Section § 76140

Explanation

This law allows California community colleges to charge tuition fees to nonresident students, but provides several exemptions. It specifies certain conditions under which nonresidents, like those taking six or fewer units, foreign students showing financial need, and specific nonresident groups such as recent immigrants or students impacted by Hurricane Katrina, can be exempt from fees either partially or fully. The law also addresses rules for setting and modifying nonresident tuition fees, emphasizing gradual and predictable increases.

Moreover, it includes provisions for revenue generated from these fees to enhance local services and ensure nonresident admissions do not disadvantage resident students. Community colleges near state borders with reciprocity agreements have additional exemptions. Finally, certain nonresident students, if exempt, can be reported as residents for state funding purposes.

(a)CA Education Code § 76140(a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(1)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(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)Copy CA Education Code § 76140(a)(3)
(A)Copy CA Education Code § 76140(a)(3)(A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)CA Education Code § 76140(a)(3)(A)(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)CA Education Code § 76140(a)(3)(A)(C) This paragraph shall apply only to the 2005–06 academic year.
(4)CA Education Code § 76140(a)(4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to 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)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(5)(A) Demonstrates a financial need for the exemption.
(B)CA Education Code § 76140(a)(5)(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian.
(C)CA Education Code § 76140(a)(5)(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)CA Education Code § 76140(a)(5)(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)CA Education Code § 76140(a)(5)(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance.
(F)CA Education Code § 76140(a)(5)(F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible.
(6)Copy CA Education Code § 76140(a)(6)
(A)Copy CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(6)(A)(i) Incline Village.
(ii)CA Education Code § 76140(a)(6)(A)(ii) Kingsbury.
(iii)CA Education Code § 76140(a)(6)(A)(iii) Round Hill.
(iv)CA Education Code § 76140(a)(6)(A)(iv) Skyland.
(v)CA Education Code § 76140(a)(6)(A)(v) Stateline.
(vi)CA Education Code § 76140(a)(6)(A)(vi) Zephyr Cove.
(B)CA Education Code § 76140(a)(6)(A)(B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph.
(C)CA Education Code § 76140(a)(6)(A)(C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7)Copy CA Education Code § 76140(a)(7)
(A)Copy CA Education Code § 76140(a)(7)(A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)CA Education Code § 76140(a)(7)(A)(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)CA Education Code § 76140(a)(7)(A)(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)CA Education Code § 76140(a)(7)(A)(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)CA Education Code § 76140(a)(7)(A)(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)CA Education Code § 76140(a)(7)(A)(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b)CA Education Code § 76140(b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee.
(c)CA Education Code § 76140(c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)CA Education Code § 76140(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)Copy CA Education Code § 76140(e)
(1)Copy CA Education Code § 76140(e)(1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)CA Education Code § 76140(e)(1)(A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)CA Education Code § 76140(e)(1)(B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)CA Education Code § 76140(e)(1)(C) An amount not to exceed the fee established by the governing board of any contiguous community college district.
(D)CA Education Code § 76140(e)(1)(D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)CA Education Code § 76140(e)(1)(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)CA Education Code § 76140(e)(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment.
(f)CA Education Code § 76140(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)CA Education Code § 76140(g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)CA Education Code § 76140(h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)CA Education Code § 76140(i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)CA Education Code § 76140(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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

Section § 76140

Explanation

This law outlines the rules for charging tuition fees to nonresident students in California community colleges. Generally, nonresident students must pay tuition fees, but certain groups can be exempt from paying part or all of these fees.

Exemptions may apply to students with particular circumstances, such as those taking six or fewer units, some foreign students showing financial need, students affected by Hurricane Katrina, and others with specific immigration or residency situations. For example, students residing in certain Nevada communities attending Lake Tahoe Community College, or nonresidents living near the California-Mexico border attending specific colleges, may qualify for exemptions. Additionally, rules about setting tuition fees and determining college district policies are detailed.

Community college districts can also make agreements for tuition payments with other states or governments, and special fee arrangements exist for colleges near state borders. Starting in 2028, these regulations will no longer apply unless extended by future legislation.

(a)CA Education Code § 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), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(1)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(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. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph.
(3)Copy CA Education Code § 76140(a)(3)
(A)Copy CA Education Code § 76140(a)(3)(A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)CA Education Code § 76140(a)(3)(A)(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)CA Education Code § 76140(a)(3)(A)(C) This paragraph shall apply only to the 2005–06 academic year.
(4)CA Education Code § 76140(a)(4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to 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)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(5)(A) Demonstrates a financial need for the exemption.
(B)CA Education Code § 76140(a)(5)(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian.
(C)CA Education Code § 76140(a)(5)(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)CA Education Code § 76140(a)(5)(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)CA Education Code § 76140(a)(5)(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance.
(F)CA Education Code § 76140(a)(5)(F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible.
(6)Copy CA Education Code § 76140(a)(6)
(A)Copy CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(6)(A)(i) Incline Village.
(ii)CA Education Code § 76140(a)(6)(A)(ii) Kingsbury.
(iii)CA Education Code § 76140(a)(6)(A)(iii) Round Hill.
(iv)CA Education Code § 76140(a)(6)(A)(iv) Skyland.
(v)CA Education Code § 76140(a)(6)(A)(v) Stateline.
(vi)CA Education Code § 76140(a)(6)(A)(vi) Zephyr Cove.
(B)CA Education Code § 76140(a)(6)(A)(B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph.
(C)CA Education Code § 76140(a)(6)(A)(C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7)Copy CA Education Code § 76140(a)(7)
(A)Copy CA Education Code § 76140(a)(7)(A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)CA Education Code § 76140(a)(7)(A)(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)CA Education Code § 76140(a)(7)(A)(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)CA Education Code § 76140(a)(7)(A)(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)CA Education Code § 76140(a)(7)(A)(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)CA Education Code § 76140(a)(7)(A)(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(8)Copy CA Education Code § 76140(a)(8)
(A)Copy CA Education Code § 76140(a)(8)(A) A student who meets all of the following criteria:
(i)CA Education Code § 76140(a)(8)(A)(i) Is a nonresident, low-income student who is a resident of Mexico.
(ii)CA Education Code § 76140(a)(8)(A)(ii) Registers for lower division courses at Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, or Southwestern College.
(iii)CA Education Code § 76140(a)(8)(A)(iii) Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph.
(B)Copy CA Education Code § 76140(a)(8)(A)(B)
(i)Copy CA Education Code § 76140(a)(8)(A)(B)(i) The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplishes all of the following:
(I)CA Education Code § 76140(a)(8)(A)(B)(i)(I) Determines a student’s residence classification.
(II) Establishes procedures for an appeal and review of the residence classification.
(III) Determines whether a student is low income.
(ii)CA Education Code § 76140(a)(8)(A)(B)(i)(ii) As a condition of its students receiving an exemption pursuant to this paragraph, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i).
(C)CA Education Code § 76140(a)(8)(A)(C) No more than 150 full-time equivalent students (FTES) at each community college described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(D)CA Education Code § 76140(a)(8)(A)(D) On or before January 1, 2028, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph.
(b)CA Education Code § 76140(b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee.
(c)CA Education Code § 76140(c) Nonresident students shall not be reported as FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)CA Education Code § 76140(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)Copy CA Education Code § 76140(e)
(1)Copy CA Education Code § 76140(e)(1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)CA Education Code § 76140(e)(1)(A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)CA Education Code § 76140(e)(1)(B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)CA Education Code § 76140(e)(1)(C) An amount not to exceed the fee established by the governing board of any contiguous community college district.
(D)CA Education Code § 76140(e)(1)(D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)CA Education Code § 76140(e)(1)(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)CA Education Code § 76140(e)(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment.
(f)CA Education Code § 76140(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)CA Education Code § 76140(g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)CA Education Code § 76140(h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)CA Education Code § 76140(i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)CA Education Code § 76140(j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) 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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)CA Education Code § 76140(k) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.

Section § 76140

Explanation

This section outlines how California community colleges can charge tuition fees to nonresident students, with specific exemptions. Some nonresidents can get full or partial fee exemptions; this includes those enrolled in limited classes, international students with financial needs, and students affected by Hurricane Katrina who were previously enrolled in certain colleges. Certain residency and financial status requirements are crucial for exemption eligibility.

The law also details how nonresident tuition fees should be set, reported, and altered. It mentions contracting options to cover fees and establishes rules on how colleges near state borders can manage fees with neighboring states. Finally, it notes when nonresident students can be counted for state funding purposes and the operative date of the section.

(a)CA Education Code § 76140(a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7):
(1)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(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)Copy CA Education Code § 76140(a)(3)
(A)Copy CA Education Code § 76140(a)(3)(A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B)CA Education Code § 76140(a)(3)(A)(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)CA Education Code § 76140(a)(3)(A)(C) This paragraph shall apply only to the 2005–06 academic year.
(4)CA Education Code § 76140(a)(4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to 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)CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(5)(A) Demonstrates a financial need for the exemption.
(B)CA Education Code § 76140(a)(5)(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian.
(C)CA Education Code § 76140(a)(5)(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D)CA Education Code § 76140(a)(5)(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E)CA Education Code § 76140(a)(5)(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance.
(F)CA Education Code § 76140(a)(5)(F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible.
(6)Copy CA Education Code § 76140(a)(6)
(A)Copy CA Education Code § 76140(a)(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)CA Education Code § 76140(a)(6)(A)(i) Incline Village.
(ii)CA Education Code § 76140(a)(6)(A)(ii) Kingsbury.
(iii)CA Education Code § 76140(a)(6)(A)(iii) Round Hill.
(iv)CA Education Code § 76140(a)(6)(A)(iv) Skyland.
(v)CA Education Code § 76140(a)(6)(A)(v) Stateline.
(vi)CA Education Code § 76140(a)(6)(A)(vi) Zephyr Cove.
(B)CA Education Code § 76140(a)(6)(A)(B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph.
(C)CA Education Code § 76140(a)(6)(A)(C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7)Copy CA Education Code § 76140(a)(7)
(A)Copy CA Education Code § 76140(a)(7)(A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i)CA Education Code § 76140(a)(7)(A)(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii)CA Education Code § 76140(a)(7)(A)(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii)CA Education Code § 76140(a)(7)(A)(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B)CA Education Code § 76140(a)(7)(A)(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C)CA Education Code § 76140(a)(7)(A)(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b)CA Education Code § 76140(b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee.
(c)CA Education Code § 76140(c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged.
(d)CA Education Code § 76140(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)Copy CA Education Code § 76140(e)
(1)Copy CA Education Code § 76140(e)(1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:
(A)CA Education Code § 76140(e)(1)(A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district.
(B)CA Education Code § 76140(e)(1)(B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.
(C)CA Education Code § 76140(e)(1)(C) An amount not to exceed the fee established by the governing board of any contiguous community college district.
(D)CA Education Code § 76140(e)(1)(D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E)CA Education Code § 76140(e)(1)(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)CA Education Code § 76140(e)(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment.
(f)CA Education Code § 76140(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g)CA Education Code § 76140(g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h)CA Education Code § 76140(h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students.
(i)CA Education Code § 76140(i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j)CA Education Code § 76140(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 one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.
(k)CA Education Code § 76140(k) This section shall become operative on July 1, 2028.

Section § 76140.3

Explanation

This law requires the Chancellor’s Office of the California Community Colleges to provide data to the Legislative Analyst’s Office about community colleges. They need to include information by district and academic year, starting from 2009-10. This includes the number of resident and nonresident students, both as individual counts and full-time equivalents, nonresident tuition rates and revenues, and total district funding.

The Legislative Analyst’s Office must review this data annually and summarize it in the analysis of the Governor’s budget. Their review should also assess how well the community colleges comply with certain enrollment policies.

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

Section § 76140.5

Explanation

This law allows a community college in California to treat a nonresident student hired by a public agency as a resident for the purpose of enrolling in police academy training courses. This is possible if the student has met all other requirements of the public agency, and the agency provides written assurance to classify the student as a peace officer after completing the training.

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

Section § 76141

Explanation

This law allows community colleges in California to charge nonresident students an extra fee on top of standard nonresident tuition. This extra fee can't be more than half of the main nonresident tuition and is based on the prior year's expenses for capital projects like buildings and equipment. However, students facing economic hardship or who are victims of persecution are exempt from this fee. Each college must define economic hardship, considering factors like receiving government assistance. Any money collected from this fee must be used for building and equipment upgrades and maintenance.

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

Section § 76142

Explanation

This law allows California community college districts to charge a processing fee to nonresident applicants who are citizens and residents of a foreign country. The fee can be either the actual cost of processing their application or up to $100, whichever is less. This fee can be subtracted from their tuition when they enroll.

However, applicants who qualify for a nonresident tuition exemption or demonstrate economic hardship are not required to pay this fee. The law specifies that each community college district must define economic hardship, which includes applicants who face persecution or discrimination in their home country or those who receive government assistance, like TANF or SSI benefits.

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

Section § 76143

Explanation

This law states that if a student, living in a California community college district, temporarily moved out of state due to a job transfer made by their own employer, their spouse's employer, or their parent's employer, the time spent outside the state can be ignored when assessing nonresident tuition fees.

To qualify, the absence must be four years or less, and upon returning, the student must meet the residency requirements as if they hadn't left. If these conditions are met, the student won't be charged nonresident tuition fees.

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