Bill Text: CA SB969 | 2009-2010 | Regular Session | Amended
Bill Title: Public postsecondary education: student fee policy.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2010-08-18 - Read second time. To third reading. [SB969 Detail]
Download: California-2009-SB969-Amended.html
BILL NUMBER: SB 969 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2010
AMENDED IN ASSEMBLY JUNE 28, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 28, 2010
INTRODUCED BY Senators Liu and Romero
(Principal coauthor: Senator Price)
(Coauthor: Senator Hancock)
FEBRUARY 5, 2010
An act to add Article 3.5 (commencing with Section 66027) to
Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code,
relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 969, as amended, Liu. Public postsecondary education: student
fee policy.
Existing law, known as the Donahoe Higher Education Act, provides
for a public postsecondary education system in this state. This
system consists of the University of California, the California State
University, and the California Community Colleges. Existing law
authorizes these institutions to require that mandatory systemwide
fees, among other fees, be paid by students at these institutions.
The provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the Regents of the
University of California act by resolution to make them applicable.
This bill would express the intent of the Legislature to limit
mandatory systemwide fees that are charged to resident undergraduate
students enrolled in the University of California and the California
State University to a specified amount, based on the average total
cost of education, as defined, that students paid in the first
semester of the 2010-11 academic year in the respective segments. The
bill would prohibit the trustees and the regents from increasing
those mandatory systemwide fees by an amount exceeding a specified
percentage of those fees charged to students for the immediately
preceding academic year only in an academic year for which the annual
Budget Act has provided the University of California and the
California State University with specified resources.
The
This bill would prohibit a specified
any increase in the mandatory systemwide
fee increase fees charged to a resident
undergraduate student enrolled in the University of California or the
California State University adopted on or after July 1, 2011,
from being effective before 6 3 months
have elapsed after the date on which the fee increase is adopted
, except in an academic year in which state appropriations
have not been authorized in the annual Budget Act by September 30, in
which case increases in the mandatory systemwide fees charged would
not become effective before 90 days have elapsed after the date on
which the fee increase is adopted . The bill would also
require the regents and the trustees Trustees
of the California State University to develop methodologies
for the adjustment of fees in accordance with a prescribed procedure.
The bill, commencing with the 2011-12 academic year, would require
the Legislative Analyst's Office to annually review, and report to
the Legislature, its findings, conclusions, or recommendations
regarding the implementation of policies implemented pursuant to the
bill.
This bill would provide that its provisions would not apply to the
University of California, except to the extent that the
Regents of the University of California regents
adopt a resolution making them applicable. The bill would request the
regents to adopt policies that are consistent with this bill.
These provisions would become operative on July 1, 2011.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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) The state has long recognized the value of providing broad
access to postsecondary education to the state's citizens. It has
demonstrated that commitment by investing in postsecondary education
and maintaining public student fee levels that are fiscally
responsible and affordable. The student fee principles expressed
herein seek to continue the state's historic commitment to ensuring
access and maintaining quality throughout the state's public
universities while recognizing the fiscal challenges that confront
both the state and postsecondary education.
(b) Historically, the state has borne the preponderance of
responsibility for providing the fiscal resources necessary to ensure
that all eligible state residents have access to high-quality
educational opportunities at the state's public colleges and
universities. Further, the state bears the principal and overarching
responsibility for ensuring that all financially needy students have
the financial assistance necessary for them to enroll in institutions
of higher education and complete their postsecondary education
objectives.
(c) Changes in resident student fees or in student financial aid
funding or packaging policies should take into consideration the
total cost to the student of attending the university, including
mandatory campus-based student fees, housing and living expenses, as
well as all other expenses associated with university attendance.
(d) Any necessary increases in mandatory systemwide fees should be
accompanied by appropriate increases in funding for need-based
student financial aid.
SEC. 2. Article 3.5 (commencing with Section 66027) is added to
Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code,
to read:
Article 3.5. Student Fee Policy
66027. The following state policies regarding mandatory
systemwide resident fees and financial aid are established for
undergraduate students enrolled in the state's public universities:
(a) The total cost of a public postsecondary education should be a
shared responsibility of students, families, and the State of
California. However, in order to keep resident undergraduate student
fees at the state's public universities as low and affordable as
possible, the state shall bear the preponderance of responsibility
for funding postsecondary education.
(b) So that students and their families can better prepare
financially for college expenses, any changes in resident student
fees should be gradual, moderate, and predictable. Any potential
adjustments in resident student fees should take into consideration,
and be balanced with, available state General Fund revenues to ensure
that the access, quality, and affordability of the state's public
universities are not adversely affected.
(c) Changes in resident student fees should take into
consideration a number of factors, including the total cost of
educating a student, the appropriate share of the cost of instruction
to be paid by the student, and information concerning families'
ability to pay. Student financial aid policy and programs should
ensure affordability for students from all income levels. Recognition
of these indicators will better ensure that changes in resident
student fees are gradual and moderate.
(d) As changes in resident student fees and financial aid
resources are considered, the state should have an understanding of
the impact that these changes will have on both current and
prospective students. Efforts should be employed to mitigate any
negative impact on financially needy students.
(e) To the extent that budget decisions are made in a timely
manner, adequate advance notice should be provided to students
regarding future student fees, thereby allowing them and their
families greater time to prepare for the fees to be assessed.
(f)
(e) In order to ensure that access is not precluded for
any eligible student, but particularly financially needy students,
all current and prospective students should be provided with timely
information concerning student financial aid, including the processes
associated with applying for and obtaining student financial
assistance.
(g)
(f) Student fee and financial aid policies should
encourage and promote a student's timely completion of the
requirements necessary for degree attainment.
(h)
(g) To ensure that financially needy students are
provided with assistance in managing the total cost of their
university attendance, financial aid programs, including
institutional aid, should be aligned with the distinct financial
needs of the systems' student populations and student fee levels.
(i)
(h) Revenues derived from student fees should remain
within the respective university system's budget in order to provide
benefits to the students enrolled within the system.
66027.1. (a) It is the intent of the Legislature that, for the
University of California and the California State University, the
mandatory systemwide fees charged to resident undergraduate students
for any academic year not exceed the percentage of average total cost
of education that students paid in the first semester of the 2010-11
academic year.
(b) This section shall not be construed to require the trustees or
the regents to reduce the mandatory systemwide fees charged to
resident undergraduate students below the level that existed for the
2010-11 academic year.
66027.2. (a) In any academic year, the trustees and the regents
shall not increase the mandatory systemwide fees charged to resident
undergraduate students enrolled in the respective institutions by an
amount exceeding the percentage change in the state per capita
personal income in the prior fiscal year. It is the intent of the
Legislature that the total amount of mandatory systemwide fees, as
increased, not exceed the limits described in Section 66027.1.
(b) If the percentage change in the state per capita personal
income as determined pursuant to subdivision (a) is negative, the
change in per capita personal income for purposes of increasing fees
shall be deemed to be zero.
(c) This section shall only be operative in an academic year for
which the annual Budget Act has provided the University of California
and the California State University with sufficient resources to
fund the cost-of-living adjustments and enrollment growth funded at
the marginal cost of instruction as adjusted annually.
66027.3. (a)
66027.1. Any increase in the mandatory systemwide fees
charged to a resident undergraduate student enrolled in the
University of California or the California State University that is
adopted on or after July 1, 2011, shall not become effective before
six three months have elapsed after the
date on which the fee increase is adopted.
(b) In any academic year in which state appropriations have not
been authorized in the annual Budget Act by September 30, subdivision
(a) shall not be operative. In those academic years, no increase in
the mandatory systemwide fees charged shall become effective before
90 days have elapsed after the date on which the fee increase is
adopted.
66027.4. 66027.2. To carry out the
responsibilities of this section, the regents and the trustees shall
each develop a rational and transparent methodology for adjusting
mandatory systemwide resident student fees consistent with the
student fee policy principles set forth in Section 66027. These
methodologies shall be developed in consultation with appropriate
student representatives through student fee advisory committees and,
once developed, shall be formally adopted by the regents and the
trustees, respectively, in open public meetings. The annual budgets
of the segments shall be drafted on the basis that fees will change
in accordance with the methodology established under this section,
and shall specify the purposes for which any revenues derived from an
increase in fees will be used.
66027.5. 66027.3. Following the
final action of its governing body, each system shall employ
appropriate procedures to notify students of the student fees to be
assessed in the upcoming academic year. In addition, each system
shall simultaneously provide students with information concerning the
availability of student financial aid and the procedures for
obtaining that aid in order to assist students with meeting the
increased costs of university attendance.
66027.6. 66027.4. (a) Commencing
with the 2011-12 academic year, the regents and the trustees shall
annually provide the Legislative Analyst's Office, prior to February
1, with estimates of the total cost of education, categorized
specifically by per student undergraduate and graduate
education costs. in both of the following ways:
(1) Specifically by per student undergraduate and graduate
education costs.
(2) By fixed costs, variable costs, administrative costs,
instructional costs, and student services costs.
(b) Commencing with the 2012-13 academic year, the Legislative
Analyst's Office shall annually review, prior to March 1,
institutional compliance with the policies set forth in this article,
and report, in writing, to the Legislature findings, conclusions, or
recommendations regarding the implementation of these policies. This
report shall include an assessment of the information provided by
the regents and the trustees pursuant to subdivision (a).
(c) A report submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795 of the Government Code.
66027.7. 66027.5. As used in this
article, the following terms have the following meanings:
(a) (1) "Average total cost of education" means the amount
calculated by dividing the total cost of education for the University
of California or the California State University, whichever is
applicable, by the total number of full-time equivalent students
enrolled at that segment.
(2) For purposes of paragraph (1), "total cost of education"
means, for the University of California and the California State
University, the sum of appropriations and projected revenues from all
of the following:
(A) The General Fund.
(B) Higher education fees and income.
(C) The California State Lottery Education Fund.
(b) "Mandatory systemwide fees" means the fees that all students
enrolled in the California State University or the University of
California are required to pay in order to enroll in courses for the
academic term pursuant to any law or any policy adopted by the
governing boards of the respective segments.
(c) "Regents" means the Regents of the University of California.
(d) "Resident" means a student who is exempt from paying
nonresident tuition pursuant to Chapter 1 (commencing with Section
68000) of Part 41.
(e) "State per capita personal income" means calendar fourth
quarter California personal income for the prior fiscal year, as
estimated by the Bureau of Economic Analysis of the United States
Department of Commerce, divided by the California civilian
population, as estimated by the Department of Finance pursuant to
subdivision (d) of Section 13308 of the Government Code.
(f)
(e) "Trustees" means the Trustees of the California
State University.
66027.8. 66027.6. (a) This article
shall not apply to the University of California, except to the extent
that the regents, by appropriate resolution, make this article
applicable.
(b) The regents are requested to adopt policies governing
increases in mandatory systemwide fees that are consistent with this
article.
66027.9. 66027.7. This article
shall become operative on July 1, 2011.
