Today's Law As Amended

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AB-938 Public postsecondary education: fees.(2013-2014)



SECTION 1.

 Section 89712 of the Education Code is amended to read:

89712.
 (a) (1) Neither a  A  campus of the California State University, nor or  the Chancellor of the California State University shall  University, or both, shall not  approve a new student success fee or an increase to an existing student success  student success  fee, as defined in subdivision (g), before all of the following requirements are satisfied: (d), before January 1, 2016. 
(A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase.
(B) The campus informs its students of all of the following circumstances, which shall apply to these fees:
(i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c).
(ii) That a student success fee shall not be rescinded earlier than six years following the vote to implement the fee.
(iii) (2)  If any portion of the  A campus of the California State University that has implemented a  student success fee is committed to support a long-term obligation, that portion of the fee shall not be rescinded until the obligation has been satisfied. shall use its institutional aid to pay the cost of the student success fee for low-income students. 
(C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and a majority of the student body voting on the fee must vote affirmatively.
(2) Implementation of a fee supported by a majority of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University.
(3) A student success fee proposal shall not be brought before the student body more frequently than once per academic year.
(b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee.
(c) (b)  (1) During  Student success fees may be rescinded with a binding student vote if a simple majority of those students voting vote to rescind the fee. The student vote shall comply with   the 2014–15 fiscal year, the chancellor shall conduct a review of the California State University Student Fee Policy relating to student success fees and recommend to the trustees changes to the fee policy. In conducting the review and preparing recommended changes to the fee policy, the chancellor shall consider  all of the following:
(A) (1)  A campus decision to vote is formally approved by the recognized student government. The approval process for student success fees, including, but not limited to, the benefit of using a student election or the consultative process in the approval process. 
(B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year.
(C) (2)  In the process of reconsidering a  The need for statewide policies governing a student election, the consultative process, or both, for approving a proposed  student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied. including, but not necessarily limited to, policies requiring campuses to issue a voter pamphlet, or other informational document, or both, that provides an objective analysis of the proposed fee, a detailed description of the proposed fee uses, statements for and against the proposed fee action, and a notification to students regarding the dates, times, and locations available to either vote, for purposes of a student election, or confer with campus leadership, for purposes of the consultative process, regarding a proposed fee. 
(3) The means to improve transparency and accountability regarding a campus’ use of student success fee funds for the benefit of members of the campus’ community, including, but not necessarily limited to, students, faculty, staff, and the general public.
(4) The development of an annual report describing the use of student success fee funds by each campus in the prior academic year, to be posted on each campus’ Internet Web site.
(2) (5)  A new contractual or other obligation that would be supported by the rescinded The approval of a statewide policy to prohibit a campus from implementing a  student success fee shall not be entered into following a vote to rescind the fee. for a period exceeding five years unless a continuance of that fee is approved by an affirmative vote of the majority of the student body voting, or through the consultative process. Approval to continue an approved fee shall be required every five years. 
(6) The impact of student success fees on campuses’ academic programs and services available for students, including, but not necessarily limited to, low-income students.
(7) A provision for financial assistance to offset the cost of the fee for low-income students.
(d) (c)  (1)  The Chancellor of the  chancellor shall report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature, on or before February 1, 2015, regarding the chancellor’s proposed revisions to the  California State University shall ensure that all of the following occur on each campus: Student Fee Policy related to student success fees. 
(1) There is majority student representation in campus student success fee allocation oversight groups.
(2) There is an annual report from each campus to the chancellor on student success fees.
(3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees.
(e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section.
(f) (2)  The chancellor shall report, by December 1 of each year, to the Department of Finance, and the Legislature  This subdivision is inoperative on January 1, 2019,  pursuant to Section 9795 10231.5  of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees. Code. 
(d) For purposes of this section, the following terms have the following meanings:
(1) “Low-income student” means an undergraduate student who has an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during the student’s matriculation at the institution that would qualify the student to receive a federal Pell Grant. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that applicant.
(g) (2)  For purposes of this section, a  A  “student success fee” is a type of category II campus-based mandatory fee that is required to  must  be paid by a student before that student may  to  enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University.