Bill Text: CA SB329 | 2013-2014 | Regular Session | Amended
Bill Title: Community colleges: nonresident tuition: Lake Tahoe
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-15 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB329 Detail]
Download: California-2013-SB329-Amended.html
BILL NUMBER: SB 329 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Gaines
FEBRUARY 19, 2013
An act to amend Section 76140 of the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 329, as amended, Gaines. Community colleges: nonresident
tuition: Lake Tahoe Community College.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts throughout the state, including the Lake Tahoe Community
College District, and authorizes them to operate campuses and provide
instruction to students. Existing law authorizes community college
districts to admit nonresident students, and requires that
nonresident students be charged a nonresident tuition fee unless an
exemption is applicable.
This bill would exempt from the nonresident tuition fee students
who attend Lake Tahoe Community College and who have residence in one
of several designated communities in Nevada, as provided. The bill
would require the governing board of the Lake Tahoe Community College
District to adopt rules and regulations for determining a student's
residence classification and for establishing procedures for an
appeal and review of the residence classification. By imposing a new
duty on the Lake Tahoe Community College District, the bill would
create a state-mandated local program.
This bill would make a legislative finding and declaration as to
the necessity of a special statute for the Lake Tahoe Community
College District with respect to students who reside in nearby
communities located in Nevada.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76140 of the Education Code, as added by
Section 66 of Chapter 38 of the Statutes of 2012, is amended to read:
76140. (a) A community college district may admit and shall
charge a tuition fee to nonresident students. The district may exempt
from all or parts of the fee any person described in paragraph (1),
(2), (3), or (4):
(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 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
(B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
(C) This paragraph shall apply only to the 2005-06 academic year.
(4) (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) (i) Residence shall be determined pursuant to Article 5
(commencing with Section 68060) of Chapter 1 of Part 41 of Division
5. A person shall have residence in one of the communities listed in
subparagraph (A) if the person has lived in the community for more
than one year immediately prior to seeking the fee exemption pursuant
to this paragraph.
(ii) The governing board of the Lake Tahoe Community College
District shall adopt rules and regulations for determining a student'
s residence classification and for establishing procedures for an
appeal and review of the residence classification.
(b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s 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 February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
(A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
(B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
(C) An amount not to exceed the fee established by the governing
board of any contiguous district.
(D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
(E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
(2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
(i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
(j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3)
or (4) of subdivision (a), from the mandatory fee requirement
described in subdivision (a) for nonresident students may be reported
as resident FTES for state apportionment purposes. Any nonresident
student reported as resident FTES for state apportionment purposes
pursuant to subdivision (h) or (i) shall pay a per unit fee that is
three times the amount of the fee established for residents pursuant
to Section 76300. That fee is to be included in the FTES adjustments
described in Section 76330 for purposes of computing apportionments.
(k) This section shall become operative on July 1, 2013.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the Lake Tahoe Community
College District with respect to students who reside in nearby
communities located in Nevada.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
