Article 3.7. Working Families Student Fee Transparency And Accountability Act of California Education Code >> Division 5. >> Title 3. >> Part 40. >> Chapter 2. >> Article 3.7.
This article shall be known, and may be cited, as the
Working Families Student Fee Transparency and Accountability Act.
For purposes of this article, the following terms have the
following meanings:
(a) "Consultation" or "consult" means a meeting between
representatives from the University of California or the California
State University and their respective statewide student association
representatives in which the representatives from the institutions
provide, at minimum, all the following information at least five days
before the meeting:
(1) A justification for a fee increase proposal, setting forth the
facts supporting the fee increase.
(2) A statement specifying the purposes for which revenue derived
from a fee increase will be used.
(3) A description of the efforts to mitigate the impact of the fee
increase on needy students.
(4) The potential impact to students, including, but not limited
to, the changes to the minimum workload burden for all students, if
applicable, institutional financial aid awards, and the average
student loan debt for undergraduates.
(5) Alternative proposals that can be considered in lieu of the
proposed net student fee revenue proposal.
(b) "Cost of attendance" means the mandatory systemwide fees,
books and supplies, room and board, transportation, and miscellaneous
personal expenses for an undergraduate California resident student,
as used in determining financial aid eligibility.
(c) "Mandatory systemwide fees" means the fees that resident
students enrolled in the California State University or the
University of California, as applicable, are required to pay in order
to enroll in courses for the academic term pursuant to any law or
any policy adopted by the trustees or the regents, as applicable.
(d) "Regents" means the Regents of the University of California.
(e) "Resident" means a student who is exempt from paying
nonresident tuition pursuant to Chapter 1 (commencing with Section
68000) of Part 41.
(f) "Trustees" means the Trustees of the California State
University.
The following requirements apply to student financial aid
for resident students, and mandatory systemwide fees charged at the
University of California and the California State University:
(a) As any changes in mandatory systemwide fees and financial aid
resources are considered, the impact on students shall be explained
to students, including, but not limited to, changes to the minimum
work or loan burden for all students, if applicable, institutional
financial aid awards, and the average student loan debt for
undergraduate students.
(b) Students shall be consulted before increases on mandatory
systemwide fees are proposed, so that students can provide input and
ask questions regarding the need for any increases in mandatory
systemwide fees.
(c) Adequate advance notice shall be provided to students
regarding any future mandatory systemwide fees, thereby allowing the
students and their families greater time to prepare for the mandatory
systemwide fees to be assessed.
(d) In order to ensure that access is not precluded for any
eligible student, and particularly for financially needy students,
all current and prospective students shall be provided with timely
information concerning student financial aid, including the processes
associated with applying for and obtaining student financial
assistance.
(e) In order for the general public to maintain confidence in the
state's public colleges and universities, the state's public colleges
and universities shall ensure transparency in the uses of mandatory
systemwide fee revenue and the rationale for implementing mandatory
systemwide fee increases.
(a) Ten days prior to holding a meeting to discuss or
adopt an increase in mandatory systemwide fees, the University of
California and the California State University shall provide public
notice of the proposed mandatory systemwide fee increase as a
discussion item in the public agenda for a meeting of the respective
governing board. The public notice shall allow for comments to be
received, both verbally and in writing, at the meeting and during the
45-day period required pursuant to subdivision (c). The public
notice of the proposed mandatory systemwide fee increase shall, at a
minimum, include all of the following:
(1) A justification for the fee increase proposal, setting forth
the facts supporting the fee increase.
(2) A statement specifying the purposes for which revenue derived
from a fee increase will be used.
(3) A description of the efforts to mitigate the impact of the fee
increase on needy students.
(4) The potential impact to students, including, but not limited
to, the changes to the minimum workload burden for all students, if
applicable, institutional financial aid awards, and the average
student loan debt for undergraduates.
(5) Alternative proposals that can be considered in lieu of the
proposed net student fee revenue proposal.
(b) The University of California and the California State
University shall consult with their respective statewide student
associations at least 30 days prior to providing public notice of the
proposed mandatory systemwide fee increase. The range of potential
mandatory systemwide fees under consideration for the next fiscal
year shall be discussed with appropriate student representatives at
the time of consultation before public notice of the mandatory
systemwide fee increase proposal.
(c) The regents and the trustees shall not act to adopt a
mandatory systemwide fee increase until at least 45 days after a
public meeting is held to discuss the fee. The regents and the
trustees shall provide a summary of the comments received pursuant to
subdivision (a) in the public notice provided before the meeting to
adopt a mandatory systemwide fee increase.
(d) The regents and the trustees shall not adopt an increase in
mandatory systemwide fees after the 90th day prior to the
commencement of classes for the academic year. This prohibition shall
not apply to an increase in mandatory systemwide fees for a summer
session.
(e) (1) In cases where the Governor's proposed budget reduces
General Fund appropriations from the prior annual Budget Act for the
support of the operations of University of California or California
State University, the Legislature enacts or authorizes reduced
General Fund appropriations from the prior annual Budget Act for the
support of the operations of University of California or California
State University, the Legislature enacts a budget reduction for the
General Fund support of the operation of the University of California
or California State University in the middle of a fiscal year, or
the Governor implements a budget reduction for the General Fund
support of the operation of the University of California or
California State University in the middle of a fiscal year,
subdivisions (a), (b), (c), and (d) shall not apply.
(2) In the instances described in paragraph (1), the University of
California and the California State University shall discuss with
their respective statewide student associations proposals for
mandatory systemwide fee increases at least seven days before posting
notice of action to increase those fees. An increase in the
mandatory systemwide fees at the University of California or the
California State University shall not become effective until at least
30 days have elapsed after the date on which the fee increase was
adopted.
(f) Following the adoption of an increase in mandatory systemwide
fees in accordance with this act, the University of California and
the California State University shall notify matriculated students of
the mandatory systemwide fees to be assessed in the upcoming
academic year or the upcoming quarter or semester. In addition, the
respective institution shall simultaneously inform students about the
availability of student financial aid and the procedures for
obtaining that financial aid in order to assist students with meeting
the increased costs of attendance.
(a) On or before April 2, 2013, the regents and the
trustees each shall develop a list of factors that shall be taken
into consideration when developing recommendations to adjust
mandatory systemwide fees consistent with the policies set forth in
this article. The factors shall include, at a minimum, the level of
state support, total cost of attendance, impact on various categories
of students, including historically underrepresented students and
low- to middle-income students, as well as efforts to mitigate the
impacts.
(b) The factors, and any subsequent amendments to those factors,
shall be developed in consultation with the appropriate statewide
student body associations and shall be formally adopted by the
regents or the trustees in an open and public meeting.
(c) Nothing in this section shall be construed to exempt any
increase in mandatory systemwide fees from the requirements of
Section 66028.3.
(a) The regents and the trustees are urged to maintain
their commitment to institutional financial aid program funding by
ensuring that at least 33 percent of the revenues of an increase to
existing mandatory systemwide fees charged to undergraduate students
is set aside by the regents or the trustees, as applicable, for
institutional student aid to assist resident undergraduate students,
including those undergraduate students exempt from nonresident
tuition pursuant to Sections 68075.5 and 68130.5, and families in
meeting the total cost of education.
(b) The regents and trustees shall report their compliance with
this section in their respective annual reports on institutional
financial aid pursuant to Section 66021.1.
(a) Notwithstanding Section 10231.5 of the Government
Code, commencing with the 2012-13 academic year, the regents and the
trustees shall annually provide the Legislature, by February 1 of
each year, with detailed information regarding expenditures of
revenues derived from student fees and uses of institutional
financial aid, and shall provide information regarding the systemwide
average total cost of attendance per student. For purposes of
meeting the requirements of this section, the regents and the
trustees may include this information in their respective annual
report on institutional financial aid pursuant to Section 66021.1.
(b) Notwithstanding Section 10231.5 of the Government Code,
commencing with the 2012-13 academic year, the Legislative Analyst's
Office shall annually review, by March 1 of each year, institutional
compliance with the policies set forth in this article, and report,
in writing, to the Legislature its 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 this section shall be submitted
in compliance with Section 9795 of the Government Code.