Bill Text: CA SB181 | 2011-2012 | Regular Session | Introduced
Bill Title: Public postsecondary education: student fee policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB181 Detail]
Download: California-2011-SB181-Introduced.html
BILL NUMBER: SB 181 INTRODUCED BILL TEXT INTRODUCED BY Senator Liu FEBRUARY 7, 2011 An act to add Article 3.5 (commencing with Section 66027) to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST SB 181, as introduced, Liu. Public postsecondary education: student fee policy. Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. This bill would prohibit any increase in the mandatory systemwide fees charged to a resident undergraduate student enrolled in the University of California or the California State University adopted on or after July 1, 2012, from being effective before 3 months have elapsed after the date on which the fee increase is adopted. The bill would also require the regents and the Trustees of the California State University to develop methodologies for the adjustment of fees in accordance with a prescribed procedure. The bill, commencing with the 2012-13 academic year, would require the Legislative Analyst's Office to annually review, and report to the Legislature, its findings, conclusions, or recommendations regarding the implementation of policies implemented pursuant to the bill. This bill would provide that its provisions would not apply to the University of California, except to the extent that the regents adopt a resolution making them applicable. The bill would request the regents to adopt policies that are consistent with this bill. These provisions would become operative on July 1, 2012. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The state has long recognized the value of providing broad access to postsecondary education to the state's citizens. It has demonstrated that commitment by investing in postsecondary education and maintaining public student fee levels that are fiscally responsible and affordable. The student fee principles expressed herein seek to continue the state's historic commitment to ensuring access and maintaining quality throughout the state's public universities while recognizing the fiscal challenges that confront both the state and postsecondary education. (b) Historically, the state has borne the preponderance of responsibility for providing the fiscal resources necessary to ensure that all eligible state residents have access to high-quality educational opportunities at the state's public colleges and universities. Further, the state bears the principal and overarching responsibility for ensuring that all financially needy students have the financial assistance necessary for them to enroll in institutions of higher education and complete their postsecondary education objectives. (c) Changes in resident student fees or in student financial aid funding or packaging policies should take into consideration the total cost to the student of attending the university, including mandatory campus-based student fees, housing and living expenses, as well as all other expenses associated with university attendance. (d) Any necessary increases in mandatory systemwide fees should be accompanied by appropriate increases in funding for need-based student financial aid. SEC. 2. Article 3.5 (commencing with Section 66027) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: Article 3.5. Student Fee Policy 66027. The following state policies regarding mandatory systemwide resident fees and financial aid are established for undergraduate students enrolled in the state's public universities: (a) The total cost of a public postsecondary education should be a shared responsibility of students, families, and the State of California. However, in order to keep resident undergraduate student fees at the state's public universities as low and affordable as possible, the state shall bear the preponderance of responsibility for funding postsecondary education. (b) So that students and their families can better prepare financially for college expenses, any changes in resident student fees should be gradual, moderate, and predictable. Any potential adjustments in resident student fees should take into consideration, and be balanced with, available state General Fund revenues to ensure that the access, quality, and affordability of the state's public universities are not adversely affected. (c) Changes in resident student fees should take into consideration a number of factors, including the total cost of educating a student, the appropriate share of the cost of instruction to be paid by the student, and information concerning families' ability to pay. Student financial aid policy and programs should ensure affordability for students from all income levels. Recognition of these indicators will better ensure that changes in resident student fees are gradual and moderate. (d) As changes in resident student fees and financial aid resources are considered, the state should have an understanding of the impact that these changes will have on both current and prospective students. Efforts should be employed to mitigate any negative impact on financially needy students. (e) In order to ensure that access is not precluded for any eligible student, but particularly financially needy students, all current and prospective students should be provided with timely information concerning student financial aid, including the processes associated with applying for and obtaining student financial assistance. (f) Student fee and financial aid policies should encourage and promote a student's timely completion of the requirements necessary for degree attainment. (g) To ensure that financially needy students are provided with assistance in managing the total cost of their university attendance, financial aid programs, including institutional aid, should be aligned with the distinct financial needs of the systems' student populations and student fee levels. (h) Revenues derived from student fees should remain within the respective university system's budget in order to provide benefits to the students enrolled within the system. 66027.1. Any increase in the mandatory systemwide fees charged to a resident undergraduate student enrolled in the University of California or the California State University that is adopted on or after July 1, 2012, shall not become effective before three months have elapsed after the date on which the fee increase is adopted. 66027.2. To carry out the responsibilities of this section, the regents and the trustees shall each develop a rational and transparent methodology for adjusting mandatory systemwide resident student fees consistent with the student fee policy principles set forth in Section 66027. These methodologies shall be developed in consultation with appropriate student representatives through student fee advisory committees and, once developed, shall be formally adopted by the regents and the trustees, respectively, in open public meetings. The annual budgets of the segments shall be drafted on the basis that fees will change in accordance with the methodology established under this section, and shall specify the purposes for which any revenues derived from an increase in fees will be used. 66027.3. Following the final action of its governing body, each system shall employ appropriate procedures to notify students of the student fees to be assessed in the upcoming academic year. In addition, each system shall simultaneously provide students with information concerning the availability of student financial aid and the procedures for obtaining that aid in order to assist students with meeting the increased costs of university attendance. 66027.4. (a) Commencing with the 2012-13 academic year, the regents and the trustees shall annually provide the Legislative Analyst's Office, prior to February 1, with estimates of the total cost of education, categorized in both of the following ways: (1) Specifically by per student undergraduate and graduate education costs. (2) By fixed costs, variable costs, administrative costs, instructional costs, and student services costs. (b) Commencing with the 2013-14 academic year, the Legislative Analyst's Office shall annually review, prior to March 1, institutional compliance with the policies set forth in this article, and report, in writing, to the Legislature, findings, conclusions, or recommendations regarding the implementation of these policies. This report shall include an assessment of the information provided by the regents and the trustees pursuant to subdivision (a). (c) A report submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. 66027.5. As used in this article, the following terms have the following meanings: (a) (1) "Average total cost of education" means the amount calculated by dividing the total cost of education for the University of California or the California State University, whichever is applicable, by the total number of full-time equivalent students enrolled at that segment. (2) For purposes of paragraph (1), "total cost of education" means, for the University of California and the California State University, the sum of appropriations and projected revenues from all of the following: (A) The General Fund. (B) Higher education fees and income. (C) The California State Lottery Education Fund. (b) "Mandatory systemwide fees" means the fees that all students enrolled in the California State University or the University of California are required to pay in order to enroll in courses for the academic term pursuant to any law or any policy adopted by the governing boards of the respective segments. (c) "Regents" means the Regents of the University of California. (d) "Resident" means a student who is exempt from paying nonresident tuition pursuant to Chapter 1 (commencing with Section 68000) of Part 41. (e) "Trustees" means the Trustees of the California State University. 66027.6. (a) This article shall not apply to the University of California, except to the extent that the regents, by appropriate resolution, make this article applicable. (b) The regents are requested to adopt policies governing increases in mandatory systemwide fees that are consistent with this article. 66027.7. This article shall become operative on July 1, 2012.