Today's Law As Amended


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AB-2364 Public postsecondary education: community colleges: exemption from nonresident tuition.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 76004 of the Education Code is amended to read:

76004.
 Notwithstanding Section 76001 or any other law:
(a) (1)  The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education  for the purpose of offering or expanding dual enrollment opportunities for pupils students  who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.
(3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children.
(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education  partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. districts.  As a condition of adopting  of, and before adopting,  a CCAP partnership agreement, the governing board of each partner shall do both of the following: district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement. 
(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.
(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.
(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, partnership  and shall include, but not necessarily  be limited to, the total number of high school pupils students  to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; students;  the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil’s participation in the CCAP partnership. 
(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education  partner.
(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section, section  or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e) A community college district shall not enter into a CCAP partnership with a school district or a county office of education  within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.
(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.
(g) (1)  A community college district participating in a CCAP partnership shall may  assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with the  middle college high school provisions in Section 76001.
(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college.
(h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or convicted of  any controlled substance offense as defined in Section 87011.
(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k) The CCAP partnership agreement shall include a plan certification  by the participating community college district to ensure both of  of all of  the following:
(1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2) A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership.
(2) (3)  Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in  pursuant to  Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l) The CCAP partnership agreement shall certify that both the school district or county office of education  and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m) The CCAP partnership agreement shall specify both of the following:
(1) Which partner  participating district  will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2) Which partner  participating district  will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n) The CCAP partnership agreement shall certify that any pretransfer-level remedial  course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils students  who do not meet their grade level standard in mathematics, math,  English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education,  district,  and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer remediation  course as an intervention in the pupil’s student’s  junior or senior year to ensure that  the pupil student  is prepared for college-level work upon graduation.
(o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils students  if the course is offered at a high school campus, either in person or using an online platform,  campus  during the regular schoolday  school day  and the community college course is offered pursuant to a CCAP partnership agreement.
(2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p)  shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus,  if all of the following circumstances are satisfied:
(1) The units constitute no more than four community college courses per term.
(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program  special part-time students described in subdivision (p)  from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(r) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus.
(s) (r)  A district or county office of education  shall not receive a state allowance or apportionment for an instructional activity for which the partner  partnering district  has been, or shall be, paid an allowance or apportionment.
(t) (s)  (1)  The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district or county office of education  has received reimbursement for the same instructional activity.
(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.
(u) (t)  (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education  shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B) The total number of community college courses, courses  by course category and type and by schoolsite, schoolsite  enrolled in by CCAP partnership participants.
(C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants.
(2) On or before May 1 of each year,  January 1, 2021,  the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a report of that information to all  prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both  of the following:
(A) The Legislature, in compliance with Section 9795 of the Government Code. Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced. 
(B) The Director of Finance. Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships. 
(C) The Superintendent.
(3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(4) (u)  On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement. The annual report required by subdivision (t) shall also be transmitted to all of the following: 
(1) The Legislature, in compliance with Section 9795 of the Government Code.
(2) The Director of Finance.
(3) The Superintendent.
(v) A community college district that violates this article, including, but not necessarily  limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w) The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide.
(w) (x)  This section does not  Nothing in this section is intended to  affect a dual enrollment partnership agreement existing on January 1, 2016,  the effective date of this section  under which an early college high school, a middle college high school, or a  California Career Pathways Trust existing on January 1, 2016,  the effective date of this section  is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016,  the effective date of this section  shall not operate as a CCAP partnership unless it complies with the provisions of  this section.
(x) (y)  The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. 

SEC. 2.

 Section 76140 of the Education Code, as amended by Section 2.5 of Chapter 576 of the Statutes of 2013, is amended to read:

76140.
 (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3),  or (6), (3),  and shall exempt from all of the fee any person described in paragraph (4), (5),  (4)  or (7): (5): 
(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 the student’s  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 special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to  nonimmigrant alien within the meaning of  paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s  his or her  parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s  his or her  secondary school attendance.
(F) Upon enrollment, the student  will be in the student’s  his or her  first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student  he or she  intends to establish residency in California as soon as possible.
(6) (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) 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 before seeking the fee exemption pursuant to this paragraph.
(C) 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. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b) A community college  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 may  not be charged.
(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district  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 community college  district for the expense of education as defined by the California Community Colleges 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 community college  district in the preceding fiscal year. However, if for the community college  district’s preceding fiscal year FTES of all students attending in the community college  district in noncredit courses is equal to, or greater than, 10 percent of the community college  district’s total FTES attending in the community college  district, the community college  district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college  district.
(B) The expense of education in the preceding fiscal year of all community college  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 community college  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 community college  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 community college  district.
(D) An amount not to exceed the amount that was expended by the community college  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. The  In no event shall the  admission of nonresident students shall not  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 to  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 community college  district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h) Any community college  district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the  state from the  mandatory fee requirement described in subdivision (a) for nonresident students.
(i) Any community college  district that has more than 1,500, but fewer less  than 3,001, FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the  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), (4), (5),  or (6) (5)  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 who is exempt  pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), subdivision (h) or (i)  shall pay a per-unit  per unit  fee that is one and one-half  three  times the amount of the fee established for residents pursuant to Section 76300. That fee shall  is to  be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

SEC. 3.

 Section 76140 of the Education Code, as amended by Section 1 of Chapter 657 of the Statutes of 2015, is amended to read:

76140.
 (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5),  (4)  or (7): (5): 
(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 the student’s  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 special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to  nonimmigrant alien within the meaning of  paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s  his or her  parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s  his or her  secondary school attendance.
(F) Upon enrollment, the student  will be in the student’s  his or her  first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student  he or she  intends to establish residency in California as soon as possible.
(6) (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) 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 before  prior to  seeking the fee exemption pursuant to this paragraph.
(C) 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. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b) A community college  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 may  not be charged.
(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district  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 community college  district for the expense of education as defined by the California Community Colleges 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 community college  district in the preceding fiscal year. However, if for the community college  district’s preceding fiscal year FTES of all students attending in the community college  district in noncredit courses is equal to, or greater than, 10 percent of the community college  district’s total FTES attending in the community college  district, the community college  district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college  district.
(B) The expense of education in the preceding fiscal year of all community college  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 community college  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 community college  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 community college  district.
(D) An amount not to exceed the amount that was expended by the community college  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. The  In no event shall the  admission of nonresident students shall not  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 to  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 community college  district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h) Any community college  district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the  state from the  mandatory fee requirement described in subdivision (a) for nonresident students.
(i) Any community college  district that has more than 1,500, but fewer less  than 3,001, FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the  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), (4), (5), or (6) 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 who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit  per unit  fee that is one and one-half  three  times the amount of the fee established for residents pursuant to Section 76300. That fee shall  is to  be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Section 76140 of the Education Code, as added by Section 2 of Chapter 657 of the Statutes of 2015, is amended to read:

76140.
 (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3),  or (6), (3),  and shall exempt from all of the fee any person described in paragraph (4), (5),  (4)  or (7): (5): 
(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 the student’s  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 special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to  nonimmigrant alien within the meaning of  paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s  his or her  parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s  his or her  secondary school attendance.
(F) Upon enrollment, the student  will be in the student’s  his or her  first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student  he or she  intends to establish residency in California as soon as possible.
(6) (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) 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 before seeking the fee exemption pursuant to this paragraph.
(C) 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. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b) A community college  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 may  not be charged.
(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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 of a community college district  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 community college  district for the expense of education as defined by the California Community Colleges 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 community college  district in the preceding fiscal year. However, if for the community college  district’s preceding fiscal year FTES of all students attending in the community college  district in noncredit courses is equal to, or greater than, 10 percent of the community college  district’s total FTES attending in the community college  district, the community college  district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college  district.
(B) The expense of education in the preceding fiscal year of all community college  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 community college  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 community college  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 community college  district.
(D) An amount not to exceed the amount that was expended by the community college  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. The  In no event shall the  admission of nonresident students shall not  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 to  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 community college  district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h) Any community college  district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the  state from the  mandatory fee requirement described in subdivision (a) for nonresident students.
(i) Any community college  district that has more than 1,500, but fewer less  than 3,001, FTES and whose boundary is within 10 miles of another state that either (1)  has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  fees  may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the  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), (4), (5),  or (6) (5)  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 who is exempt  pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), subdivision (h) or (i)  shall pay a per-unit  per unit  fee that is one and one-half  three  times the amount of the fee established for residents pursuant to Section 76300. That fee shall  is to  be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k) This section shall become operative on July 1, 2022.
SEC. 5.
 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.