Bill Text: CA AB2093 | 2023-2024 | Regular Session | Amended


Bill Title: Community colleges: California College Promise: fee waiver eligibility and funding formula.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-05-08 - In committee: Set, first hearing. Referred to suspense file. [AB2093 Detail]

Download: California-2023-AB2093-Amended.html

Amended  IN  Assembly  April 01, 2024
Amended  IN  Assembly  March 06, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2093


Introduced by Assembly Members Santiago and Cervantes
(Coauthors: Assembly Members Garcia, Jackson, Kalra, McCarty, Ortega, and Wilson)

February 05, 2024


An act to amend Sections 76396 and 76396.3 of the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 2093, as amended, Santiago. Community colleges: California College Promise: fee waiver eligibility and funding formula.
Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for first-time community college students and returning community college students, as defined, who are enrolled in 12 or more semester units or the equivalent, or less for students certified as “full time,” as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except as provided. Existing law requires the chancellor to establish a funding formula that advances the goals of the program. Existing law requires the funding formula to include, for funding appropriated for the program in excess of the funding needed to waive all student fees, the number of full-time equivalent students at a community college and the number of students at a community college who satisfy the requirements to receive federal Pell Grants and the requirements to receive a specified exemption from paying nonresident tuition.
This bill would extend the term of eligibility of the California College Promise for an additional 2 academic years for first-time community college students and returning community college students who matriculate into upper division coursework of a community college baccalaureate degree program. program, as specified. The bill also would add to the funding formula, for funding appropriated for the program in excess of the funding needed to waive all student fees, the number of students who matriculate into upper division coursework of a community college baccalaureate degree program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) As of 2022, California ranks in the top one-third of states in the nation for average student loan debt held by borrowers at $37,400.
(b) According to data from the Integrated Public Use Microdata Series, by 2019, less than 15 percent of Latinx Californians and less than 30 percent of Black Californians had attained a baccalaureate degree, while more than 40 percent of White Californians had attained a baccalaureate degree.
(c) According to data from the California Community Colleges, the California College Promise provides free tuition to approximately 1,000,000 community college students; nearly one-half of the 2,100,000 students enrolled at the California Community Colleges.
(d) In the 2021–22 academic year, 60 percent of all undergraduate students enrolled at the California State University, and 55 percent of all undergraduate students enrolled at the University of California, had their full cost of tuition covered by grants, scholarships, or waivers.
(e) The California Community Colleges currently offer 33 baccalaureate degree programs in an effort to make earning a four-year degree more attainable for all Californians.
(f) The Public Policy Institute of California has identified the need for more than 1,000,000 additional baccalaureate degree holders in California by 2030.

SEC. 2.

 Section 76396 of the Education Code is amended to read:

76396.
 (a) The California College Promise is hereby established, to be administered by the Chancellor of the California Community Colleges.
(b) (1) Upon appropriation by the Legislature, the chancellor shall distribute funding to community college districts to fund colleges that satisfy the requirements of this article.
(2) (A) The chancellor shall establish a funding formula that advances the goals outlined in Section 76396.1.
(B) It is the intent of the Legislature that sufficient funding be allocated to each community college to waive all student fees pursuant to subdivision (b) of Section 76396.3.
(C) The funding formula established pursuant to subparagraph (A) shall, for funding appropriated for this article in excess of the funding determined pursuant to subparagraph (B), include, but not be limited to, all of the following factors:
(i) Number of full-time equivalent students at a community college.
(ii) Number of students at a community college who satisfy the requirements to receive federal Pell Grants and the requirements in Section 68130.5.
(iii) Number of students at a community college who are pursuing a baccalaureate degree offered by the community college.
(c) For purposes of this article, “chancellor” means the Chancellor of the California Community Colleges.

SEC. 3.

 Section 76396.3 of the Education Code is amended to read:

76396.3.
 (a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396.
(b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140.
(2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise.
(3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation.
(4) Notwithstanding paragraph (1), a first-time community college student or a returning community college student who is enrolled full-time and who matriculates into upper division coursework of a community college baccalaureate degree program shall only receive a fee waiver pursuant to paragraph (1) for fees including, but not limited to, fees for coursework in a baccalaureate degree program described in paragraph (4) of subdivision (g) of Section 78042 and upper division baccalaureate coursework fees described in paragraph (5) of subdivision (g) of Section 78042 for only an additional two academic years.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length.
(2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia.
(3) (A) Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent.
(B) A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such a designation.
(4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters.
(d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1.
(e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met.
(f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision.

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