| 1 | | - | Assembly Bill No. 3255 CHAPTER 505 An act to amend Sections 44230, 66025.9, 68075, 68101, 69432.7, 69439, 69562, 76140, and 84760.5 of, to amend and repeal Sections 68130.5 and 89007.7 of, and to add Section 44230.6 to, the Education Code, relating to postsecondary education. [ Approved by Governor September 18, 2018. Filed with Secretary of State September 18, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 3255, Committee on Higher Education. Postsecondary education: omnibus bill.(1) Existing law requires the Commission on Teacher Credentialing to maintain for public record certain enumerated information and authorizes the commission to disclose that information. Existing law generally prohibits the disclosure by the commission of information absent an order from a court of competent jurisdiction.This bill would, for purposes of the ongoing evaluation of teacher preparation programs at the California State University, authorize the commission to provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects to the extent that the disclosure is permitted by state and federal privacy laws.(2) Existing law requires a postsecondary educational institution that is a qualifying institution under the Cal Grant program to designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as its homeless and foster student liaison. Existing law requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority for registration for enrollment to a foster youth or former foster youth, as defined, and, until January 1, 2020, to a homeless youth, as defined.This bill would add homeless and foster student liaisons to the groups for whom priority for registration for enrollment is required or requested under that provision. Because the bill would amend the requirements relating to student eligibility for priority registration at community college campuses, the bill would impose a state-mandated local program. (3) Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Chancellor of the California Community Colleges. Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state on active duty, except as specified.This bill would entitle a student to resident classification for that same purpose if the student is a member of the Armed Forces of the United States stationed in the state, regardless of whether the student is on active duty, subject to the same exception. The bill would define Armed Forces of the United States for this purpose. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.(4) Existing law authorizes a community college district to accept the determination of another community college district as to a students residency classification, if certain conditions are satisfied relating to cross-enrollment in online education.This bill would instead authorize a community college district to accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if those conditions are satisfied.(5) Existing law exempts a student, other than a nonimmigrant alien, as defined, from nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of attendance, or attainment of equivalent credits earned while in California, at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, or if the student completes 3 or more years of full-time high school coursework, and a total of 3 or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.This bill would specify that the 3 or more years of full-time high school coursework referenced above as part of the requirements in existing law be in California.(6) The Cal Grant Program establishes the Cal Grant A and Cal Grant B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. For purposes of the Cal Grant Program, existing law defines access costs as living expenses, transportation expenses, supplies, and books.This bill would include technology within the meaning of access costs for purposes of the Cal Grant Program and would make a related conforming change for purposes of Cal Grant C awards.(7) Existing law requires the Student Aid Commission to establish a 12-member advisory panel, which includes one representative of the California Postsecondary Education Commission and one college campus financial aid officer appointed by the commission.This bill would remove from the advisory panels membership the one representative of the California Postsecondary Education Commission and would add one additional campus financial aid officer appointed by the commission to the advisory panels membership.(8) Existing law authorizes community college districts to admit nonresident students, and requires community college districts to charge a tuition fee to nonresident students, with specified exceptions. Existing law requires the governing board of each community college district to set the nonresident tuition fee not later than February 1 of each year for the succeeding fiscal year.This bill would instead require the governing board of each community college district to set the nonresident tuition fee not later than March 1 of each year for the succeeding fiscal year.(9) 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, and authorizes them to provide instruction at the campuses they operate. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges, and requires the chancellor to execute the duties and responsibilities delegated to him or her by the board of governors. The duties and responsibilities of the chancellor include the submission, on or before July 1 of each year, of a report to the Department of Finance and the Legislature including, among other information, the amount of full-time equivalent students claimed by each community college district for career development and college preparation courses and classes and the related specific certificate programs and course titles.This bill would instead require this report to be submitted to the Department of Finance and the Legislature on or before November 1 of each year.(10) Existing law states a finding and declaration of the Legislature relative to the California State Universitys Early Start Program and requires, on or before January 1, 2019, that the Legislative Analysts Office, in consultation with the university, submit a report to the Legislature including specified data relating to the California State University Early Start Program. Existing law makes these provisions inoperative on January 1, 2019, and repeals them on January 1, 2020.This bill would (1) include a new finding and declaration of the Legislature regarding an August 2017 Executive order of the Trustees of the California State University that makes changes to the universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the Early Start Program, (2) delete the report on the California State University Early Start Program, (3) require, by December 1, 2021, that the Legislative Analysts Office submit a report to the Legislature detailing the impact of policy changes required pursuant to the executive order relative to incoming freshmen identified as in need of remediation, and (4) make the operative and repeal dates for these provisions January 1, 2021, and January 1, 2022, respectively.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44230 of the Education Code is amended to read:44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation.SEC. 2. Section 44230.6 is added to the Education Code, to read:44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).SEC. 3. Section 66025.9 of the Education Code is amended to read:66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution.SEC. 4. Section 68075 of the Education Code is amended to read:68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution.SEC. 5. Section 68101 of the Education Code is amended to read:68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium.SEC. 6. Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read:68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential.SEC. 7. Section 68130.5 of the Education Code, as amended by Section 8 of Chapter 69 of the Statutes of 2016, is repealed.SEC. 8. Section 69432.7 of the Education Code is amended to read:69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards.SEC. 9. Section 69439 of the Education Code is amended to read:69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 69562 of the Education Code is amended to read:69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission.SEC. 11. Section 76140 of the Education Code, as amended by Section 3 of Chapter 299 of the Statutes of 2016, 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. 12. Section 76140 of the Education Code, as amended by Section 4 of Chapter 299 of the Statutes of 2016, 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022.SEC. 13. Section 84760.5 of the Education Code is amended to read:84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding.SEC. 14. Section 89007.7 of the Education Code is amended to read:89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.SEC. 15. 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. |
|---|
| 1 | + | Enrolled September 04, 2018 Passed IN Senate August 27, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 21, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3255Introduced by Committee on Higher Education (Assembly Members Medina (Chair), Baker (Vice Chair), Arambula, Bloom, Chvez, Irwin, Kiley, Levine, Low, Patterson, Quirk-Silva, Santiago, and Weber)March 15, 2018 An act to amend Sections 44230, 66025.9, 68075, 68101, 69432.7, 69439, 69562, 76140, and 84760.5 of, to amend and repeal Sections 68130.5 and 89007.7 of, and to add Section 44230.6 to, the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 3255, Committee on Higher Education. Postsecondary education: omnibus bill.(1) Existing law requires the Commission on Teacher Credentialing to maintain for public record certain enumerated information and authorizes the commission to disclose that information. Existing law generally prohibits the disclosure by the commission of information absent an order from a court of competent jurisdiction.This bill would, for purposes of the ongoing evaluation of teacher preparation programs at the California State University, authorize the commission to provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects to the extent that the disclosure is permitted by state and federal privacy laws.(2) Existing law requires a postsecondary educational institution that is a qualifying institution under the Cal Grant program to designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as its homeless and foster student liaison. Existing law requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority for registration for enrollment to a foster youth or former foster youth, as defined, and, until January 1, 2020, to a homeless youth, as defined.This bill would add homeless and foster student liaisons to the groups for whom priority for registration for enrollment is required or requested under that provision. Because the bill would amend the requirements relating to student eligibility for priority registration at community college campuses, the bill would impose a state-mandated local program. (3) Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Chancellor of the California Community Colleges. Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state on active duty, except as specified.This bill would entitle a student to resident classification for that same purpose if the student is a member of the Armed Forces of the United States stationed in the state, regardless of whether the student is on active duty, subject to the same exception. The bill would define Armed Forces of the United States for this purpose. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.(4) Existing law authorizes a community college district to accept the determination of another community college district as to a students residency classification, if certain conditions are satisfied relating to cross-enrollment in online education.This bill would instead authorize a community college district to accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if those conditions are satisfied.(5) Existing law exempts a student, other than a nonimmigrant alien, as defined, from nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of attendance, or attainment of equivalent credits earned while in California, at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, or if the student completes 3 or more years of full-time high school coursework, and a total of 3 or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.This bill would specify that the 3 or more years of full-time high school coursework referenced above as part of the requirements in existing law be in California.(6) The Cal Grant Program establishes the Cal Grant A and Cal Grant B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. For purposes of the Cal Grant Program, existing law defines access costs as living expenses, transportation expenses, supplies, and books.This bill would include technology within the meaning of access costs for purposes of the Cal Grant Program and would make a related conforming change for purposes of Cal Grant C awards.(7) Existing law requires the Student Aid Commission to establish a 12-member advisory panel, which includes one representative of the California Postsecondary Education Commission and one college campus financial aid officer appointed by the commission.This bill would remove from the advisory panels membership the one representative of the California Postsecondary Education Commission and would add one additional campus financial aid officer appointed by the commission to the advisory panels membership.(8) Existing law authorizes community college districts to admit nonresident students, and requires community college districts to charge a tuition fee to nonresident students, with specified exceptions. Existing law requires the governing board of each community college district to set the nonresident tuition fee not later than February 1 of each year for the succeeding fiscal year.This bill would instead require the governing board of each community college district to set the nonresident tuition fee not later than March 1 of each year for the succeeding fiscal year.(9) 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, and authorizes them to provide instruction at the campuses they operate. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges, and requires the chancellor to execute the duties and responsibilities delegated to him or her by the board of governors. The duties and responsibilities of the chancellor include the submission, on or before July 1 of each year, of a report to the Department of Finance and the Legislature including, among other information, the amount of full-time equivalent students claimed by each community college district for career development and college preparation courses and classes and the related specific certificate programs and course titles.This bill would instead require this report to be submitted to the Department of Finance and the Legislature on or before November 1 of each year.(10) Existing law states a finding and declaration of the Legislature relative to the California State Universitys Early Start Program and requires, on or before January 1, 2019, that the Legislative Analysts Office, in consultation with the university, submit a report to the Legislature including specified data relating to the California State University Early Start Program. Existing law makes these provisions inoperative on January 1, 2019, and repeals them on January 1, 2020.This bill would (1) include a new finding and declaration of the Legislature regarding an August 2017 Executive order of the Trustees of the California State University that makes changes to the universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the Early Start Program, (2) delete the report on the California State University Early Start Program, (3) require, by December 1, 2021, that the Legislative Analysts Office submit a report to the Legislature detailing the impact of policy changes required pursuant to the executive order relative to incoming freshmen identified as in need of remediation, and (4) make the operative and repeal dates for these provisions January 1, 2021, and January 1, 2022, respectively.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 44230 of the Education Code is amended to read:44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation.SEC. 2. Section 44230.6 is added to the Education Code, to read:44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).SEC. 3. Section 66025.9 of the Education Code is amended to read:66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution.SEC. 4. Section 68075 of the Education Code is amended to read:68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution.SEC. 5. Section 68101 of the Education Code is amended to read:68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium.SEC. 6. Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read:68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential.SEC. 7. Section 68130.5 of the Education Code, as amended by Section 8 of Chapter 69 of the Statutes of 2016, is repealed.SEC. 8. Section 69432.7 of the Education Code is amended to read:69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards.SEC. 9. Section 69439 of the Education Code is amended to read:69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 69562 of the Education Code is amended to read:69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission.SEC. 11. Section 76140 of the Education Code, as amended by Section 3 of Chapter 299 of the Statutes of 2016, 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. 12. Section 76140 of the Education Code, as amended by Section 4 of Chapter 299 of the Statutes of 2016, 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022.SEC. 13. Section 84760.5 of the Education Code is amended to read:84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding.SEC. 14. Section 89007.7 of the Education Code is amended to read:89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.SEC. 15. 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. |
|---|
| 11 | 22 | | |
|---|
| 12 | 23 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 13 | 24 | | |
|---|
| 14 | 25 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 15 | 26 | | |
|---|
| 16 | 27 | | AB 3255, Committee on Higher Education. Postsecondary education: omnibus bill. |
|---|
| 17 | 28 | | |
|---|
| 18 | 29 | | (1) Existing law requires the Commission on Teacher Credentialing to maintain for public record certain enumerated information and authorizes the commission to disclose that information. Existing law generally prohibits the disclosure by the commission of information absent an order from a court of competent jurisdiction.This bill would, for purposes of the ongoing evaluation of teacher preparation programs at the California State University, authorize the commission to provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects to the extent that the disclosure is permitted by state and federal privacy laws.(2) Existing law requires a postsecondary educational institution that is a qualifying institution under the Cal Grant program to designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as its homeless and foster student liaison. Existing law requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority for registration for enrollment to a foster youth or former foster youth, as defined, and, until January 1, 2020, to a homeless youth, as defined.This bill would add homeless and foster student liaisons to the groups for whom priority for registration for enrollment is required or requested under that provision. Because the bill would amend the requirements relating to student eligibility for priority registration at community college campuses, the bill would impose a state-mandated local program. (3) Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Chancellor of the California Community Colleges. Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state on active duty, except as specified.This bill would entitle a student to resident classification for that same purpose if the student is a member of the Armed Forces of the United States stationed in the state, regardless of whether the student is on active duty, subject to the same exception. The bill would define Armed Forces of the United States for this purpose. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.(4) Existing law authorizes a community college district to accept the determination of another community college district as to a students residency classification, if certain conditions are satisfied relating to cross-enrollment in online education.This bill would instead authorize a community college district to accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if those conditions are satisfied.(5) Existing law exempts a student, other than a nonimmigrant alien, as defined, from nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of attendance, or attainment of equivalent credits earned while in California, at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, or if the student completes 3 or more years of full-time high school coursework, and a total of 3 or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.This bill would specify that the 3 or more years of full-time high school coursework referenced above as part of the requirements in existing law be in California.(6) The Cal Grant Program establishes the Cal Grant A and Cal Grant B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. For purposes of the Cal Grant Program, existing law defines access costs as living expenses, transportation expenses, supplies, and books.This bill would include technology within the meaning of access costs for purposes of the Cal Grant Program and would make a related conforming change for purposes of Cal Grant C awards.(7) Existing law requires the Student Aid Commission to establish a 12-member advisory panel, which includes one representative of the California Postsecondary Education Commission and one college campus financial aid officer appointed by the commission.This bill would remove from the advisory panels membership the one representative of the California Postsecondary Education Commission and would add one additional campus financial aid officer appointed by the commission to the advisory panels membership.(8) Existing law authorizes community college districts to admit nonresident students, and requires community college districts to charge a tuition fee to nonresident students, with specified exceptions. Existing law requires the governing board of each community college district to set the nonresident tuition fee not later than February 1 of each year for the succeeding fiscal year.This bill would instead require the governing board of each community college district to set the nonresident tuition fee not later than March 1 of each year for the succeeding fiscal year.(9) 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, and authorizes them to provide instruction at the campuses they operate. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges, and requires the chancellor to execute the duties and responsibilities delegated to him or her by the board of governors. The duties and responsibilities of the chancellor include the submission, on or before July 1 of each year, of a report to the Department of Finance and the Legislature including, among other information, the amount of full-time equivalent students claimed by each community college district for career development and college preparation courses and classes and the related specific certificate programs and course titles.This bill would instead require this report to be submitted to the Department of Finance and the Legislature on or before November 1 of each year.(10) Existing law states a finding and declaration of the Legislature relative to the California State Universitys Early Start Program and requires, on or before January 1, 2019, that the Legislative Analysts Office, in consultation with the university, submit a report to the Legislature including specified data relating to the California State University Early Start Program. Existing law makes these provisions inoperative on January 1, 2019, and repeals them on January 1, 2020.This bill would (1) include a new finding and declaration of the Legislature regarding an August 2017 Executive order of the Trustees of the California State University that makes changes to the universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the Early Start Program, (2) delete the report on the California State University Early Start Program, (3) require, by December 1, 2021, that the Legislative Analysts Office submit a report to the Legislature detailing the impact of policy changes required pursuant to the executive order relative to incoming freshmen identified as in need of remediation, and (4) make the operative and repeal dates for these provisions January 1, 2021, and January 1, 2022, respectively.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 the statutory provisions noted above. |
|---|
| 19 | 30 | | |
|---|
| 20 | 31 | | (1) Existing law requires the Commission on Teacher Credentialing to maintain for public record certain enumerated information and authorizes the commission to disclose that information. Existing law generally prohibits the disclosure by the commission of information absent an order from a court of competent jurisdiction. |
|---|
| 21 | 32 | | |
|---|
| 22 | 33 | | This bill would, for purposes of the ongoing evaluation of teacher preparation programs at the California State University, authorize the commission to provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects to the extent that the disclosure is permitted by state and federal privacy laws. |
|---|
| 23 | 34 | | |
|---|
| 24 | 35 | | (2) Existing law requires a postsecondary educational institution that is a qualifying institution under the Cal Grant program to designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as its homeless and foster student liaison. |
|---|
| 25 | 36 | | |
|---|
| 26 | 37 | | Existing law requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority for registration for enrollment to a foster youth or former foster youth, as defined, and, until January 1, 2020, to a homeless youth, as defined. |
|---|
| 27 | 38 | | |
|---|
| 28 | 39 | | This bill would add homeless and foster student liaisons to the groups for whom priority for registration for enrollment is required or requested under that provision. Because the bill would amend the requirements relating to student eligibility for priority registration at community college campuses, the bill would impose a state-mandated local program. |
|---|
| 29 | 40 | | |
|---|
| 30 | 41 | | (3) Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Chancellor of the California Community Colleges. |
|---|
| 31 | 42 | | |
|---|
| 32 | 43 | | Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state on active duty, except as specified. |
|---|
| 33 | 44 | | |
|---|
| 34 | 45 | | This bill would entitle a student to resident classification for that same purpose if the student is a member of the Armed Forces of the United States stationed in the state, regardless of whether the student is on active duty, subject to the same exception. The bill would define Armed Forces of the United States for this purpose. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program. |
|---|
| 35 | 46 | | |
|---|
| 36 | 47 | | (4) Existing law authorizes a community college district to accept the determination of another community college district as to a students residency classification, if certain conditions are satisfied relating to cross-enrollment in online education. |
|---|
| 37 | 48 | | |
|---|
| 38 | 49 | | This bill would instead authorize a community college district to accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if those conditions are satisfied. |
|---|
| 39 | 50 | | |
|---|
| 40 | 51 | | (5) Existing law exempts a student, other than a nonimmigrant alien, as defined, from nonresident tuition at the California State University and the California Community Colleges if the student has a total of 3 or more years of attendance, or attainment of equivalent credits earned while in California, at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of those schools, as specified, or if the student completes 3 or more years of full-time high school coursework, and a total of 3 or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools. |
|---|
| 41 | 52 | | |
|---|
| 42 | 53 | | This bill would specify that the 3 or more years of full-time high school coursework referenced above as part of the requirements in existing law be in California. |
|---|
| 43 | 54 | | |
|---|
| 44 | 55 | | (6) The Cal Grant Program establishes the Cal Grant A and Cal Grant B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. For purposes of the Cal Grant Program, existing law defines access costs as living expenses, transportation expenses, supplies, and books. |
|---|
| 45 | 56 | | |
|---|
| 46 | 57 | | This bill would include technology within the meaning of access costs for purposes of the Cal Grant Program and would make a related conforming change for purposes of Cal Grant C awards. |
|---|
| 47 | 58 | | |
|---|
| 48 | 59 | | (7) Existing law requires the Student Aid Commission to establish a 12-member advisory panel, which includes one representative of the California Postsecondary Education Commission and one college campus financial aid officer appointed by the commission. |
|---|
| 49 | 60 | | |
|---|
| 50 | 61 | | This bill would remove from the advisory panels membership the one representative of the California Postsecondary Education Commission and would add one additional campus financial aid officer appointed by the commission to the advisory panels membership. |
|---|
| 51 | 62 | | |
|---|
| 52 | 63 | | (8) Existing law authorizes community college districts to admit nonresident students, and requires community college districts to charge a tuition fee to nonresident students, with specified exceptions. Existing law requires the governing board of each community college district to set the nonresident tuition fee not later than February 1 of each year for the succeeding fiscal year. |
|---|
| 53 | 64 | | |
|---|
| 54 | 65 | | This bill would instead require the governing board of each community college district to set the nonresident tuition fee not later than March 1 of each year for the succeeding fiscal year. |
|---|
| 55 | 66 | | |
|---|
| 56 | 67 | | (9) 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, and authorizes them to provide instruction at the campuses they operate. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges, and requires the chancellor to execute the duties and responsibilities delegated to him or her by the board of governors. The duties and responsibilities of the chancellor include the submission, on or before July 1 of each year, of a report to the Department of Finance and the Legislature including, among other information, the amount of full-time equivalent students claimed by each community college district for career development and college preparation courses and classes and the related specific certificate programs and course titles. |
|---|
| 57 | 68 | | |
|---|
| 58 | 69 | | This bill would instead require this report to be submitted to the Department of Finance and the Legislature on or before November 1 of each year. |
|---|
| 59 | 70 | | |
|---|
| 60 | 71 | | (10) Existing law states a finding and declaration of the Legislature relative to the California State Universitys Early Start Program and requires, on or before January 1, 2019, that the Legislative Analysts Office, in consultation with the university, submit a report to the Legislature including specified data relating to the California State University Early Start Program. Existing law makes these provisions inoperative on January 1, 2019, and repeals them on January 1, 2020. |
|---|
| 61 | 72 | | |
|---|
| 62 | 73 | | This bill would (1) include a new finding and declaration of the Legislature regarding an August 2017 Executive order of the Trustees of the California State University that makes changes to the universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the Early Start Program, (2) delete the report on the California State University Early Start Program, (3) require, by December 1, 2021, that the Legislative Analysts Office submit a report to the Legislature detailing the impact of policy changes required pursuant to the executive order relative to incoming freshmen identified as in need of remediation, and (4) make the operative and repeal dates for these provisions January 1, 2021, and January 1, 2022, respectively. |
|---|
| 63 | 74 | | |
|---|
| 64 | 75 | | 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. |
|---|
| 65 | 76 | | |
|---|
| 66 | 77 | | 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 the statutory provisions noted above. |
|---|
| 67 | 78 | | |
|---|
| 68 | 79 | | ## Digest Key |
|---|
| 69 | 80 | | |
|---|
| 70 | 81 | | ## Bill Text |
|---|
| 71 | 82 | | |
|---|
| 72 | 83 | | The people of the State of California do enact as follows:SECTION 1. Section 44230 of the Education Code is amended to read:44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation.SEC. 2. Section 44230.6 is added to the Education Code, to read:44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).SEC. 3. Section 66025.9 of the Education Code is amended to read:66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution.SEC. 4. Section 68075 of the Education Code is amended to read:68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution.SEC. 5. Section 68101 of the Education Code is amended to read:68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium.SEC. 6. Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read:68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential.SEC. 7. Section 68130.5 of the Education Code, as amended by Section 8 of Chapter 69 of the Statutes of 2016, is repealed.SEC. 8. Section 69432.7 of the Education Code is amended to read:69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards.SEC. 9. Section 69439 of the Education Code is amended to read:69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 69562 of the Education Code is amended to read:69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission.SEC. 11. Section 76140 of the Education Code, as amended by Section 3 of Chapter 299 of the Statutes of 2016, 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. 12. Section 76140 of the Education Code, as amended by Section 4 of Chapter 299 of the Statutes of 2016, 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022.SEC. 13. Section 84760.5 of the Education Code is amended to read:84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding.SEC. 14. Section 89007.7 of the Education Code is amended to read:89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.SEC. 15. 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. |
|---|
| 73 | 84 | | |
|---|
| 74 | 85 | | The people of the State of California do enact as follows: |
|---|
| 75 | 86 | | |
|---|
| 76 | 87 | | ## The people of the State of California do enact as follows: |
|---|
| 77 | 88 | | |
|---|
| 78 | 89 | | SECTION 1. Section 44230 of the Education Code is amended to read:44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation. |
|---|
| 79 | 90 | | |
|---|
| 80 | 91 | | SECTION 1. Section 44230 of the Education Code is amended to read: |
|---|
| 81 | 92 | | |
|---|
| 82 | 93 | | ### SECTION 1. |
|---|
| 83 | 94 | | |
|---|
| 84 | 95 | | 44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation. |
|---|
| 85 | 96 | | |
|---|
| 86 | 97 | | 44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation. |
|---|
| 87 | 98 | | |
|---|
| 88 | 99 | | 44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation. |
|---|
| 89 | 100 | | |
|---|
| 90 | 101 | | |
|---|
| 91 | 102 | | |
|---|
| 92 | 103 | | 44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder. |
|---|
| 93 | 104 | | |
|---|
| 94 | 105 | | (2) Notwithstanding any other provision of law, except as provided for in Sections 44230.6 and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction. |
|---|
| 95 | 106 | | |
|---|
| 96 | 107 | | (b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of this subdivision, agency means a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation. |
|---|
| 97 | 108 | | |
|---|
| 98 | 109 | | SEC. 2. Section 44230.6 is added to the Education Code, to read:44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). |
|---|
| 99 | 110 | | |
|---|
| 100 | 111 | | SEC. 2. Section 44230.6 is added to the Education Code, to read: |
|---|
| 101 | 112 | | |
|---|
| 102 | 113 | | ### SEC. 2. |
|---|
| 103 | 114 | | |
|---|
| 104 | 115 | | 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). |
|---|
| 105 | 116 | | |
|---|
| 106 | 117 | | 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). |
|---|
| 107 | 118 | | |
|---|
| 108 | 119 | | 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). |
|---|
| 109 | 120 | | |
|---|
| 110 | 121 | | |
|---|
| 111 | 122 | | |
|---|
| 112 | 123 | | 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University. |
|---|
| 113 | 124 | | |
|---|
| 114 | 125 | | (b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). |
|---|
| 115 | 126 | | |
|---|
| 116 | 127 | | SEC. 3. Section 66025.9 of the Education Code is amended to read:66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. |
|---|
| 117 | 128 | | |
|---|
| 118 | 129 | | SEC. 3. Section 66025.9 of the Education Code is amended to read: |
|---|
| 119 | 130 | | |
|---|
| 120 | 131 | | ### SEC. 3. |
|---|
| 121 | 132 | | |
|---|
| 122 | 133 | | 66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. |
|---|
| 123 | 134 | | |
|---|
| 124 | 135 | | 66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. |
|---|
| 125 | 136 | | |
|---|
| 126 | 137 | | 66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth.(b) For purposes of this section:(1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year.(2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:(i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.(ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.(iii) A financial aid administrator for an institution of higher education.(iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. |
|---|
| 127 | 138 | | |
|---|
| 128 | 139 | | |
|---|
| 129 | 140 | | |
|---|
| 130 | 141 | | 66025.9. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth or former foster youth or, until January 1, 2020, homeless youth. |
|---|
| 131 | 142 | | |
|---|
| 132 | 143 | | (b) For purposes of this section: |
|---|
| 133 | 144 | | |
|---|
| 134 | 145 | | (1) Foster youth and former foster youth means a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year. |
|---|
| 135 | 146 | | |
|---|
| 136 | 147 | | (2) Homeless youth means a student under 25 years of age, who has been verified at any time during the 24 months immediately preceding the receipt of his or her application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: |
|---|
| 137 | 148 | | |
|---|
| 138 | 149 | | (i) A homeless services provider, as that term is defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. |
|---|
| 139 | 150 | | |
|---|
| 140 | 151 | | (ii) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director. |
|---|
| 141 | 152 | | |
|---|
| 142 | 153 | | (iii) A financial aid administrator for an institution of higher education. |
|---|
| 143 | 154 | | |
|---|
| 144 | 155 | | (iv) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5. |
|---|
| 145 | 156 | | |
|---|
| 146 | 157 | | (c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. |
|---|
| 147 | 158 | | |
|---|
| 148 | 159 | | SEC. 4. Section 68075 of the Education Code is amended to read:68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. |
|---|
| 149 | 160 | | |
|---|
| 150 | 161 | | SEC. 4. Section 68075 of the Education Code is amended to read: |
|---|
| 151 | 162 | | |
|---|
| 152 | 163 | | ### SEC. 4. |
|---|
| 153 | 164 | | |
|---|
| 154 | 165 | | 68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. |
|---|
| 155 | 166 | | |
|---|
| 156 | 167 | | 68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. |
|---|
| 157 | 168 | | |
|---|
| 158 | 169 | | 68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia.(b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees.(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. |
|---|
| 159 | 170 | | |
|---|
| 160 | 171 | | |
|---|
| 161 | 172 | | |
|---|
| 162 | 173 | | 68075. (a) For purposes of this section, Armed Forces of the United States means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the reserve components of each of those forces, the California Army National Guard, the California State Military Reserve, and the California Naval Militia. |
|---|
| 163 | 174 | | |
|---|
| 164 | 175 | | (b) A student who is a member of the Armed Forces of the United States stationed in this state, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees. |
|---|
| 165 | 176 | | |
|---|
| 166 | 177 | | (c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, he or she shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. |
|---|
| 167 | 178 | | |
|---|
| 168 | 179 | | SEC. 5. Section 68101 of the Education Code is amended to read:68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium. |
|---|
| 169 | 180 | | |
|---|
| 170 | 181 | | SEC. 5. Section 68101 of the Education Code is amended to read: |
|---|
| 171 | 182 | | |
|---|
| 172 | 183 | | ### SEC. 5. |
|---|
| 173 | 184 | | |
|---|
| 174 | 185 | | 68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium. |
|---|
| 175 | 186 | | |
|---|
| 176 | 187 | | 68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium. |
|---|
| 177 | 188 | | |
|---|
| 178 | 189 | | 68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.(b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770.(c) The home college certifies the determination of the community college district as to the students residency classification.(d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium.(e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium. |
|---|
| 179 | 190 | | |
|---|
| 180 | 191 | | |
|---|
| 181 | 192 | | |
|---|
| 182 | 193 | | 68101. A community college district may accept the determination of another community college district as to a students residency classification pursuant to a process established by the Office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied: |
|---|
| 183 | 194 | | |
|---|
| 184 | 195 | | (a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40. |
|---|
| 185 | 196 | | |
|---|
| 186 | 197 | | (b) The student is cross-enrolling in a course available through the online course exchange of the Online Education Initiative Consortium, as defined in Section 66770. |
|---|
| 187 | 198 | | |
|---|
| 188 | 199 | | (c) The home college certifies the determination of the community college district as to the students residency classification. |
|---|
| 189 | 200 | | |
|---|
| 190 | 201 | | (d) The student is enrolling in a course available at the teaching college through the online course exchange of the Online Education Initiative Consortium. |
|---|
| 191 | 202 | | |
|---|
| 192 | 203 | | (e) The home college and the teaching college have both signed on to participate in the online course exchange of the Online Education Initiative Consortium. |
|---|
| 193 | 204 | | |
|---|
| 194 | 205 | | SEC. 6. Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read:68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential. |
|---|
| 195 | 206 | | |
|---|
| 196 | 207 | | SEC. 6. Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 496 of the Statutes of 2017, is amended to read: |
|---|
| 197 | 208 | | |
|---|
| 198 | 209 | | ### SEC. 6. |
|---|
| 199 | 210 | | |
|---|
| 200 | 211 | | 68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential. |
|---|
| 201 | 212 | | |
|---|
| 202 | 213 | | 68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential. |
|---|
| 203 | 214 | | |
|---|
| 204 | 215 | | 68130.5. Notwithstanding any other law:(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:(i) California high schools.(ii) California high schools established by the State Board of Education.(iii) California adult schools established by any of the following entities:(I) A county office of education.(II) A unified school district or high school district.(III) The Department of Corrections and Rehabilitation.(iv) Campuses of the California Community Colleges.(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.(2) Satisfaction of any of the following:(A) Graduation from a California high school or attainment of the equivalent thereof.(B) Attainment of an associate degree from a campus of the California Community Colleges.(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.(d) Student information obtained in the implementation of this section is confidential. |
|---|
| 205 | 216 | | |
|---|
| 206 | 217 | | |
|---|
| 207 | 218 | | |
|---|
| 208 | 219 | | 68130.5. Notwithstanding any other law: |
|---|
| 209 | 220 | | |
|---|
| 210 | 221 | | (a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements: |
|---|
| 211 | 222 | | |
|---|
| 212 | 223 | | (1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B): |
|---|
| 213 | 224 | | |
|---|
| 214 | 225 | | (A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following: |
|---|
| 215 | 226 | | |
|---|
| 216 | 227 | | (i) California high schools. |
|---|
| 217 | 228 | | |
|---|
| 218 | 229 | | (ii) California high schools established by the State Board of Education. |
|---|
| 219 | 230 | | |
|---|
| 220 | 231 | | (iii) California adult schools established by any of the following entities: |
|---|
| 221 | 232 | | |
|---|
| 222 | 233 | | (I) A county office of education. |
|---|
| 223 | 234 | | |
|---|
| 224 | 235 | | (II) A unified school district or high school district. |
|---|
| 225 | 236 | | |
|---|
| 226 | 237 | | (III) The Department of Corrections and Rehabilitation. |
|---|
| 227 | 238 | | |
|---|
| 228 | 239 | | (iv) Campuses of the California Community Colleges. |
|---|
| 229 | 240 | | |
|---|
| 230 | 241 | | (v) A combination of those schools set forth in clauses (i) to (iv), inclusive. |
|---|
| 231 | 242 | | |
|---|
| 232 | 243 | | (B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools. |
|---|
| 233 | 244 | | |
|---|
| 234 | 245 | | (C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance. |
|---|
| 235 | 246 | | |
|---|
| 236 | 247 | | (ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code. |
|---|
| 237 | 248 | | |
|---|
| 238 | 249 | | (2) Satisfaction of any of the following: |
|---|
| 239 | 250 | | |
|---|
| 240 | 251 | | (A) Graduation from a California high school or attainment of the equivalent thereof. |
|---|
| 241 | 252 | | |
|---|
| 242 | 253 | | (B) Attainment of an associate degree from a campus of the California Community Colleges. |
|---|
| 243 | 254 | | |
|---|
| 244 | 255 | | (C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges. |
|---|
| 245 | 256 | | |
|---|
| 246 | 257 | | (3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year. |
|---|
| 247 | 258 | | |
|---|
| 248 | 259 | | (4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. |
|---|
| 249 | 260 | | |
|---|
| 250 | 261 | | (b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes. |
|---|
| 251 | 262 | | |
|---|
| 252 | 263 | | (c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section. |
|---|
| 253 | 264 | | |
|---|
| 254 | 265 | | (d) Student information obtained in the implementation of this section is confidential. |
|---|
| 255 | 266 | | |
|---|
| 256 | 267 | | SEC. 7. Section 68130.5 of the Education Code, as amended by Section 8 of Chapter 69 of the Statutes of 2016, is repealed. |
|---|
| 257 | 268 | | |
|---|
| 258 | 269 | | SEC. 7. Section 68130.5 of the Education Code, as amended by Section 8 of Chapter 69 of the Statutes of 2016, is repealed. |
|---|
| 259 | 270 | | |
|---|
| 260 | 271 | | ### SEC. 7. |
|---|
| 261 | 272 | | |
|---|
| 262 | 273 | | |
|---|
| 263 | 274 | | |
|---|
| 264 | 275 | | SEC. 8. Section 69432.7 of the Education Code is amended to read:69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards. |
|---|
| 265 | 276 | | |
|---|
| 266 | 277 | | SEC. 8. Section 69432.7 of the Education Code is amended to read: |
|---|
| 267 | 278 | | |
|---|
| 268 | 279 | | ### SEC. 8. |
|---|
| 269 | 280 | | |
|---|
| 270 | 281 | | 69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards. |
|---|
| 271 | 282 | | |
|---|
| 272 | 283 | | 69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards. |
|---|
| 273 | 284 | | |
|---|
| 274 | 285 | | 69432.7. As used in this chapter, the following terms have the following meanings:(a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.(b) Access costs means living expenses and expenses for transportation, supplies, technology, and books.(c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution.(d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.(e) Commission means the Student Aid Commission.(f) Enrollment status means part- or full-time status.(1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.(2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.(g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.(h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework.(i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.(k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts:CAL GRANT PROGRAM INCOME CEILINGSCal Grant A, C, and TCal Grant BDependent and Independent students with dependents*Family Size Six or more$74,100 $40,700 Five$68,700 $37,700 Four$64,100 $33,700 Three$59,000 $30,300 Two$57,600 $26,900 Independent Single, no dependents$23,500 $23,500 Married$26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGSCal Grant A, C, and TCal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual.(l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following:(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs:(i) Federal Work-Study Program.(ii) Federal Stafford Loan Program.(iii) Federal Supplemental Educational Opportunity Grant Program.(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status.(C) A California public postsecondary educational institution.(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).(3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.(B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution.(C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable.(ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.(F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H).(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year.(I) The commission shall do all of the following:(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible.(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively.(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.(m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards. |
|---|
| 275 | 286 | | |
|---|
| 276 | 287 | | |
|---|
| 277 | 288 | | |
|---|
| 278 | 289 | | 69432.7. As used in this chapter, the following terms have the following meanings: |
|---|
| 279 | 290 | | |
|---|
| 280 | 291 | | (a) An academic year is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. |
|---|
| 281 | 292 | | |
|---|
| 282 | 293 | | (b) Access costs means living expenses and expenses for transportation, supplies, technology, and books. |
|---|
| 283 | 294 | | |
|---|
| 284 | 295 | | (c) Award year means one academic year, or the equivalent, of attendance at a qualifying institution. |
|---|
| 285 | 296 | | |
|---|
| 286 | 297 | | (d) College grade point average and community college grade point average mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. |
|---|
| 287 | 298 | | |
|---|
| 288 | 299 | | (e) Commission means the Student Aid Commission. |
|---|
| 289 | 300 | | |
|---|
| 290 | 301 | | (f) Enrollment status means part- or full-time status. |
|---|
| 291 | 302 | | |
|---|
| 292 | 303 | | (1) Part time, for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent. |
|---|
| 293 | 304 | | |
|---|
| 294 | 305 | | (2) Full time, for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent. |
|---|
| 295 | 306 | | |
|---|
| 296 | 307 | | (g) Expected family contribution, with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. |
|---|
| 297 | 308 | | |
|---|
| 298 | 309 | | (h) High school grade point average means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, high school grade point average includes senior year coursework. |
|---|
| 299 | 310 | | |
|---|
| 300 | 311 | | (i) Instructional program of not less than one academic year means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. |
|---|
| 301 | 312 | | |
|---|
| 302 | 313 | | (j) Instructional program of not less than two academic years means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. |
|---|
| 303 | 314 | | |
|---|
| 304 | 315 | | (k) (1) Maximum household income and asset levels means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 200102 academic year, which shall be set pursuant to the following income and asset ceiling amounts: |
|---|
| 305 | 316 | | |
|---|
| 306 | 317 | | CAL GRANT PROGRAM INCOME CEILINGS |
|---|
| 307 | 318 | | |
|---|
| 308 | 319 | | CAL GRANT PROGRAM INCOME CEILINGS |
|---|
| 309 | 320 | | |
|---|
| 310 | 321 | | Cal Grant A, C, and T Cal Grant B |
|---|
| 311 | 322 | | Dependent and Independent students with dependents* |
|---|
| 312 | 323 | | Family Size |
|---|
| 313 | 324 | | Six or more $74,100 $40,700 |
|---|
| 314 | 325 | | Five $68,700 $37,700 |
|---|
| 315 | 326 | | Four $64,100 $33,700 |
|---|
| 316 | 327 | | Three $59,000 $30,300 |
|---|
| 317 | 328 | | Two $57,600 $26,900 |
|---|
| 318 | 329 | | Independent |
|---|
| 319 | 330 | | Single, no dependents $23,500 $23,500 |
|---|
| 320 | 331 | | Married $26,900 $26,900 |
|---|
| 321 | 332 | | |
|---|
| 322 | 333 | | |
|---|
| 323 | 334 | | |
|---|
| 324 | 335 | | Cal Grant A, C, and T |
|---|
| 325 | 336 | | |
|---|
| 326 | 337 | | Cal Grant B |
|---|
| 327 | 338 | | |
|---|
| 328 | 339 | | Dependent and Independent students with dependents* |
|---|
| 329 | 340 | | |
|---|
| 330 | 341 | | Family Size |
|---|
| 331 | 342 | | |
|---|
| 332 | 343 | | |
|---|
| 333 | 344 | | |
|---|
| 334 | 345 | | |
|---|
| 335 | 346 | | |
|---|
| 336 | 347 | | Six or more |
|---|
| 337 | 348 | | |
|---|
| 338 | 349 | | $74,100 |
|---|
| 339 | 350 | | |
|---|
| 340 | 351 | | $40,700 |
|---|
| 341 | 352 | | |
|---|
| 342 | 353 | | Five |
|---|
| 343 | 354 | | |
|---|
| 344 | 355 | | $68,700 |
|---|
| 345 | 356 | | |
|---|
| 346 | 357 | | $37,700 |
|---|
| 347 | 358 | | |
|---|
| 348 | 359 | | Four |
|---|
| 349 | 360 | | |
|---|
| 350 | 361 | | $64,100 |
|---|
| 351 | 362 | | |
|---|
| 352 | 363 | | $33,700 |
|---|
| 353 | 364 | | |
|---|
| 354 | 365 | | Three |
|---|
| 355 | 366 | | |
|---|
| 356 | 367 | | $59,000 |
|---|
| 357 | 368 | | |
|---|
| 358 | 369 | | $30,300 |
|---|
| 359 | 370 | | |
|---|
| 360 | 371 | | Two |
|---|
| 361 | 372 | | |
|---|
| 362 | 373 | | $57,600 |
|---|
| 363 | 374 | | |
|---|
| 364 | 375 | | $26,900 |
|---|
| 365 | 376 | | |
|---|
| 366 | 377 | | Independent |
|---|
| 367 | 378 | | |
|---|
| 368 | 379 | | |
|---|
| 369 | 380 | | |
|---|
| 370 | 381 | | |
|---|
| 371 | 382 | | |
|---|
| 372 | 383 | | Single, no dependents |
|---|
| 373 | 384 | | |
|---|
| 374 | 385 | | $23,500 |
|---|
| 375 | 386 | | |
|---|
| 376 | 387 | | $23,500 |
|---|
| 377 | 388 | | |
|---|
| 378 | 389 | | Married |
|---|
| 379 | 390 | | |
|---|
| 380 | 391 | | $26,900 |
|---|
| 381 | 392 | | |
|---|
| 382 | 393 | | $26,900 |
|---|
| 383 | 394 | | |
|---|
| 384 | 395 | | *Applies to independent students with dependents other than a spouse. |
|---|
| 385 | 396 | | |
|---|
| 386 | 397 | | CAL GRANT PROGRAM ASSET CEILINGS |
|---|
| 387 | 398 | | |
|---|
| 388 | 399 | | CAL GRANT PROGRAM ASSET CEILINGS |
|---|
| 389 | 400 | | |
|---|
| 390 | 401 | | Cal Grant A, C, and T Cal Grant B |
|---|
| 391 | 402 | | Dependent** _____ _____ $49,600 $49,600 |
|---|
| 392 | 403 | | Independent _____ _____ $23,600 $23,600 |
|---|
| 393 | 404 | | |
|---|
| 394 | 405 | | |
|---|
| 395 | 406 | | |
|---|
| 396 | 407 | | Cal Grant A, C, and T |
|---|
| 397 | 408 | | |
|---|
| 398 | 409 | | Cal Grant B |
|---|
| 399 | 410 | | |
|---|
| 400 | 411 | | Dependent** _____ _____ |
|---|
| 401 | 412 | | |
|---|
| 402 | 413 | | $49,600 |
|---|
| 403 | 414 | | |
|---|
| 404 | 415 | | $49,600 |
|---|
| 405 | 416 | | |
|---|
| 406 | 417 | | Independent _____ _____ |
|---|
| 407 | 418 | | |
|---|
| 408 | 419 | | $23,600 |
|---|
| 409 | 420 | | |
|---|
| 410 | 421 | | $23,600 |
|---|
| 411 | 422 | | |
|---|
| 412 | 423 | | **Applies to independent students with dependents other than a spouse. |
|---|
| 413 | 424 | | |
|---|
| 414 | 425 | | |
|---|
| 415 | 426 | | |
|---|
| 416 | 427 | | (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIIIB of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipients initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 201112 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 201011 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual. |
|---|
| 417 | 428 | | |
|---|
| 418 | 429 | | (l) (1) Qualifying institution means an institution that complies with paragraphs (2) and (3) and is any of the following: |
|---|
| 419 | 430 | | |
|---|
| 420 | 431 | | (A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs: |
|---|
| 421 | 432 | | |
|---|
| 422 | 433 | | (i) Federal Work-Study Program. |
|---|
| 423 | 434 | | |
|---|
| 424 | 435 | | (ii) Federal Stafford Loan Program. |
|---|
| 425 | 436 | | |
|---|
| 426 | 437 | | (iii) Federal Supplemental Educational Opportunity Grant Program. |
|---|
| 427 | 438 | | |
|---|
| 428 | 439 | | (B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institutions operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 200001 academic year shall retain its eligibility as long as it maintains its existing accreditation status. |
|---|
| 429 | 440 | | |
|---|
| 430 | 441 | | (C) A California public postsecondary educational institution. |
|---|
| 431 | 442 | | |
|---|
| 432 | 443 | | (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, provide may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. |
|---|
| 433 | 444 | | |
|---|
| 434 | 445 | | (B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A). |
|---|
| 435 | 446 | | |
|---|
| 436 | 447 | | (3) (A) The commission shall certify by November 1 of each year the institutions latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education. |
|---|
| 437 | 448 | | |
|---|
| 438 | 449 | | (B) For purposes of the 201112 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution. |
|---|
| 439 | 450 | | |
|---|
| 440 | 451 | | (C) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution. |
|---|
| 441 | 452 | | |
|---|
| 442 | 453 | | (D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable. |
|---|
| 443 | 454 | | |
|---|
| 444 | 455 | | (ii) If the United States Department of Education corrects or revises an institutions three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institutions three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied. |
|---|
| 445 | 456 | | |
|---|
| 446 | 457 | | (E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education. |
|---|
| 447 | 458 | | |
|---|
| 448 | 459 | | (F) For purposes of the 201213 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H). |
|---|
| 449 | 460 | | |
|---|
| 450 | 461 | | (G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A). |
|---|
| 451 | 462 | | |
|---|
| 452 | 463 | | (H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 201617 academic year. |
|---|
| 453 | 464 | | |
|---|
| 454 | 465 | | (I) The commission shall do all of the following: |
|---|
| 455 | 466 | | |
|---|
| 456 | 467 | | (i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award. |
|---|
| 457 | 468 | | |
|---|
| 458 | 469 | | (ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the students Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible. |
|---|
| 459 | 470 | | |
|---|
| 460 | 471 | | (iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award. |
|---|
| 461 | 472 | | |
|---|
| 462 | 473 | | (iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively. |
|---|
| 463 | 474 | | |
|---|
| 464 | 475 | | (II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance. |
|---|
| 465 | 476 | | |
|---|
| 466 | 477 | | (m) Satisfactory academic progress means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining satisfactory academic progress in a manner that is consistent with those federal standards. |
|---|
| 467 | 478 | | |
|---|
| 468 | 479 | | SEC. 9. Section 69439 of the Education Code is amended to read:69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 469 | 480 | | |
|---|
| 470 | 481 | | SEC. 9. Section 69439 of the Education Code is amended to read: |
|---|
| 471 | 482 | | |
|---|
| 472 | 483 | | ### SEC. 9. |
|---|
| 473 | 484 | | |
|---|
| 474 | 485 | | 69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 475 | 486 | | |
|---|
| 476 | 487 | | 69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 477 | 488 | | |
|---|
| 478 | 489 | | 69439. (a) For the purposes of this section, the following terms have the following meanings:(1) Career pathway has the same meaning as set forth in Section 88620.(2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.(3) Industry cluster has the same meaning as set forth in Section 88620.(4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.(5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.(b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.(c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:(1) Family income and household size.(2) Students or the students parents household status, including whether the student is a single parent or child of a single parent.(3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.(d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years.(e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.(f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.(2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.(B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training.(3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:(i) High employer need or demand for the specific skills offered in the program.(ii) High employment growth in the occupational field or industry cluster for which the student is being trained.(iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained.(iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security.(B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.(g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.(h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.(i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).(j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following:(A) The age, gender, and segment of attendance for recipients in two prior award years.(B) The occupational and technical training program categories prioritized.(C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).(D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.(2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).(3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1).(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 479 | 490 | | |
|---|
| 480 | 491 | | |
|---|
| 481 | 492 | | |
|---|
| 482 | 493 | | 69439. (a) For the purposes of this section, the following terms have the following meanings: |
|---|
| 483 | 494 | | |
|---|
| 484 | 495 | | (1) Career pathway has the same meaning as set forth in Section 88620. |
|---|
| 485 | 496 | | |
|---|
| 486 | 497 | | (2) Economic security has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code. |
|---|
| 487 | 498 | | |
|---|
| 488 | 499 | | (3) Industry cluster has the same meaning as set forth in Section 88620. |
|---|
| 489 | 500 | | |
|---|
| 490 | 501 | | (4) Long-term unemployed means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application. |
|---|
| 491 | 502 | | |
|---|
| 492 | 503 | | (5) Occupational or technical training means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission. |
|---|
| 493 | 504 | | |
|---|
| 494 | 505 | | (b) A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were made in the 200001 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act. |
|---|
| 495 | 506 | | |
|---|
| 496 | 507 | | (c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following: |
|---|
| 497 | 508 | | |
|---|
| 498 | 509 | | (1) Family income and household size. |
|---|
| 499 | 510 | | |
|---|
| 500 | 511 | | (2) Students or the students parents household status, including whether the student is a single parent or child of a single parent. |
|---|
| 501 | 512 | | |
|---|
| 502 | 513 | | (3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed. |
|---|
| 503 | 514 | | |
|---|
| 504 | 515 | | (d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipients renewal. In no case shall the grants exceed two calendar years. |
|---|
| 505 | 516 | | |
|---|
| 506 | 517 | | (e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant. |
|---|
| 507 | 518 | | |
|---|
| 508 | 519 | | (f) (1) To ensure alignment with the states dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the states leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized. |
|---|
| 509 | 520 | | |
|---|
| 510 | 521 | | (2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012. |
|---|
| 511 | 522 | | |
|---|
| 512 | 523 | | (B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training. |
|---|
| 513 | 524 | | |
|---|
| 514 | 525 | | (3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality: |
|---|
| 515 | 526 | | |
|---|
| 516 | 527 | | (i) High employer need or demand for the specific skills offered in the program. |
|---|
| 517 | 528 | | |
|---|
| 518 | 529 | | (ii) High employment growth in the occupational field or industry cluster for which the student is being trained. |
|---|
| 519 | 530 | | |
|---|
| 520 | 531 | | (iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained. |
|---|
| 521 | 532 | | |
|---|
| 522 | 533 | | (iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security. |
|---|
| 523 | 534 | | |
|---|
| 524 | 535 | | (B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph. |
|---|
| 525 | 536 | | |
|---|
| 526 | 537 | | (g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Departments Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary. |
|---|
| 527 | 538 | | |
|---|
| 528 | 539 | | (h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 201415 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data. |
|---|
| 529 | 540 | | |
|---|
| 530 | 541 | | (i) (1) The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to Californias long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). |
|---|
| 531 | 542 | | |
|---|
| 532 | 543 | | (2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). |
|---|
| 533 | 544 | | |
|---|
| 534 | 545 | | (j) (1) The Legislative Analysts Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not necessarily be limited to, information on all of the following: |
|---|
| 535 | 546 | | |
|---|
| 536 | 547 | | (A) The age, gender, and segment of attendance for recipients in two prior award years. |
|---|
| 537 | 548 | | |
|---|
| 538 | 549 | | (B) The occupational and technical training program categories prioritized. |
|---|
| 539 | 550 | | |
|---|
| 540 | 551 | | (C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f). |
|---|
| 541 | 552 | | |
|---|
| 542 | 553 | | (D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs. |
|---|
| 543 | 554 | | |
|---|
| 544 | 555 | | (2) For the report submitted pursuant to paragraph (1), the Legislative Analysts Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f). |
|---|
| 545 | 556 | | |
|---|
| 546 | 557 | | (3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1). |
|---|
| 547 | 558 | | |
|---|
| 548 | 559 | | (4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 549 | 560 | | |
|---|
| 550 | 561 | | SEC. 10. Section 69562 of the Education Code is amended to read:69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission. |
|---|
| 551 | 562 | | |
|---|
| 552 | 563 | | SEC. 10. Section 69562 of the Education Code is amended to read: |
|---|
| 553 | 564 | | |
|---|
| 554 | 565 | | ### SEC. 10. |
|---|
| 555 | 566 | | |
|---|
| 556 | 567 | | 69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission. |
|---|
| 557 | 568 | | |
|---|
| 558 | 569 | | 69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission. |
|---|
| 559 | 570 | | |
|---|
| 560 | 571 | | 69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.(c) Two secondary school staff, appointed by the Superintendent of Public Instruction.(d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.(e) Two postsecondary students, both appointed annually by the commission.(f) Two college campus financial aid officers, appointed by the commission. |
|---|
| 561 | 572 | | |
|---|
| 562 | 573 | | |
|---|
| 563 | 574 | | |
|---|
| 564 | 575 | | 69562. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following: |
|---|
| 565 | 576 | | |
|---|
| 566 | 577 | | (a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards. |
|---|
| 567 | 578 | | |
|---|
| 568 | 579 | | (b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities. |
|---|
| 569 | 580 | | |
|---|
| 570 | 581 | | (c) Two secondary school staff, appointed by the Superintendent of Public Instruction. |
|---|
| 571 | 582 | | |
|---|
| 572 | 583 | | (d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee. |
|---|
| 573 | 584 | | |
|---|
| 574 | 585 | | (e) Two postsecondary students, both appointed annually by the commission. |
|---|
| 575 | 586 | | |
|---|
| 576 | 587 | | (f) Two college campus financial aid officers, appointed by the commission. |
|---|
| 577 | 588 | | |
|---|
| 578 | 589 | | SEC. 11. Section 76140 of the Education Code, as amended by Section 3 of Chapter 299 of the Statutes of 2016, 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. |
|---|
| 579 | 590 | | |
|---|
| 580 | 591 | | SEC. 11. Section 76140 of the Education Code, as amended by Section 3 of Chapter 299 of the Statutes of 2016, is amended to read: |
|---|
| 581 | 592 | | |
|---|
| 582 | 593 | | ### SEC. 11. |
|---|
| 583 | 594 | | |
|---|
| 584 | 595 | | 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. |
|---|
| 585 | 596 | | |
|---|
| 586 | 597 | | 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. |
|---|
| 587 | 598 | | |
|---|
| 588 | 599 | | 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) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 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 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 students 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.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (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 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 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. |
|---|
| 589 | 600 | | |
|---|
| 590 | 601 | | |
|---|
| 591 | 602 | | |
|---|
| 592 | 603 | | 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) or (5): |
|---|
| 593 | 604 | | |
|---|
| 594 | 605 | | (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. |
|---|
| 595 | 606 | | |
|---|
| 596 | 607 | | (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. |
|---|
| 597 | 608 | | |
|---|
| 598 | 609 | | (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 200506 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. |
|---|
| 599 | 610 | | |
|---|
| 600 | 611 | | (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. |
|---|
| 601 | 612 | | |
|---|
| 602 | 613 | | (C) This paragraph shall apply only to the 200506 academic year. |
|---|
| 603 | 614 | | |
|---|
| 604 | 615 | | (4) A special part-time student, other than a 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. |
|---|
| 605 | 616 | | |
|---|
| 606 | 617 | | (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: |
|---|
| 607 | 618 | | |
|---|
| 608 | 619 | | (A) Demonstrates a financial need for the exemption. |
|---|
| 609 | 620 | | |
|---|
| 610 | 621 | | (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 his or her parent or guardian. |
|---|
| 611 | 622 | | |
|---|
| 612 | 623 | | (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). |
|---|
| 613 | 624 | | |
|---|
| 614 | 625 | | (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. |
|---|
| 615 | 626 | | |
|---|
| 616 | 627 | | (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 his or her secondary school attendance. |
|---|
| 617 | 628 | | |
|---|
| 618 | 629 | | (F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible. |
|---|
| 619 | 630 | | |
|---|
| 620 | 631 | | (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: |
|---|
| 621 | 632 | | |
|---|
| 622 | 633 | | (i) Incline Village. |
|---|
| 623 | 634 | | |
|---|
| 624 | 635 | | (ii) Kingsbury. |
|---|
| 625 | 636 | | |
|---|
| 626 | 637 | | (iii) Round Hill. |
|---|
| 627 | 638 | | |
|---|
| 628 | 639 | | (iv) Skyland. |
|---|
| 629 | 640 | | |
|---|
| 630 | 641 | | (v) Stateline. |
|---|
| 631 | 642 | | |
|---|
| 632 | 643 | | (vi) Zephyr Cove. |
|---|
| 633 | 644 | | |
|---|
| 634 | 645 | | (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 prior to seeking the fee exemption pursuant to this paragraph. |
|---|
| 635 | 646 | | |
|---|
| 636 | 647 | | (C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students 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. |
|---|
| 637 | 648 | | |
|---|
| 638 | 649 | | (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 students tuition fee. |
|---|
| 639 | 650 | | |
|---|
| 640 | 651 | | (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. |
|---|
| 641 | 652 | | |
|---|
| 642 | 653 | | (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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. |
|---|
| 643 | 654 | | |
|---|
| 644 | 655 | | (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: |
|---|
| 645 | 656 | | |
|---|
| 646 | 657 | | (A) The amount that was expended by the 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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. |
|---|
| 647 | 658 | | |
|---|
| 648 | 659 | | (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. |
|---|
| 649 | 660 | | |
|---|
| 650 | 661 | | (C) An amount not to exceed the fee established by the governing board of any contiguous district. |
|---|
| 651 | 662 | | |
|---|
| 652 | 663 | | (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). |
|---|
| 653 | 664 | | |
|---|
| 654 | 665 | | (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. |
|---|
| 655 | 666 | | |
|---|
| 656 | 667 | | (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 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. |
|---|
| 657 | 668 | | |
|---|
| 658 | 669 | | (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. |
|---|
| 659 | 670 | | |
|---|
| 660 | 671 | | (g) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. |
|---|
| 661 | 672 | | |
|---|
| 662 | 673 | | (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. |
|---|
| 663 | 674 | | |
|---|
| 664 | 675 | | (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. |
|---|
| 665 | 676 | | |
|---|
| 666 | 677 | | (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 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 76300 for purposes of computing apportionments. |
|---|
| 667 | 678 | | |
|---|
| 668 | 679 | | (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. |
|---|
| 669 | 680 | | |
|---|
| 670 | 681 | | SEC. 12. Section 76140 of the Education Code, as amended by Section 4 of Chapter 299 of the Statutes of 2016, 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022. |
|---|
| 671 | 682 | | |
|---|
| 672 | 683 | | SEC. 12. Section 76140 of the Education Code, as amended by Section 4 of Chapter 299 of the Statutes of 2016, is amended to read: |
|---|
| 673 | 684 | | |
|---|
| 674 | 685 | | ### SEC. 12. |
|---|
| 675 | 686 | | |
|---|
| 676 | 687 | | 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022. |
|---|
| 677 | 688 | | |
|---|
| 678 | 689 | | 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022. |
|---|
| 679 | 690 | | |
|---|
| 680 | 691 | | 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (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 200506 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 200506 academic year.(4) A special part-time student, other than a 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 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 his or her secondary school attendance.(F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible.(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 students 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 March 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 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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 200910 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), (4), or (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 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 76300 for purposes of computing apportionments.(k) This section shall become operative on July 1, 2022. |
|---|
| 681 | 692 | | |
|---|
| 682 | 693 | | |
|---|
| 683 | 694 | | |
|---|
| 684 | 695 | | 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), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5): |
|---|
| 685 | 696 | | |
|---|
| 686 | 697 | | (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. |
|---|
| 687 | 698 | | |
|---|
| 688 | 699 | | (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. |
|---|
| 689 | 700 | | |
|---|
| 690 | 701 | | (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 200506 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. |
|---|
| 691 | 702 | | |
|---|
| 692 | 703 | | (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. |
|---|
| 693 | 704 | | |
|---|
| 694 | 705 | | (C) This paragraph shall apply only to the 200506 academic year. |
|---|
| 695 | 706 | | |
|---|
| 696 | 707 | | (4) A special part-time student, other than a 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. |
|---|
| 697 | 708 | | |
|---|
| 698 | 709 | | (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: |
|---|
| 699 | 710 | | |
|---|
| 700 | 711 | | (A) Demonstrates a financial need for the exemption. |
|---|
| 701 | 712 | | |
|---|
| 702 | 713 | | (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 his or her parent or guardian. |
|---|
| 703 | 714 | | |
|---|
| 704 | 715 | | (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). |
|---|
| 705 | 716 | | |
|---|
| 706 | 717 | | (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. |
|---|
| 707 | 718 | | |
|---|
| 708 | 719 | | (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 his or her secondary school attendance. |
|---|
| 709 | 720 | | |
|---|
| 710 | 721 | | (F) Upon enrollment, will be in 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 he or she intends to establish residency in California as soon as possible. |
|---|
| 711 | 722 | | |
|---|
| 712 | 723 | | (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 students tuition fee. |
|---|
| 713 | 724 | | |
|---|
| 714 | 725 | | (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. |
|---|
| 715 | 726 | | |
|---|
| 716 | 727 | | (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 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. |
|---|
| 717 | 728 | | |
|---|
| 718 | 729 | | (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: |
|---|
| 719 | 730 | | |
|---|
| 720 | 731 | | (A) The amount that was expended by the 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 district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts 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. |
|---|
| 721 | 732 | | |
|---|
| 722 | 733 | | (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. |
|---|
| 723 | 734 | | |
|---|
| 724 | 735 | | (C) An amount not to exceed the fee established by the governing board of any contiguous district. |
|---|
| 725 | 736 | | |
|---|
| 726 | 737 | | (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). |
|---|
| 727 | 738 | | |
|---|
| 728 | 739 | | (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. |
|---|
| 729 | 740 | | |
|---|
| 730 | 741 | | (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 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. |
|---|
| 731 | 742 | | |
|---|
| 732 | 743 | | (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. |
|---|
| 733 | 744 | | |
|---|
| 734 | 745 | | (g) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. |
|---|
| 735 | 746 | | |
|---|
| 736 | 747 | | (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. |
|---|
| 737 | 748 | | |
|---|
| 738 | 749 | | (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. |
|---|
| 739 | 750 | | |
|---|
| 740 | 751 | | (j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (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 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 76300 for purposes of computing apportionments. |
|---|
| 741 | 752 | | |
|---|
| 742 | 753 | | (k) This section shall become operative on July 1, 2022. |
|---|
| 743 | 754 | | |
|---|
| 744 | 755 | | SEC. 13. Section 84760.5 of the Education Code is amended to read:84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. |
|---|
| 745 | 756 | | |
|---|
| 746 | 757 | | SEC. 13. Section 84760.5 of the Education Code is amended to read: |
|---|
| 747 | 758 | | |
|---|
| 748 | 759 | | ### SEC. 13. |
|---|
| 749 | 760 | | |
|---|
| 750 | 761 | | 84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. |
|---|
| 751 | 762 | | |
|---|
| 752 | 763 | | 84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. |
|---|
| 753 | 764 | | |
|---|
| 754 | 765 | | 84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b):(1) Classes and courses in elementary and secondary basic skills.(2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training.(3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department.(4) Classes and courses in English as a second language and vocational English as a second language.(b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a).(c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757.(d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5.(e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following:(1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes.(2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. |
|---|
| 755 | 766 | | |
|---|
| 756 | 767 | | |
|---|
| 757 | 768 | | |
|---|
| 758 | 769 | | 84760.5. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is given, and that are offered in a sequence of courses leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, shall be eligible for funding subject to subdivision (b): |
|---|
| 759 | 770 | | |
|---|
| 760 | 771 | | (1) Classes and courses in elementary and secondary basic skills. |
|---|
| 761 | 772 | | |
|---|
| 762 | 773 | | (2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training. |
|---|
| 763 | 774 | | |
|---|
| 764 | 775 | | (3) Short-term vocational programs with high-employment potential, as determined by the chancellor in consultation with the Employment Development Department utilizing job demand data provided by that department. |
|---|
| 765 | 776 | | |
|---|
| 766 | 777 | | (4) Classes and courses in English as a second language and vocational English as a second language. |
|---|
| 767 | 778 | | |
|---|
| 768 | 779 | | (b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a). |
|---|
| 769 | 780 | | |
|---|
| 770 | 781 | | (c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757. |
|---|
| 771 | 782 | | |
|---|
| 772 | 783 | | (d) The chancellor, in consultation with the Department of Finance and the Office of the Legislative Analyst, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5. |
|---|
| 773 | 784 | | |
|---|
| 774 | 785 | | (e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following: |
|---|
| 775 | 786 | | |
|---|
| 776 | 787 | | (1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes. |
|---|
| 777 | 788 | | |
|---|
| 778 | 789 | | (2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, as well as the number of those courses and classes receiving additional funding. |
|---|
| 779 | 790 | | |
|---|
| 780 | 791 | | SEC. 14. Section 89007.7 of the Education Code is amended to read:89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. |
|---|
| 781 | 792 | | |
|---|
| 782 | 793 | | SEC. 14. Section 89007.7 of the Education Code is amended to read: |
|---|
| 783 | 794 | | |
|---|
| 784 | 795 | | ### SEC. 14. |
|---|
| 785 | 796 | | |
|---|
| 786 | 797 | | 89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. |
|---|
| 787 | 798 | | |
|---|
| 788 | 799 | | 89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. |
|---|
| 789 | 800 | | |
|---|
| 790 | 801 | | 89007.7. (a) The Legislature finds and declares both of the following: (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English.(2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program.(b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following:(1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year.(2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation.(3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data.(4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program.(5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU.(c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university.(d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. |
|---|
| 791 | 802 | | |
|---|
| 792 | 803 | | |
|---|
| 793 | 804 | | |
|---|
| 794 | 805 | | 89007.7. (a) The Legislature finds and declares both of the following: |
|---|
| 795 | 806 | | |
|---|
| 796 | 807 | | (1) That the California State University Early Start Program was adopted pursuant to Executive Order No. 1048 at the May 2010 meeting of the Trustees of the California State University (CSU) with the stated goal of facilitating a students graduation through changes in policies on fulfilling entry-level proficiencies in mathematics and English. |
|---|
| 797 | 808 | | |
|---|
| 798 | 809 | | (2) That the Office of the Chancellor of the California State University issued Executive Order 1110 in August 2017, which makes significant changes to the California State Universitys assessment and placement policies and remediation-related strategies in mathematics and English, including the California State University Early Start Program. |
|---|
| 799 | 810 | | |
|---|
| 800 | 811 | | (b) On January 1, 2014, the Legislative Analysts Office, in consultation with CSU, shall submit a report to the Legislature detailing the impact of the CSU Early Start Program on student mathematics and English proficiency. The report to the Legislature required by this subdivision shall include, but not necessarily be limited to, all of the following: |
|---|
| 801 | 812 | | |
|---|
| 802 | 813 | | (1) Information on how the CSU Early Start Program increases successful remediation rates as compared to the remediation rates that existed in the 201011 academic year. |
|---|
| 803 | 814 | | |
|---|
| 804 | 815 | | (2) Information on how the CSU Early Start Program expedites the student remediation process, or otherwise reduces the length of time that students spend on remediation. |
|---|
| 805 | 816 | | |
|---|
| 806 | 817 | | (3) Demographic information on participants in the CSU Early Start Program, including information relating to race or ethnicity, eligibility for financial aid, geographic origins, and other pertinent data. |
|---|
| 807 | 818 | | |
|---|
| 808 | 819 | | (4) The number of enrollees in the CSU Early Start Program, counted statewide and by campus, including the number who eventually earned credit from the program. |
|---|
| 809 | 820 | | |
|---|
| 810 | 821 | | (5) As observed one year after participating in the CSU Early Start Program, counted statewide and by campus, how many enrollees became proficient, how many enrollees did not remediate successfully, and how many enrollees were disenrolled from CSU. |
|---|
| 811 | 822 | | |
|---|
| 812 | 823 | | (c) By December 1, 2021, the Legislative Analysts Office shall submit a report to the Legislature detailing the impact of policy changes required pursuant to California State University Executive Order 1110, including changes in the proportion and number of incoming freshmen who have been identified as in need of remediation, and the proportion and number who have persisted at the university past their freshman year, and the proportion and number who have graduated from the university. |
|---|
| 813 | 824 | | |
|---|
| 814 | 825 | | (d) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. |
|---|
| 815 | 826 | | |
|---|
| 816 | 827 | | SEC. 15. 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. |
|---|
| 817 | 828 | | |
|---|
| 818 | 829 | | SEC. 15. 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. |
|---|
| 819 | 830 | | |
|---|
| 820 | 831 | | SEC. 15. 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. |
|---|
| 821 | 832 | | |
|---|
| 822 | 833 | | ### SEC. 15. |
|---|