SECTIONS 76140-76143 - California Statutes

EDUCATION CODE

SECTION 76140-76143

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),
or (3):
(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.
(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 may 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) 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 fee of forty-two dollars ($42)
per course unit. That fee is to be included in the FTES adjustments
described in Section 76330 for purposes of computing apportionments.

76140.3. (a) The Chancellor's Office of the California Community
Colleges shall make available to the Legislative Analyst's Office all
of the following data, categorized by community college district and
by academic year, commencing with the 2009-10 academic year:
(1) The number of resident students, rendered both as headcount
and as full-time equivalent students (FTES), including an
identification of any resident enrollment above the district's cap.
(2) The number of nonresident students, rendered both as headcount
and as FTES.
(3) The per-unit nonresident tuition rate.
(4) The total amount of revenue received from nonresident tuition.
(5) The total apportionment funding received by the district.
(b) The Legislative Analyst's Office shall include, in its annual
analysis of the Governor's budget proposal, a summary of the data
made available pursuant to subdivision (a), as well as an analysis of
the degree to which the affected community colleges have complied
with the requirements of paragraph (2) of subdivision (e) of Section
76140.

76140.5. Notwithstanding Section 76140, a community college may
classify a nonresident student who has been hired by a public agency,
as a resident for purposes of enrollment in and completion of police
academy training courses at a community college, if the student has
passed all other requirements of the public agency and if written
assurances are provided by the public agency that it intends to
classify the student as a peace officer upon successful completion of
the police academy training course.

76141. (a) In addition to the nonresident tuition fee established
pursuant to Section 76140, a community college district may charge to
nonresident students an amount not to exceed the amount that was
expended by the district for capital outlay in the preceding fiscal
year divided by the total full-time equivalent students of the
district in the preceding fiscal year.
(b) Any fee charged pursuant to this section shall not exceed 50
percent of the nonresident tuition fee established pursuant to
Section 76140.
(c) (1) Any student who can demonstrate economic hardship, or who
is a victim of persecution or discrimination in the country in which
the student is a citizen and resident, is exempt from this fee.
(2) For purposes of this section, the governing board of each
community college district that chooses to impose the fee authorized
by this section shall adopt a definition of economic hardship that
encompasses the financial circumstances of a person who is a
recipient of benefits under the Temporary Assistance for Needy
Families program described in Part A of Title IV of the Social
Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental
Income/State Supplementary Program, or a general assistance program.
(d) Revenue from any fee charged pursuant to this section shall be
expended only for purposes of capital outlay, maintenance, and
equipment.

76142. (a) A community college district may charge nonresident
applicants who are both citizens and residents of a foreign country a
processing fee not to exceed the lesser of: (1) the actual cost of
processing an application and other documentation required by the
federal government, or (2) one hundred dollars ($100), which may be
deducted from the tuition fee at the time of enrollment.
(b) No processing fee shall be charged to an applicant who would
be eligible for an exemption from nonresident tuition pursuant to
Section 76140 or who can demonstrate economic hardship. For purposes
of this section, the governing board of each community college
district that chooses to impose the fee authorized by this section
shall adopt a definition of economic hardship that includes the
financial circumstances of a person who is a victim of persecution or
discrimination in the foreign country in which the applicant is a
citizen and resident, or who is a recipient of benefits under the
Temporary Assistance for Needy Families program described in Parts A
and F of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et
seq.), the Supplemental Income/State Supplementary Program, or a
general assistance program.

76143. For purposes of the nonresident tuition fee, a community
college district shall disregard the time during which a student
living in the district resided outside the state, if:
(1) The change of residence to a place outside the state was due
to a job transfer and was made at the request of the employer of the
student or the employer of the student's spouse or, in the case of a
student who resided with, and was a dependent of, the student's
parents, the change of residence was made at the request of an
employer of either of the student's parents.
(2) Such absence from the state was for a period of not more than
four years.
(3) At the time of application for admission to a college
maintained by the district, the student would qualify as a resident
if the period of the student's absence from the state was
disregarded.
A nonresident tuition fee shall not be charged to a student who
meets each of the conditions specified in subdivisions (1) to (3),
inclusive.