. This waiver permits a small number of individuals with financial need, who are citizens of México, to enroll in any public institution of higher education in Texas, while paying the resident tuition rate. The process for applying for a tuition waiver varies from college to college. Typically, the office of the registrar processes tuition waivers. However, waivers may also be processed by the admissions and/or financial aid offices.
The Texas Legislature appropriates the funds for the waivers.
- The State of New Mexico has the Descubre Program for Mexican Students. This Program offers new students with Mexican citizenship the Descubre Tuition Rate, which is 1.5 times the in-state tuition rate. The Program does not require an application; qualified students will automatically be enrolled in the program upon admission to the New Mexico State University (NMSU) Las Cruces campus. The eligibility requirements: a) Mexican citizenship; b) Admission to NMSU; c) Enrollment in 15 new Las Cruces credits per semester; and, d) Meeting satisfactory academic progress to continue receiving the Descubre Tuition Rate each semester.
The NMSU Board of Regents approves the fiscal appropriations for the Program.
- The State of Arizona has Gatos MX Tuition Discount. Through agreements with the States of Baja California, Chihuahua, Sinaloa, and Sonora in México, qualified new incoming first-year students who are residents of said states, are eligible for the Gatos MX Discount. The Discount is a partial tuition scholarship and places 2023-2024 tuition at $19,800 per academic year (which is approximately 50% of out-of-state tuition). Students must meet a variety of specified eligibility requirements, including, but not limited to the following: a) Be first-year undergraduate admits to the University of Arizona; and, b) Will graduate high school from one of following states: i) Baja California; ii) Chihuahua; iii) Sinaloa; and, iv) Sonora.
The Arizona Board of Regents approves the fiscal appropriations for the Discount.
Committee comments. As currently drafted, this measure, in part, will, in any academic year, prohibit more than 150 FTES at each SDICCCA college from being exempted from payment of the nonresident tuition fee. While the number of FTES is limited to 150 FTES, if the pilot is successful, the number could grow.
Moving forward, the author may wish to work with the appropriate Budget Committees to ensure that funding for this measure is appropriated in the annual State Budget Act.
Additionally, as currently drafted, this measure requires that SDICCCA submit a report to the legislature on the pilot. While it is imperative for the Legislature to obtain a report with specified data on the pilot, it is presently unclear if SDICCCA is the appropriate entity to produce the report.
Moving forward, the author may wish to work with the CCCCO and SDICCCA in order to ensure the appropriate entity produces the report.
Prior legislation. SB 436 (Dahle), Chapter 573, Statutes of 2021, removes the sunset date of provisions in current law, authorizing LTCC to waive non-resident tuition fees and claim apportionment for a limited number of students residing in specified communities in the State of Nevada (in the Lake Tahoe Basin), thereby making the authorization permanent.
SB 605 (Gaines), Chapter 657, Statutes of 2015, in part, until July 1, 2022, exempts persons residing in specified communities in the State of Nevada from paying non-resident tuition fees if they attend LTCC.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers, AFL-CIO
City of Chula Vista Office of Deputy Mayor Jose Preciado
Community Health Group
Councilmember Sean Elo-Rivera, City of San Diego, District 9
Councilmember Vivian Moreno, City of San Diego, Council District 8
Cuyamaca College
Energy Communications Corp.
Governor of The State of Baja California (MX)
Grossmont-Cuyamaca Community College District
Imperial Community College District
Los Angeles Community College District
Office of Supervisor Nora Vargas, County of San Diego
Otay Mesa Chamber of Commerce
Palomar Community College District
San Bernardino Community College District
San Diego and Imperial Counties Community College Association
San Diego and Imperial Valley Hispanic Chamber of Commerce
San Diego City College
San Diego Community College District
San Diego Regional Chamber of Commerce
South County Economic Development Council
Southwestern Community College District
The City of Chula Vista, the Office of Councilmember Carolina Chavez
Opposition
None on file.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Appropriations
19MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
17MIN
Assembly Standing Committee on Higher Education
Bill Author
