CACCRAO New Directors Training 2019 Student Residency Overview and Current Issues Presented by: Natalie Wagner, CCC Chancellor’s Office My Name is Natalie Wagner, I handle residency, academic calendars, attendance accounting, conditions for claiming apportionment. Chay Yang still handles the CCFS-320 report. We still have a contract with John Mullen, many of you are probably familiar with John, he has worked in the A and R world for many years, he is working on the update of the SAAM, and helping me to respond to incoming questions. He has a version of the updated SAAM drafted, will likely go out to the workgroup in the next month or so. Once reviewed, we will need to review it for accessibility and have out communications division approve it as an official manual (cover, formatting)

AGENDA Basic Residency Definitions Primary Purposes for Residence Classification General Rules and Guidelines Recently Approved and Pending Legislation Current Updates and Reminders Pop Quiz Questions/Comments

Basic Residency Definitions Resident (for tuition purposes): Unless precluded, a “resident” is a student who has been physically present in the state for more than one year immediately preceding the residence determination date (one year and one day), and has demonstrated an intent to make California a permanent home. EC § 68017 Nonresident A “nonresident” is a student who does not have residence in the state for more than one year immediately preceding the residence determination date. EC § 68018 Unless precluded, a “resident” is a student who has been physically present in the state for more than one year immediately preceding the residence determination date (one year and one day), and has demonstrated an intent to make California a permanent home The reason that I say “unless precluded” is that federal law precludes certain aliens from establishing domicile in the united states if they enter under certain visa categories or if they are undocumented. (See T5 54045) A “nonresident” is a student who does not have residence in the state for more than one year immediately preceding the residence determination date. EC § 68018 ----------------------------------------------------------------------------------------- Generally, FTES generated by nonresident students is not claimable for apportionment purposes. However, there are certain nonresidents that can be claimed for apportionment, including AB 540 students and nonresident military members stationed or domiciled in California. The FTES generated by these apportionment eligible nonresident students is reported on the RESIDENT FTES column of the CCFS-320. So, it’s very important to keep that in mind. Title 5 Section 54045 identifies the aliens that are precluded from establishing a domicile and also describes how this preclusion can be lifted or removed.

Basic Residency Definitions Exceptions to Residence Determination: Education Code prescribes several exceptions to residence determination—some are required (e.g. military members stationed in CA ECS 68075) and some are permitted (e.g. individuals hired as a peace officer by public agency ECS 76140.5) These apply where an individual that is NOT otherwise eligible to be classified as a Resident for tuition purposes, can nonetheless be classified as a Resident and claimed for apportionment purposes if applicable requirements are met Exceptions to Payment of Nonresident Tuition: Education Code also prescribes situations where the nonresident tuition is either required to be exempted (e.g., AB 540, AB 2364) or a district is given permission to exempt specified students (e.g., non resident students who take six or fewer units 76140(a)(1)) In some cases apportionment can be claimed for exempted student (e.g., AB 540, AB 2364) and in others apportionment is NOT claimable (e.g., non resident students who take six or fewer units 76140(a)(1) ) EXCEPTIONS to RESIDENCE DETERMINATION There are two types of exceptions that can be made in regards to residency: exceptions to residence determination and exception to the payment of nonresident tuition A common Example of a REQUIRED exception to residence determination applies to an military members stationed in California. District must classify as a resident An example of a PERMITTED exception to residence determination applies to An individual hired as a peace officer by a public agency (police academy, fire academy) District may classify as a resident, has the option These apply where an individual that is NOT otherwise eligible to be classified as a Resident for tuition purposes, can nonetheless be classified as a Resident and claimed for apportionment purposes if applicable requirements are met EXCEPTIONS TO PAYMENT OF NONRESIDENT TUITION Required exception to the payment of nonresident tuition: AB 540, AB 2364 Permitted exception to the payment of nonresident tuition: non resident students who take six or fewer units There must be express statutory authority to claim state apportionment for these students. (ex. AB540, 2364) There is significant guidance discussion on this topic in the Residency General Overview handout. (questions: 17, 18, 21, 23, 24) ------------------------------------------------------------------------------------------------------------------------ Unless expressly exempted, or entitled to a waiver, all students enrolling for college credit must pay the enrollment fee. Students should be able to provide proof of eligibility Please note that it’s very important to consult the Education Code and Title 5 as there is a finite number of exceptions.

Primary Purposes for Residence Classification Residence classification is necessary for Proper charging of Nonresident Tuition (Note: Nonresident students must also be charged the basic enrollment fee) Proper claiming of State general apportionment Nonresident FTES is not included in state apportionment calculations (Note: certain nonresident students qualify to be reported as residents for apportionment purposes, such as AB 540 students or active military members stationed or domiciled in California) Student Eligibility for certain programs (Example: CA Promise Grant, formerly known as the BOG fee waiver) Proper charging of Nonresident Tuition Nonresident students pay nonresident tuition in addition to the basic enrollment fee Proper claiming of State general apportionment – nonresident FTES shall not be reported for State apportionment purposes, except as provided in statute Student Eligibility for certain programs (Example: BOG fee waiver available only to resident students) ----------------------------------------------------------------------------------- Nonresident FTES does generate Lottery Revenue allocated by the State Controller’s Office (about $150 per FTES). Calculation of the WSCH factor for facilities funding. Also, the nonresident tuition fee paid by nonresident students is local revenue to the district. It is not treated by the state as an offset to apportionment. It is retained by the district.

General Rules and Guidelines Residence Classification: Residency classification shall be made for each student, except noncredit only enrollees, at the time applications for admission are accepted and whenever a student has not been in attendance for more than one semester or quarter (two, not one, semester or quarter of non-attendance). T5 § 54010(a) Timely student notification of the classification (within 14 calendar days) T5 § 54060(a) District must establish procedures for appeals of residency classification and refunds of nonresident tuition fees. T5 § 54060(b); 54070 Residency classification shall be made for each student, except noncredit only enrollees, at the time applications for admission are accepted and whenever a student has not been in attendance for more than one semester or quarter (two, not one, semester or quarter of non-attendance). Student must be notified of the classification within 14 calendar days of the beginning of the session or 14 calendar days after the student’s application for admission, whichever is later. Districts are required to establish formal procedures for appeals of residence classification. Other than indicating that students may make written-based appeals, districts have wide latitude in setting up their appeal procedures, such as determining criteria and prescribed timeframe, and turnaround time for decisions. It’s very important that your district establish formal appeal procedures and that those procedures be published somewhere and made readily available to students upon request

General Rules and Guidelines Rules For Determining Residence There can only be one residence (an established primary and permanent home). EC § 68062(a) A residence is the place when one remains when not called elsewhere for labor or other temporary purpose and to which he or she returns in seasons of repose. EC § 68062(b) A residence cannot be lost until another is gained. EC § 68062(c) Read from slide 2nd slide: you residence Is where you are when you are not on vacation, or traveling temporarily for work or some other purpose. In terms of this 3rd rule, You don’t lose residence in California until you establish residence somewhere else. Everyone has a residence. Not talking about gaining a “residence for tuition purposes” someone could leave the state for a temporary purpose (even if more than 1 year) but maintain their primary home in CA. Would not have to reestablish residency. This refers to someone who leaves CA and establishes their primary home in another state (register to vote, obtain drivers license, files taxes, purchase property etc.) in this case (could be less than 1 year), they would have to reestablish CA residency in accordance with title 5 54030 (1 year physical presence and intent) ------------------------------------------------------------------------------------------------------ Domicile is defined as a location where an individual has the intention of permanent or indefinite residence. If the absence was not temporary, then it may be determined that California residence was relinquished. (See Title 5 Section 54022(b) and 54030) Some of the objective manifestations of establishing a legal, permanent home in another state would be voting in another state, ownership or leasing of residential property in another state, possessing an out of state driver’s license, attending an out-of-state institution as a resident of that state, etc.

General Rules and Guidelines Rules For Determining Residence (Cont.) The one-year residence period necessary to be classified as a resident does not begin until the student both is present and has manifested clear intent to become a California resident. EC § 68062(d); T5 § 54020 If a student or the parents of a minor relinquish California residence after moving from the state, one full year of physical presence coupled with intent is required to reestablish residence. T5 § 54030 Temporary absences will not result in a loss of California residence if, during the absence, the person always intended to return and did nothing inconsistent with that intent. T5 § 54022(b) The one-year residence period necessary to be classified as a resident does not begin until the student both is present and has manifested clear intent to become a California resident. Must have both physical presence and intent. If a student or the parents of a minor relinquish California residence after moving from the state, one full year of physical presence coupled with intent is required to reestablish residence. Discussed this earlier, they move from the state and take steps to establish their primary residence in a new state, have to reestablish residency in CA if they come back. Temporary absences will not result in a loss of California residence if, during the absence, the person always intended to return and did nothing inconsistent with that intent. ---------------------------------------------------------------------------------------- California requires manifestations of intent, or what other states call, overt acts to support your written declaration of intent to become a resident for tuition purposes. These include: (1) Ownership of residential property or continuous occupancy of rented or leased property in California. (2) Registering to vote and voting in California. (3) Licensing from California for professional practice. (4) Active membership in California professional, religious, merchant, or service organizations or social clubs. (5) Presence of spouse, children or other close relatives in the state. (6) Showing California as home address on federal income tax form. (7) Payment of California state income tax as a resident. (8) Maintaining California motor vehicle license plates and registration. (9) Possessing a California driver's license or California ID. (10) Maintaining permanent military address or home of record in California while in armed forces. (11) Establishing and maintaining active California bank accounts. (12) Being the petitioner for a divorce in California. 13) Remaining in California during academic breaks 14) Registering for the Selective Service in California (indicating California address) Conduct inconsistent with a claim of California residence includes but is not limited to: (1) Maintaining voter registration and voting in another state. (2) Being the petitioner for a divorce in another state. (3) Attending an out-of-state institution as a resident of that other state. (4) Declaring nonresidence for state income tax purposes; Paying taxes in another state or country as a resident of that state or country or not fulfilling tax obligations to California. Could also include: Holding and/or maintaining a driver’s license in another state, or holding and/or maintaining a motor vehicle registration in another state

General Rules and Guidelines Rules For Determining Residence (Cont.) A person’s residence shall not be derived from that of his or her spouse. EC § 68062(e) The residence of the parent with whom an unmarried minor child resides is the residence of the unmarried minor child. When the minor lives with neither parent, his or her residence is that of the parent with whom he or she last resided. EC § 68062(f) Moving to California primarily to attend school does not constitute establishing California residence, regardless of the length of that presence. T5 § 54022(c) A person’s residence shall not be derived from that of his or her spouse For an unmarried minor child, their residence is the residence of the parent they live with or of the parent they most recently lived with Moving to California primarily to attend school does not constitute establishing California residence, regardless of the length of that presence. ---------------------------------------------------------------------------------------------- General Rule for Minors The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode. The minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed. There are rules specific to the following situations Permanent Separation or Divorce of Parents 68062(f) Deceased Parents 68062(f) Adoption Parent moves to California While Student is a Minor Parent of minor who moves from California (68070) Self-supporting Minor 68071 Two-year Care and Control 68073 Emancipation Deceased Parents When both parents are deceased, and no legal guardian has been appointed, a minor may establish his or her own residence. Until the minor does so, his or her residence remains that of the last parent to die. The one year waiting period runs from the date of arrival or one year from the date of the parent's death. If the residence of the last parent to die was California, the minor's derived residence may be tacked to the newly established residence. If a guardian is appointed for a minor any time after the death of the minor's parents, the minor takes the residence of the guardian. If that be California, the one year waiting period runs from the date of appointment, subject to applicable tacking. (See Tacking, page 13.) Parents of Minor Move to California If the parents of a minor move to California leaving the minor behind, the minor takes the parent's California resident status when acquired. If the minor remains outside California after reaching the age of majority and then comes to California, the minor is to be treated the same as a person possessing California residence who had left California and then returned. The minor should be screened with the objective of determining if he or she had acquired out-of-state residence. One factor to be checked in such a screening would be whether the minor had attended an out-of state educational institution where resident status for tuition purposes had been granted or denied. (The minor may be eligible for an exception to prior law. See: Adult Dependent Child of California Resident, page 17.)

General Rules and Guidelines Residency Reclassification and Financial Independence: Financial independence status must be included as one of the factors in residency reclassifications EC § 68044; T5 § 54032 EC § 68044 focuses on parental support aspects, but also permits district governing boards to define other factors which may be considered in making residency reclassifications, such as support from family members other than the parent(s) A student who was previously classified as a nonresident may request to be reclassified. In this case, must meet physical presence, intent, and financial independence: need to prove they are not financially dependent on a parent or family member outside of CA. Not required in regular residency classifications, only when a student is previously classified as a nonresident and requests to be reclassified after waiting a year and establishing residence. Considers whether the student was claimed on their parents tax return in another state, whether they received more than $750 per year, whether they have lived in the home of the parent for more than six weeks in the calendar year, and in the previous three calendar years.

General Rules and Guidelines Residency Reclassification and Financial Independence (cont.): In determining intent, financial independence weighs in favor of California residence and financial dependence shall weigh against finding California residence Financial dependence in the current or preceding calendar year shall be overcome only if the parent on whom the student is dependent is a California resident, or there is no evidence of the student’s continuing residence in another state T5 § 54032(d) permits a district to disregard a finding of financial dependence where there is not intent to establish (or maintain) residence elsewhere. A student who is able to prove that they are financially independent may be classified as a resident as long as they meet the physical presence and intent requirements If a student is found to be financially dependent, they may still be classified as a resident if there is no intent to establish or maintain residence elsewhere. This decision is up to the district. The district has the authority to still grant residence status even if the student is found to be financially dependent as long as there is no intent to establish or maintain residence elsewhere. The ultimate determining factors are still physical presence and intent. Districts may require additional information showing intent to become a California resident.

Recently Approved Legislation and Current Updates 11/23/2019 Recently Approved Legislation and Current Updates For the second part of the presentation we will cover recently approved legislation, reg changes, and other current updates. We tried to include all recently approved bills that impact student residency and or attendance accounting in some way.

Recently Approved Legislation AB 3101 (Carillo, 2018) Adds Section 68086  to the Education Code, to read: 68086. (a) A student seeking to enroll exclusively in career development and college preparation courses, and other courses for which no credit is given, at a community college shall not be subject to the residency classification requirements of Article 3 (commencing with Section 68040). (b) Nothing in subdivision (a) shall prohibit the Chancellor of the California Community Colleges from collecting residency data, for a student described in subdivision (a), that is voluntarily submitted by the student after he or she enrolls at a community college. AB 3101 passed in 2018, effective Jan 1, 2019. Exempts students enrolled in only noncredit courses from the residency classification requirements. Added section 68086 to the ed code. CCC Apply is working on updates that would automatically allow students taking only noncredit to bypass the residency questions. Colleges should have a process to ensure that these students complete the residency classification process prior to enrolling in any credit course. I’m not sure how common it is for a student to transition from only noncredit to some credit courses, there would need to be some kind of flag on a students record so that they go through the residency classification process prior to enrolling in credit courses.

Regulatory Changes (Approved) Nonresident Students in Noncredit Courses In May 2018, the Board of Governors approved a change to T5 section 58003.3. The change eliminates the requirement that students be lawfully admitted in order for districts to claim apportionment for nonresident students in noncredit courses. § 58003.3. ALIEN STUDENTS. APPORTIONMENT FOR NONCREDIT COURSES Notwithstanding section 68062 of the Education Code, for the purposes of crediting community college attendance for apportionments from the State School Fund, a community college district may claim the attendance of students living in California who have been lawfully admitted to the United States in accordance with all applicable laws of the United States and enrolled in noncredit courses in the district. This is a reg change not a statutory change but I thought I would talk about both of the changes related to noncredit together. As you are aware, both resident students and nonresident FTES can be reported for apportionment in noncredit classes, the reason for this is that there are no fees or nonresident tuition in noncredit classes so the full cost is funded by the state. In 2018, the BOG approved a change to title 5 section 58003.3. Eliminates the requirement that noncredit student be lawfully admitted to the US to claim apportionment for them. Apportionment may be claimed for noncredit students as long as they are living in CA. This change was made given the political environment, and the changes and back and forth around DACA Under the old rules noncredit students had to be lawfully admitted to the US. Colleges have no way of knowing this unless they ask. Questions like this tend to deter students who are already facing barriers to enrollment.

Recently Approved Legislation 11/23/2019 Recently Approved Legislation Assembly Bill 3255 (Post Secondary Omnibus Bill) amended Education Code section 68101 A community college district  may accept the residency determination of another community college district pursuant to a process established by the Chancellor’s Office, or if the student is cross- enrolling in a course offered through the Online Education Initiative Consortium. Note: The CCCCO is working to develop a process that enables a community college district to accept the residence determination of another community college district  Once this process is finalized, a memorandum will be sent to the districts describing the process and any required documentation that should be maintained for audit purposes. 15

Recently Approved Legislation AB 3255 (Post Secondary Omnibus Bill) amended Education Code 68075 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. (a) (b)  A student who is a member of the Armed Forces of the United States stationed in this state on active duty,  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. (b) (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. AB 3255 made a change to ed code section 68075. defined what it means to be armed forces of the united states.  The CCCCO previously issued guidance stating that CA National Guard did not constitute being a member of the armed forces for purposes of this section. Eliminated that sentence form the residency document. Added: (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. Modified b, eliminated the requirement that the individual be on active duty. (a) (b)  A student who is a member of the Armed Forces of the United States stationed in this state on active duty,  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. (b) (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.

Recently Approved Legislation AB 2210 (McCarty, 2018) added section 68075.65 to the Education Code This section requires each community college to post on its internet site a notice that sets forth which persons are exempt from paying nonresident tuition pursuant to section 68075.6. The Chancellor’s office issued Legal Advisory 19-02 which contains sample language that colleges maybe posted to community college websites to comply with the requirements set forth in AB 2210. AB 2210 (McCarty, 2018) added section 68075.65 to the Education Code effective January 1, 2019. requiring each community college to post on its internet site a notice that sets forth which persons are exempt from paying nonresident tuition pursuant to section 68075.6. The Chancellor’s office issued legal advisory 19-02 which contains sample language that colleges maybe posted to community college websites to comply with the requirements set forth in AB 2210. 68075.6 was created by AB 343 last year, grants an immediate Nonresident Tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students (important to note that eligible T and U Visa holders are also eligible for this immediate exemption based on the provisions of Education Code section 68122, which ties their exemption status to that of refugees). Eligibility for this exemption includes the requirement that  “upon entering the United States, [the Student] settled in California”. Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code.

Recently Approved Legislation Sample language from Legal Advisory 19-02: Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States. This exemption applies to the following: Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, § 1244) Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059) Afghanistan nationals (and their spouses and children) who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602) Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code Read from slide One thing that is important to note: eligible T and U Visa holders are also eligible for this immediate exemption based on the provisions of Education Code section 68122 (AB1899, 2013), which ties their exemption status to that of refugees. 68122 was used to make T and U visa holder eligible for AB 540 (T and U are nonimmigrant visas) by tying their status to that of refugees. However, the language required that the website notice describe which individuals are eligible for the exemption under 68075.6 which does not reference T and U visa holders.

Recently Approved Legislation VACA Act Change Pub.L. No 115-251 (2018) added a new category of covered individuals eligible for the VACA Act. The new category includes individuals eligible for rehabilitation under 38 U.S. Code § 3102 pursuing a course of education with education assistance from the Training and Rehabilitation for Veterans with Service-Connected Disabilities (Chapter 31) education benefits program. The CCCCO is working to revise ECS 68075.7 to reflect the change. In the meantime, refer to the federal statute (38 U.S.C. 3679(c)) for the complete list of covered individuals. The VACA Act was further amended in September, 2018 by Pub.L. No 115-251, which added a new category of covered individuals. The new category includes individuals eligible for rehabilitation under 38 U.S. Code § 3102 (basic entitlement section) pursuing a course of education with education assistance from the Training and Rehabilitation for Veterans with Service-Connected Disabilities (Chapter 31) education benefits program. The CCCCO is currently working to amend Education Code section 68075.7 to reflect the change in federal law. In the meantime, districts should refer to the federal statute (38 U.S.C. 3679(c)) for the complete list of covered individuals under the VACA Act. Once the CA statute is updated, the VACA Act memo will be revised and released. David Lawrence, recently left the CCCCO. Who took over vets? The change was effective for courses or terms beginning after March 1, 2019, however, on March 4, 2019, the Department of Veterans Affairs issued a waiver extending the deadline for state compliance to September 30, 2019. Colleges should exempt the new group of covered individuals from nonresident tuition effective immediately, but will not be penalized as long as they are in compliance by September 30, 2019.

Apportionment for Tutoring The CCCCO Academic Affairs Division released a memo in January 2019. States that the CCCCO has determined that colleges may collect apportionment for non- credit supervised tutoring hours in which students are strengthening basic skills even if they are seeking support for such skills in transfer-level courses. Apportionment may be claimed for tutoring that strengthens the following skills: Communication/literacy skills Quantitative reasoning skills Critical thinking skills One or more of these skills must be listed in the course outline of record and course syllabi. Another recent change relates to apportionment for tutoring, not a statutory or regulatory change but instead it is a change in interpretation by the CCCCO. In the past, the Chancellor’s Office provided guidance that apportionment may only be collected for supervised tutoring linked to “basic skills” courses. With AB 705, and the movement away from basic skills courses in general, this interpretation became problematic. The CCCCO academic affairs division issued a memo earlier AA19-05 this year stating that they have changed their interpretation of T5 58172 and ECS84757(b). Allowing colleges to claim apportionment for noncredit tutoring where the student is seeking support for courses other than basic skills including transfer level courses as long as the student is strengthening either : communication/literacy skills, quantitative reasoning skills, and critical thinking skills. The thinking around this change is that students seeking support for any of these skills, regardless of the course, endeavor to master a basic skill; therefore, claiming apportionment for the development of any of these areas in a supervised tutoring course is appropriate. However, all of the conditions previously noted under Section 58050, 59402, 58168, and 58170 must be met. This memorandum constitutes a change to the guidance related to those sections, not to the regulations. The only change is to the interpretation that colleges may collect apportionment for support in transfer-level courses through supervised tutoring. One of the most important aspects of those regulatory sections is that colleges “accurately and rigorously monitor positive attendance” and disallow any activities for apportionment that do not fit the criteria of communication/literacy, quantitative reasoning, and critical thinking. 58050 (course is approved, immediate sup and control, etc), 59402 (required instructional materials), 58168 (tutoring general), and 58170 (apportionment for tutoring: designated learning center, positive attendance, cant claim if covered with categorical $)

Recently Approved Legislation AB 1809 Budget Trailer Bill- Apprenticeship Changes Beginning in 2018-19, districts may report hours generated by apprentices on the CCFS- 320 if not reported on the CCFS-321 Course must be taught by a community college faculty member to report attendance on the CCFS-320 Enrollment may be limited to apprentices if that course or course section is required for those students as a part of a registered apprenticeship program. If the course is part of an apprenticeship program in the building and construction trades, the sponsor must approve a decision to report attendance on the CCFS-320 rather than on the CCFS-321. The education trailer bill made a significant change related to attendance accounting for apprenticeship courses. Districts may now report hours generated by apprentices as FTES on the CCFS- 320 if not reported on the CCFS-321 (no double counting) In order to report the hours on the CCFS-320, the course must be taught by a community college faculty member Enrollment may be limited to apprentices if that course or course section is required for those students as a part of a registered apprenticeship program. If the course is part of an apprenticeship program in the building and construction trades (Approx 70% of all programs), the sponsor must approve a decision to report attendance on the CCFS-320 rather than on the CCFS-321 70% of apprenticeship courses are in the building and construction trades, many of these programs are made up primarily of courses offered offsite not taught by a CCC instructor, paid for by the sponsor (would not be eligible to report on the CCFS-320). This option will primarily be used by new/existing apprenticeship courses offered on the CCC campus, taught by ccc faculty, also there are some programs where most of the courses are offsite, but the student is required to take one or two courses at the college, the attendance for these courses could now be reported on the 320, in the past, the college could only report the attendance of non-apprentices in these courses on the CCFS-320, the attendance of apprentices had to be reported on the CCFS-321. Ed code section 79149.1(b): Attendance of apprentices reimbursed pursuant to subdivision (a) [reported on the CCFS-320] shall be reimbursed based on the number of hours of instruction provided to indentured apprentices. The attendance hours generated by credit apprenticeship courses shall be funded at the marginal credit rate determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section.   Title 5 § 58008. Application of Actual Clock Hours of Teaching Procedure. Actual clock hours of teaching procedure is based upon a count of each 50- through 60-minute hour of instruction devoted to each indentured apprentice enrolled in and attending apprenticeship courses of related and supplemental instruction pursuant to Labor Code section 3074.

AB 540 AB 540 Nonresident Tuition Exemption (effective January 1, 2002) Original Eligibility Criteria: Individual other than a nonimmigrant who attended HS in California for three or more years AND graduated from a California HS (or attained the equivalent). Effective January 1, 2013, AB 1899 (EC § 68122). expanded eligibility to include nonimmigrant students holding “T” or “U” Visas. Effective January 1, 2015, AB 2000 (EC § 68130.5) expanded eligibility to include students who: Demonstrate attainment of credits earned in California from a California HS equivalent to three or more years of full-time HS coursework AND a total of three or more years of attendance in California elementary/secondary schools or a combination of those schools AND graduated from a California HS (or attained the equivalent). The next bill I am going to cover is SB 68 which expanded eligibility criteria for AB 540, In order to provide some context for the discussion, I will start with a brief history of AB 540 including bills that have passed since the implementation amending the original law and then I will get into SB 68. Original AB 540 Eligibility Criteria: A student, other than a nonimmigrant who attended HS in California for three or more years AND graduated from a California HS (or attained the equivalent) shall be exempt from paying nonresident tuition (2001 bill) AB 1899 Effective January 1, 2013, (EC § 68122). expanded eligibility, made T and U visa holders eligible for AB 540 (created an exception to the nonimmigrant exclusion) , treated the same as refugees. If a T or U visa holder went to high school and graduated just like a refugee, then they are eligible for the AB 540 exemption just like a refugee. If a T or U visa holder does not meet the AB 540 requirements, then they are eligible to establish residency in the same manner as a refugee (physical presence and intent).   AB 2000, Effective January 1, 2015, (EC § 68130.5) expanded eligibility for AB 540 nonresident tuition exemption to include students who: have credits earned from a California high school equivalent to three or more years of full time HS course work, and three years of attendance at elementary/ secondary schools, and graduated from a CA high school (or equivalent) The California Dream Act: AB 130 and 131 (2011) Made AB 540 students eligible to apply for and receive financial aid. This change was effective January 1, 2012 for institutional financial aid and January 1, 2013 for state financial aid.

AB 540 Recently Approved Legislation: SB 68 (Lara, 2017) 11/23/2019 AB 540 Recently Approved Legislation: SB 68 (Lara, 2017) SB 68, effective January 1, 2018, amended Education Code section 68130.5 and significantly expanded eligibility criteria for AB 540. Two main changes: Attendance Requirement: SB 68 amended the attendance requirement to allow attendance (or credits earned) at: California High Schools, California Adult Schools, California Community Colleges (limit: 2 years in CCC credit courses), or a combination of these, to count toward the three year requirement. Completion of a course of study: Under SB 68 a student may satisfy the completion requirement with graduation from a California high school or the equivalent, OR attainment of an AA degree from a CCC OR fulfilment of the minimum requirements to transfer to a UC or CSU. In 2017, SB 68 amended Education Code section 68130.5 and significantly expanded eligibility for AB 540. There were two main changes: Attendance Requirement: SB 68 amended the attendance requirement to allow attendance (or credits earned) at California High Schools, California Adult Schools (established by a county office education, a unified school district or high school district, or the Department of Corrections and Rehabilitation), California Community Colleges, or a combination of these to count toward the three year requirement. So its no longer just attendance/credits earned at a California high school. Regarding attendance at a California community college, Attendance in credit courses may not exceed two years of full-time attendance. This would satisfy two of the three years, a student would still need one year of full time attendance (or credits) at either an adult school, noncredit CCC, high school to meet the three year requirement. 2. Completion of a course of study: Under SB 68 a student may satisfy the completion requirement with graduation from a California high school or the equivalent, OR attainment of an AA degree from a CCC OR fulfilment of the minimum requirements to transfer to a UC or CSU.

AB 540 Amended Education Code 68130.5 (a)(1)(B): Recently Approved Legislation: AB 3255 (Post Secondary Omnibus Bill) Amended Education Code 68130.5 (a)(1)(B): (B) Three or more years of full-time high school coursework 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.

Current AB 540 Exemption Eligibility Criteria 11/23/2019 Current AB 540 Exemption Eligibility Criteria Requirement 1: Attendance at California schools Two Paths: Total attendance (or attainment of credits earned) in California equivalent to three or more years of full-time attendance at California high schools, California high schools established by the State Board of Education, California adult schools (established by a county office of education, a unified school district or high school district, or the Department of Corrections and Rehabilitation), campuses of the California Community Colleges, or a combination of these; or 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. Requirement 1: Attendance at California schools. There are two ways to meet this requirement: 1. Total attendance (or attainment of credits earned) in California equivalent to three or more years of full-time attendance at California high schools, California high schools established by the State Board of Education (purpose is to include all accredited high schools), California adult schools (established by a county office of education, a unified school district or high school district, or the Department of Corrections and Rehabilitation), campuses of the California Community Colleges, or a combination of these; or Three or more years of full-time California high school coursework, 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. (Ed. Code, § 68130.5, subd. (a)(1).) This is similar to the AB 2000 requirements The statute includes specific language as to what constitutes a year of full time attendance (hours, units) ___________________________________________________________________________________________________________________ From Peter: California high schools, California high schools established by the State Board of Education: purpose of this is to capture all accredited high schools, whether public or private, that are established and accredited by some state entity.  Marc has taken the stance that community college districts only need to recognize and accept students from accredited high schools. Full-time attendance at a California community college means either 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 non-credit courses authorized by Education Code section 84757. Attendance in credit courses at a California community college counted towards this requirement shall not exceed a total of two years of full-time attendance. (Ed. Code, § 68130.5, subds. (a)(1)(C)(i), (a)(1)(C)(ii).) Full-time attendance at a California adult school means a minimum of 420 class hours of attendance for each school year in classes or courses authorized by Education Code section 41976, or Penal Codes sections 2053 or 2054.2. (Ed. Code, § 68130.5, subd. (a)(1)(C)(i).)   High School: 55 credits, 165 credits Adult School: 420 class hours, 1260 class hours Community College (Credit): 24 credit units, May only use up to two years (48 credit units) Community College (noncredit): 420 class hours, 1260 class hours

Current AB 540 Exemption Eligibility Criteria 11/23/2019 Current AB 540 Exemption Eligibility Criteria Requirement 2: Completion of a course of study This requirement may be met in any of the following ways: Graduation from a California high school or equivalent. Attainment of an associate degree from a California community college. Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a California community college. (Ed. Code, § 68130.5, subd. (a)(2).) Requirement 2: Completion of a course of study. This requirement may be met in any of the following ways: Graduation from a California high school or equivalent. Attainment of an associate degree from a California community college. Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a California community college.

Current AB 540 Exemption Eligibility Criteria 11/23/2019 Current AB 540 Exemption Eligibility Criteria Requirement 3: Registration. Requires registration as an entering student at, or current enrollment at, an accredited institution of higher education in California. Requirement 4: Affidavit of student without lawful immigration status. Students without lawful immigration status must file an affidavit with their college or university stating that the student has either 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. (Note: All students seeking the AB 540 exemption must complete the affidavit.) Requirement 3: Registration. In order to qualify for the AB 540 exemption, a student must be registered as an entering student at, or current enrollment at, an accredited institution of higher education in California. (Ed. Code, § 68130.5, subd. (a)(3).) Requirement 4: Affidavit of student without lawful immigration status. Students without lawful immigration status must file an affidavit with their college or university stating that the student has either 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. (Ed. Code, § 68130.5, subd. (a)(4).) (Note: All students seeking the AB 540 exemption must complete the affidavit.) The cccco does not require transcripts/supporting documentation. The requirement in the statute is that the student complete and sign the affidavit, the CCCCO has not increased this requirement. The decision of whether to require supporting documentation is a local decision. Statement on the affidavit: Applicants must submit, as part of this form, official transcripts/attendance records that validate any of the information above as requested by the College, District, or University residence official. From Peter: This is an interesting issue because we have a few places where there is language of something happening in the future.  Example: I have graduated or will graduate with a H.S. diploma. Practically, high school seniors applying to college have not yet graduated, but they will, and they need the exemption so we included this future language.   To answer your question: Yes, the law requires that all students seeking the exemption complete the affidavit. The language that a student has either applied to legalize immigration status or as soon as the student is eligible was drafted to include students who were still in the process of legalizing.  Again, the intent of the bill is to be more inclusive so that’s why the advisory was written the way it was.  That’s also why we included the “will graduate” language so we don’t unintentionally exclude anyone.

AB 540 Attendance Requirement Full-time Attendance Equivalents   1-Year Equivalent 3-Year Equivalent High School 55 credits 165 credits Adult School 420 class hours 1260 class hours Community College (Credit) 24 credit units May only use up to two years (48 credit units) Community College (noncredit) 420 class hours

B-Visas and AB 540 Eligibility Three separate issues: Is an out-of-status B-visa student eligible for AB 540? Yes. Legal Advisory 18-02, page 8 states: Students who previously held valid nonimmigrant visas but who are out-of-status at the time of execution of the affidavit are eligible for the exemption. 2. When do they become eligible? The CCCCO Legal Division has always taken the position that if the student overstays his/her I-94 authorization date, the student is in violation of the terms of that visa and would be considered to be “out of status” even if the passport is not expired. Is an out-of-status B-visa student eligible for AB 540? Yes. Legal Advisory 18-02, page 8 states: Students who previously held valid nonimmigrant visas but who are out-of-status at the time of execution of the affidavit are eligible for the exemption. So, a student came in under a B-visa, overstays, they are then out of status and would be eligible for AB 540. 2. When do they become eligible? The CCCCO Legal Division has always taken the position that if the student overstays his/her I-94 authorization date, the student is in violation of the terms of that visa and would be considered to be “out of status” even if the passport is not expired. B visas are issued for a long period of time (10 years) the propose of this is that the individual can stay in the US, then travel back to their home country once they reach the end of their authorized stay (6 months) and then if they want to return to the US later, they don’t have to get another passport but do need to renew their I-94. They do have a 10 year passport, but they are not authorized to stay for 10 years, and are eligible for deportation if they overstay their I-94 authorization date.

B-Visas and AB 540 Eligibility (cont.) 3. Can a B-visa student may be admitted? Individuals with a B-1 or B-2 visa are prohibited from enrolling in a course of study. However, the prohibition is on the visa holder, not the college (there is nothing in the law that says colleges may not enroll B-visa holders). The CCCCO Legal Division has not issued an opinion on this matter, instead, they defer to college’s legal counsel to set a policy of enrolling or not enrolling B-visa holders. 3. Can a B-visa student may be admitted? Individuals with a B-1 or B-2 visa are prohibited from enrolling in a course of study. However, the prohibition is on the student, not the college (there is nothing in the law that says colleges may not enroll B-visa holders). The CCCCO Legal Division has not issued an opinion on this matter, instead, they defer to college’s legal counsel to set a policy of enrolling or not enrolling B-visa holders. This feels like a cop out

Recent modifications to the CCFS-320 Report The Student Centered Funding Formula has new metrics that required some minor changes to the CCFS-320 Apportionment Attendance Report. The changes are included under District Forms, Part IX, which was modified as follows beginning 2018-19: AB 540 Headcount & Special Admit FTES is now reported at each reporting period (first, second, annual, and recal). Prior to this change, this data was not reported for at the first reporting period (P1). A field was added for districts to provide the number of FTES (credit, noncredit, and total) generated by incarcerated students eligible to attend the Colleges of the District pursuant to Ed Code Section 84810.5(a) A few changes were made to the CCFS-320 report to collect data needed for the new funding formula (SCFF). All the changes are included in Part 9 under the district forms tab (shown here). Data on AB 540 students (headcount) and special admit FTES are now reported at P1 (in the past, this information was reported at P2, annual and recal only). A field was added for districts to report the number of FTES generated by incarcerated students (in inmate education). All three of these fields should reflect the total for the fiscal year, these numbers are not annualized, at P1 districts should submit their best estimate of the total for the year. (estimate based on prior year, and look at the date for P1) AB 540 data is included in the supplemental allocation (AB 540, Pell, Cal Promise grant Recipients) Special admit FTES and Inmate education FTES are still funded at the old rates. No changes to general FTES reporting, still have the same attendance accounting procedures, annualizers still work in the same way, no change to summer shift, etc

Recent modifications to the CCFS-320 due to the SCFF. A few changes were made to the CCFS-320 report to collect data needed for the new funding formula (SCFF). All the changes are included in Part 9 under the district forms tab (shown here). Data on AB 540 students (headcount) and special admit FTES are now reported at P1 (in the past, this information was reported at P2, annual and recal only). A field was added for districts to report the number of FTES generated by incarcerated students (in inmate education). All three of these fields should reflect the total for the fiscal year, these numbers are not annualized, at P1 districts should submit their best estimate of the total for the year. (estimate based on prior year, and look at the date for P1) Each of these fields should include the total estimate for the fiscal year, not just the number that has already been generated. Annualizers do not apply to this section of the CCFS-320 AB 540 data is included in the supplemental allocation (AB 540, Pell, Cal Promise grant Recipients) Special admit FTES and Inmate education FTES are still funded at the old rates.

Pending Legislation 11/23/2019 For the second part of the presentation we will cover recently approved legislation, reg changes, and other current updates. We tried to include all recently approved bills that impact student residency and or attendance accounting in some way.

Pending Legislation Amends ECS 76004 AB 30 Amends ECS 76004 Directs the CCCCO to revise the special part-time student application process so that a student is only required to apply once for the duration of their attendance as a special part-time student participating in a CCAP agreement. Also requires only one parental consent form and one principal recommendation. Adds language stating that units completed pursuant to a CCAP agreement may count toward determining a students eligibility for priority registration.

Pending Legislation Amends ECS 68120 AB 1090 Amends ECS 68120 Provides an exemption from mandatory campus fees for surviving spouses and children of a California resident employed by or contracted with a public agency as a law enforcement officer or firefighter who died in the performance of their duties. (a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required of or collected by the Regents of the University of California, the Board of Directors of the Hastings College of the Law, the Trustees of the California State University, or the Board of Governors of the California Community Colleges Colleges, or any campus of the University of California, the California State University, or the California Community Colleges from any surviving spouse or surviving child of a deceased person who met all of the following requirements:

Pending Legislation Amends ECS 84760.5 AB 1727 Amends ECS 84760.5 Would allow CDCP noncredit courses that meet certain requirements outlined in the statute, to calculate FTES using either positive attendance (currently the only option) or a census procedure (either weekly or daily census depending on the course attributes). Would require the CCC Board of Governors to adopt regulations, no later than April 15, 2020. Currently, the attendance accounting rules are contained in the regs, this would require that those regs be updated to allow certain CDCP courses to apply a census procedure. 84760.5.  (a) For purposes of this chapter, the following career development and college preparation courses and classes for which no credit is credit is not given, and that are offered as a complement of courses, through both face-to-face and distance education instructional methods, 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 are 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 high employment potential, as determined by the chancellor in consultation with the Employment Development Department using job demand data provided by that department. (4) Classes and courses in English as a second language and vocational English as a second language. Does not apply to open entry-open exit courses.

Pending Legislation AB 1729 Amends ECS 48800 Creates an exclusion from the 5 percent principal recommendation limit for high school students. During the summer term, the HS principal may only recommend up to 5% of the students in each grade level for community college summer session attendance. (ECS 48800) AB 526 (2016) created an exclusion for qualified CCAP students from the 5% principal recommendation limit. This bill would exclude certain students taking the following courses from the 5% principal recommendation limit: • Lower division college level credit courses that are transferable to the CSU • College level occupational credit courses assigned a priority code of “A”, “B”, or “C” if the course is part of a sequence leading to a certificate in the subject area. The 5% limitation applies to all physical education courses.

Pending Legislation Amends ECS 52620, 52621, 76001, 76002 SB 554 Amends ECS 52620, 52621, 76001, 76002 Allows adult students to be admitted to a community college as a “special admit” student and dually enroll in community college courses while they pursue their high school diploma at an adult school. Under the current special admission rules, this section applies to individuals under 18 or possible 18 still enrolled in high school. This change would give eligible adult school students the option of enrolling under the regular admission rules or the special admission rules, could participate in CCAP.

11/23/2019 Pop Quiz

Pop Quiz When is residency determined? The first day of the term The day before the first day of the term The first day of the fiscal year January 1st of each year Answer: b The residence determination date is the day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proses to attend.

Pop Quiz True or False A minor derives their residence from their parent(s). True. Bonus Question: If the parents do not live together, which parent does the minor derive residence from? A: The minor derives residence from the parent with whom they reside. If they reside with neither parent, they derive residence from the parent with whom they most recently resided. EC § 68062(f). True. The residence of the parent with whom an unmarried minor child resides is the residence of the unmarried minor child. When the minor lives with neither parent, his or her residence is that of the parent with whom he or she last resided. EC § 68062(f)

Pop Quiz An individual may derive residence from his or her spouse. True or False An individual may derive residence from his or her spouse. False. Caveat: ECS 68074 grants an exemption to residence classification for dependents of members of the military on active duty stationed in California. Each individual capable of establishing residence must do so on their own. A person’s residence shall not be derivative from that of his or her spouse.

Pop Quiz True or False The one year period necessary to be classified as a resident begins on the day the individual enters California. False The one-year period necessary to be classified as a resident does not begin until the student both is present and has manifested clear intent to become a California resident. EC § 68062(d); T5 § 54020 The one-year residence period necessary to be classified as a resident does not begin until the student both is present and has manifested clear intent to become a California resident. EC § 68062(d); T5 § 54020 Manifestations of intent include: (T5 54024) (1) Ownership of residential property or continuous occupancy of rented or leased property in California. (2) Registering to vote and voting in California. (3) Licensing from California for professional practice. (4) Active membership in California professional, religious, merchant, or service organizations or social clubs. (5) Presence of spouse, children or other close relatives in the state. (6) Showing California as home address on federal income tax form. (7) Payment of California state income tax as a resident. (8) Maintaining California motor vehicle license plates and registration. (9) Possessing a California driver's license or California ID. (10) Maintaining permanent military address or home of record in California while in armed forces. (11) Establishing and maintaining active California bank accounts. (12) Being the petitioner for a divorce in California. 13) Remaining in California during academic breaks 14) Registering for the Selective Service in California (indicating California address)

Pop Quiz True or False Special part-time students are exempt from the nonresident tuition fee. True. AB 2364 (2017) requires districts to exempt all qualifying nonresident special “part-time” students (other than those with a non-immigrant status, such as those present in the United States on a B Visa on an F Visa *) from the nonresident tuition fee and expressly allows districts to report their attendance as resident FTES for apportionment purposes. (ECS 76140)

Pop Quiz True or False A student with a nonimmigrant visa (such as a B visa or F visa) is not eligible for AB 540 until their passport expires. False. If the student overstays his/her I-94 authorization date, the student is in violation of the terms of that visa and would be considered to be “out of status” even if the passport is not expired. Students who previously held valid nonimmigrant visas (such as a B visa or F visa) but who are out-of-status at the time of execution of the affidavit are eligible for the AB 540 exemption.

Pop Quiz Are certain students entitled to automatic residence classification? Yes. The Education Code prescribes several exceptions to residence determination—some are required (e.g. military members stationed in CA ECS 68075) and some are permitted (e.g. individuals hired as a peace officer by public agency ECS 76140.5). These apply where an individual that is NOT otherwise eligible to be classified as a Resident for tuition purposes, can nonetheless be classified as a Resident and claimed for apportionment purposes if applicable requirements are met.

Pop Quiz True or False A student who has credits earned from a California high school equivalent to 3 years of full-time attendance (165 credits) but did not actually attend for three years would meet the attendance requirement for AB 540. True. Students don’t necessarily need the length of time (three years). They just need the equivalent of three years of full time attendance. The following table is what I refer to in determining how many credits a student needs in the different segments. 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.

11/23/2019 Questions/Comments

Natalie Wagner (916) 327-1554 nwagner@cccco.edu Chancellor’s Office 11/23/2019 Contact Information Natalie Wagner (916) 327-1554 nwagner@cccco.edu Chancellor’s Office 49