Student Residency Classification Overview and
Description: Student Residency Classification Overview and Current Updates Natalie Wagner, CCC Chancellors Office CACCRAO Annual Conference 2024 1 AGENDA Basic Residency Definitions Primary Purposes for Residence Classification General Rules and
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slide1. Student Residency Classification Overview and Current Updates Natalie Wagner, CCC Chancellor’s Office CACCRAO Annual Conference 2024 1<br>
slide2. AGENDA Basic Residency Definitions
Primary Purposes for Residence Classification
General Rules and Guidelines
Current Updates and Reminders
Attendance Accounting Changes Coming
Residency Quiz
Questions/Comments<br>
slide3. 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<br>
slide4. Basic Residency Definitions Residence:
To establish or change a residence, a person capable of establishing residence must couple his or her physical presence with objective evidence that the physical presence is with intent to make California the home for other than a temporary purpose. EC §68062(d); Note: Physical presence alone is insufficient; intent alone is insufficient
Residence Determination Date:
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 proposes to attend a college. Enrollments in late starting classes within a term are subject to this uniform residence determination date.<br>
slide5. 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) )<br>
slide6. 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)<br>
slide7. 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<br>
slide8. 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)<br>
slide9. 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)<br>
slide10. 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)<br>
slide11. 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)<br>
slide12. 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.<br>
slide13. Recently Passed Legislation and Current Updates<br>
slide14. AB 1540: AB 540 Affidavit from CSAC AB 1540 (Fong, 2023) amended Education Code section 68130.5 to require that community colleges accept a student’s AB 540 affidavit from the California Student Aid Commission (CSAC) that is completed as part of the student’s California Dream Act financial aid application.
CSAC is responsible for sending the completed affidavit to all colleges listed on the student’s California Dream Act application.
Once the affidavit is received from CSAC, the college should have a process in place to share the affidavit with all relevant departments within the college.
CSAC is not responsible for determining student eligibility for the AB540 nonresident tuition exemption or for verifying the information on the affidavit.
Colleges may take steps to determine a student’s eligibility including verifying the information provided in the affidavit 14<br>
slide15. Apportionment for Tutoring AB 1187 (Irwin) AB 1187(Irwin, 2022) expands the type of noncredit courses eligible for state apportionment funds to include supervised tutoring for foundational skills and for degree-applicable and transfer-level courses.
The intended outcome is for all courses in students’ English and mathematics sequences to be eligible for supervised tutoring and thereby enable more students to be successful in courses leading to degrees, certificates, and transfer in less time and reducing the number of units students accumulate in their academic journey. 15<br>
slide16. Apportionment for Tutoring 84757
(a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:
.
.
.
(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph. 16<br>
slide17. Regulatory Changes: Tutoring In 2023, the CCCCO approved regulatory changes to align the regulations with the changes in statute.
These changes are summarized in memo ESLEI 24-06 .
Reminders:
1. A tutorial center may offer tutoring where the tutor and tutee are separated by distance and are using on-line or other synchronous “real time” technologies. When this method is used, the supervisor must be able to monitor the communication and accurately track positive attendance hours.
2. Districts may not claim apportionment for tutoring that is fully funded by another source such as categorical funds. 17<br>
slide18. Regulatory Changes: Tutoring 18<br>
slide19. Mandated Holidays: Lunar New Year AB 264 AB 264 (Ting). Allows community college districts to replace Lincoln Day or Washington Day with the date corresponding with Lunar New Year. 19<br>
slide20. Special Admit FTES Limits Special Admit FTES Limits:
1. A district may only claim apportionment for up to 10% special admit students enrolled in a PE course, if they go over this amount the extra students must be excluded from the apportionment calculations.
(Special admit students in a PE course/total students in the PE course < 10%)
2. A district may not claim apportionment for special admit students enrolled in PE courses in excess of 5% of the districts total special admit students.
(Special Admit PE/total special admit FTES < 5%)
3. Statewide Cap: Special Admit FTES shall not be more than 10 percent of total FTES statewide. (76004(w)) 20<br>
slide21. Afghan and Ukrainian Parolees In 2021 the U.S. Department of Homeland Security granted certain Afghan individuals with humanitarian parole in response to their need for rapid evacuation and relocation under Operation Allies Refuge/Operation Allies Welcome.
In 2022, there was a similar evacuation of citizens and foreign nationals of Ukraine under the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA). These individuals were also granted humanitarian parole.
Being “paroled” into the US is the most expedient way to get people out of a certain country or identified area during evacuations. Being granted parole means that this person has permission to enter the US before having applied or been approved for an actual status such as refugee or a visa. 21<br>
slide22. Afghan and Ukrainian Parolees Education Code section 68075.6 grants a one-year exemption to Nonresident Tuition fees to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) who settled in California upon entering the United States.
Given their eligibility to apply for benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), Afghan humanitarian parolees and Ukrainian parolees who settled in California upon entering the United States may be eligible for this one-year nonresident tuition exemption until March 31, 2023 (for Afghan Parolees), or September 30, 2023 (for Ukrainian Parolees) or the end of their parole term, whichever is later.
No new nonresident tuition exemptions have been added specifically for Afghan or Ukrainian Parolees. ECS 68075.6 is an option as long as the individual does not have another status or visa that precludes them from being eligible. 22<br>
slide23. Nonresident Tuition Exemption for Refugees Reminder: Education Code section 68075.6 grants an immediate Nonresident Tuition exemption to eligible Special Immigrant Visa (SIV) holders and refugee students. This exemption is granted for one year (the time it takes to establish residence).
The statute cites refugees admitted under Section 1157 of Title 8 of the United States Code. Title 8 USC section 1157 is tied to section 207 of the Immigration and Nationality Act: Admission of Refugees
If students refugee paperwork includes references to section 207, this also makes them eligible. The statute is intended to apply to refugees broadly, not a certain population of refugees. 23<br>
slide24. Nonresident Tuition Exemption for Students Enrolled in 6 or Fewer Units Reminder: Education Code section 76140(a)(1) allows community college districts to provide a nonresident tuition exemption to students taking 6 or fewer units. The language states Exemptions made pursuant to this paragraph shall not be made on an individual basis, meaning that either the exemption applies to all nonresident students who take 6 or fewer units or the district does not offer this exemption at all.
Our office has been informed that a few colleges have approved nonresident tuition exemptions for students taking 6 or fewer units but allowing only certain students to qualify for the exemption rather than all nonresident students as the law requires.
Our legal division is looking at this, will likely issue guidance reminding districts that the exemption may not be provided to only certain groups of students. 24<br>
slide25. Public Safety ISA Report 25 Pursuant to AB 1942 (2022, Muratsuchi), beginning January 1, 2024, each community college district with an instructional service agreement (ISA) with a public safety agency may annually submit a copy of the most up-to-date ISA, as well as specified data related to course offerings, enrollment, and course completion, to the California Community Colleges Chancellor’s Office for review.
The Public Safety ISA Report in NOVA includes submission of current ISA documents.
This instructional video provides information and guidance on completing the report.<br>
slide26. Proposed Legislation: SB 971(Portantino) Nonresident Tuition Exemption SB 971(Portantino) proposes to amend education code section 76140 to add a nonresident tuition exemption for a low-income student who:
is a resident of a region impacted by war or other regional conflict, as specified
registers for lower division courses at a community college, and
has indicated that they have sought residency in California in an effort to find relief from identified conflicts in their nation of origin.
Districts may report these as resident FTES for apportionment purposes, up to 150 FTES. 26<br>
slide27. New Standardized Attendance Accounting Method for Credit Courses<br>
slide28. Working Learner Taskforce: Attendance Accounting Changes 28 Our office convened the Working Learner Taskforce to propose updates to the current attendance accounting rules for credit courses through regulatory changes.
The purpose of these updates is to remove barriers and incentivize the offering of shorter-length and flexible courses to better serve working adults.
The updated regulations were presented at Consultation Council in January and went to the Board of Governors for a first reading in January and a second reading in March.<br>
slide29. Standardized Attendance Accounting for Credit Courses The proposed changes eliminate three of the existing attendance accounting methods (weekly census, daily census, and the alternative attendance accounting procedure for credit courses) and replace these with the new standardized attendance accounting method. Current Attendance Accounting Methods
Weekly Census
Daily Census
Positive Attendance (Credit and Noncredit)
Alternative Attendance Accounting Method (Credit)
Alternative Attendance Accounting Method (Noncredit) Proposed Attendance Accounting Methods
Standardized Attendance Accounting Method
Positive Attendance (Credit and Noncredit)
Alternative Attendance Accounting Method (noncredit) 29<br>
slide30. Standardized Attendance Accounting for Credit Courses Proposed New Methodology FTES = X Standardized Total Hours (based on COR) # of Students enrolled at Census 525 30<br>
slide31. Standardized Attendance Accounting for Credit Courses Sample Calculations 31 3 unit course, semester college
3 units * 18 hours =54 standardized total hours
54 total hours x 30 students = 1620 / 525 = 3.09 FTES
3 unit lecture course with 1 unit of lab, semester college
3 units * 18 hours =54 standardized total hours (lecture)
1 unit * 54 hours =54 standardized total hours (lab)
54 + 54 = 108 standardized total hours x 30 students = 3240 / 525 = 6.17 FTES<br>
slide32. Summary of Regulatory Changes: BOG First Reading Eliminate Daily, Weekly, and Alternative for Credit attendance accounting methodologies
Proposed related Title 5 sections would become inoperative by June 30, 2025
Standardize hours per unit of lecture
Standardize hours per unit of lab
Align definition to Title 5, § 55002.5 and the Program and Course Approval Handbook
Removal of financial penalties for shorter-length courses and more innovative scheduling. 32<br>
slide33. Updates to Proposed Regulatory Changes: BOG Second Reading The proposed regulatory changes taken to the Board in January included one optional year (2024-25) and required all districts to implement the new attendance accounting method starting in 2025-26.
In response to comments received, we have added one more optional year. Districts would have the option of using the existing attendance accounting methods in 2024-25 and 2025-26. New method must be fully implemented beginning in 2026-27.
Full Transition must happen in a single year 33<br>
slide34. CCFS-320 Reminders<br>
slide35. CCFS-320 User Access Starting with 2023-24 P2, the CCFS-320 web application will undergo authentication changes to improve the application's security.
All users will now log in to the application using their Microsoft 365 accounts
Our office has requested that all districts provide a list of anyone who should have access to the CCFS-320 web application. List should include: Name, email address, and appropriate role: District Administrator, District view, College Administrator, or College view. If your district is associated with multiple colleges, then please also note which college(s).
The list should have been sent to ccfs320admin@cccco.edu by February 23, 2024.
Districts will still be able to request additional CCFS-320 users after the application rolls over to the updated CCFS-320. 35<br>
slide36. CCFS-320 Report Reminders The information under District Forms, Part IX should be reported at each reporting period and should be an estimate for the year (annualizers do not apply to this section)
Special Admit FTES should include all special admit students (CCAP, nonCCAP, middle college high school, etc) broken out into credit and noncredit
Inmates in correctional facilities FTES needs to be broken out into credit and noncredit
Apprenticeship FTES must be broken out into credit and noncredit
Total Noncredit FTES (reported in Part IV and Part VII)should be greater than the number of CDCP FTES reported in the CDCP section. 36<br>
slide37. 37<br>
slide38. Resources and Ways to Stay Informed Residency Overview Document
Student Attendance Accounting Manual
Chancellor’s Office Monthly Fiscal & Policy Webinars 38<br>
slide39. Residency Quiz<br>
slide40. True or False: Minors derive residence from their parents True. In addition, if their parents do not live together, minors derive 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. See: Education Code § 68062(f).
Also keep in mind: If a minor moves to California to live with a parent, they do not need to wait a year, immediately derive from the parent in California. (ECS 68076)
Student who remains in state after parent moves elsewhere may maintain California residence until he or she can establish as long as the students is continuously enrolled (ECS 68070) 40<br>
slide41. True or False: Students may derive residency from their spouse False
While this is generally false, Education Code § 68074 grants an exemption to residence classification for dependents, including spouses, of members of the military on active duty stationed in California. 41<br>
slide42. True or False: All students, including noncredit students must be classified as a resident or nonresident False
Students taking only noncredit classes are exempt from residence determination. See: Education Code § 68086, amended by AB 3101 (Carillo, 2018). 42<br>
slide43. True or False: The one-year period necessary to be classified as a resident begins on the day an individual enters California. False
The one-year period necessary to be classified as a resident starts the day a student can demonstrate both physical presence and intent.
Students must couple their physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose. See: Education Code § 68062(d) and Title 5 § 54020. 43<br>
slide44. True or False: Special part-time students, other than nonimmigrants, 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 or an F Visa) from the nonresident tuition fee and expressly allows districts to report their attendance as resident FTES for apportionment purposes. See: Education Code EC § 76140. 44<br>
slide45. Questions/Comments<br>
slide46. Contact Information Natalie Wagner
nwagner@cccco.edu
Rafael Artiga (CCFS-320)
rartiga@cccco.edu
Lorena Romero (Director, Fiscal Standards and Accountability)
lromero@cccco.edu<br>
slide2. AGENDA Basic Residency Definitions
Primary Purposes for Residence Classification
General Rules and Guidelines
Current Updates and Reminders
Attendance Accounting Changes Coming
Residency Quiz
Questions/Comments<br>
slide3. 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<br>
slide4. Basic Residency Definitions Residence:
To establish or change a residence, a person capable of establishing residence must couple his or her physical presence with objective evidence that the physical presence is with intent to make California the home for other than a temporary purpose. EC §68062(d); Note: Physical presence alone is insufficient; intent alone is insufficient
Residence Determination Date:
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 proposes to attend a college. Enrollments in late starting classes within a term are subject to this uniform residence determination date.<br>
slide5. 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) )<br>
slide6. 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)<br>
slide7. 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<br>
slide8. 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)<br>
slide9. 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)<br>
slide10. 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)<br>
slide11. 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)<br>
slide12. 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.<br>
slide13. Recently Passed Legislation and Current Updates<br>
slide14. AB 1540: AB 540 Affidavit from CSAC AB 1540 (Fong, 2023) amended Education Code section 68130.5 to require that community colleges accept a student’s AB 540 affidavit from the California Student Aid Commission (CSAC) that is completed as part of the student’s California Dream Act financial aid application.
CSAC is responsible for sending the completed affidavit to all colleges listed on the student’s California Dream Act application.
Once the affidavit is received from CSAC, the college should have a process in place to share the affidavit with all relevant departments within the college.
CSAC is not responsible for determining student eligibility for the AB540 nonresident tuition exemption or for verifying the information on the affidavit.
Colleges may take steps to determine a student’s eligibility including verifying the information provided in the affidavit 14<br>
slide15. Apportionment for Tutoring AB 1187 (Irwin) AB 1187(Irwin, 2022) expands the type of noncredit courses eligible for state apportionment funds to include supervised tutoring for foundational skills and for degree-applicable and transfer-level courses.
The intended outcome is for all courses in students’ English and mathematics sequences to be eligible for supervised tutoring and thereby enable more students to be successful in courses leading to degrees, certificates, and transfer in less time and reducing the number of units students accumulate in their academic journey. 15<br>
slide16. Apportionment for Tutoring 84757
(a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding:
.
.
.
(10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph. 16<br>
slide17. Regulatory Changes: Tutoring In 2023, the CCCCO approved regulatory changes to align the regulations with the changes in statute.
These changes are summarized in memo ESLEI 24-06 .
Reminders:
1. A tutorial center may offer tutoring where the tutor and tutee are separated by distance and are using on-line or other synchronous “real time” technologies. When this method is used, the supervisor must be able to monitor the communication and accurately track positive attendance hours.
2. Districts may not claim apportionment for tutoring that is fully funded by another source such as categorical funds. 17<br>
slide18. Regulatory Changes: Tutoring 18<br>
slide19. Mandated Holidays: Lunar New Year AB 264 AB 264 (Ting). Allows community college districts to replace Lincoln Day or Washington Day with the date corresponding with Lunar New Year. 19<br>
slide20. Special Admit FTES Limits Special Admit FTES Limits:
1. A district may only claim apportionment for up to 10% special admit students enrolled in a PE course, if they go over this amount the extra students must be excluded from the apportionment calculations.
(Special admit students in a PE course/total students in the PE course < 10%)
2. A district may not claim apportionment for special admit students enrolled in PE courses in excess of 5% of the districts total special admit students.
(Special Admit PE/total special admit FTES < 5%)
3. Statewide Cap: Special Admit FTES shall not be more than 10 percent of total FTES statewide. (76004(w)) 20<br>
slide21. Afghan and Ukrainian Parolees In 2021 the U.S. Department of Homeland Security granted certain Afghan individuals with humanitarian parole in response to their need for rapid evacuation and relocation under Operation Allies Refuge/Operation Allies Welcome.
In 2022, there was a similar evacuation of citizens and foreign nationals of Ukraine under the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA). These individuals were also granted humanitarian parole.
Being “paroled” into the US is the most expedient way to get people out of a certain country or identified area during evacuations. Being granted parole means that this person has permission to enter the US before having applied or been approved for an actual status such as refugee or a visa. 21<br>
slide22. Afghan and Ukrainian Parolees Education Code section 68075.6 grants a one-year exemption to Nonresident Tuition fees to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) who settled in California upon entering the United States.
Given their eligibility to apply for benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), Afghan humanitarian parolees and Ukrainian parolees who settled in California upon entering the United States may be eligible for this one-year nonresident tuition exemption until March 31, 2023 (for Afghan Parolees), or September 30, 2023 (for Ukrainian Parolees) or the end of their parole term, whichever is later.
No new nonresident tuition exemptions have been added specifically for Afghan or Ukrainian Parolees. ECS 68075.6 is an option as long as the individual does not have another status or visa that precludes them from being eligible. 22<br>
slide23. Nonresident Tuition Exemption for Refugees Reminder: Education Code section 68075.6 grants an immediate Nonresident Tuition exemption to eligible Special Immigrant Visa (SIV) holders and refugee students. This exemption is granted for one year (the time it takes to establish residence).
The statute cites refugees admitted under Section 1157 of Title 8 of the United States Code. Title 8 USC section 1157 is tied to section 207 of the Immigration and Nationality Act: Admission of Refugees
If students refugee paperwork includes references to section 207, this also makes them eligible. The statute is intended to apply to refugees broadly, not a certain population of refugees. 23<br>
slide24. Nonresident Tuition Exemption for Students Enrolled in 6 or Fewer Units Reminder: Education Code section 76140(a)(1) allows community college districts to provide a nonresident tuition exemption to students taking 6 or fewer units. The language states Exemptions made pursuant to this paragraph shall not be made on an individual basis, meaning that either the exemption applies to all nonresident students who take 6 or fewer units or the district does not offer this exemption at all.
Our office has been informed that a few colleges have approved nonresident tuition exemptions for students taking 6 or fewer units but allowing only certain students to qualify for the exemption rather than all nonresident students as the law requires.
Our legal division is looking at this, will likely issue guidance reminding districts that the exemption may not be provided to only certain groups of students. 24<br>
slide25. Public Safety ISA Report 25 Pursuant to AB 1942 (2022, Muratsuchi), beginning January 1, 2024, each community college district with an instructional service agreement (ISA) with a public safety agency may annually submit a copy of the most up-to-date ISA, as well as specified data related to course offerings, enrollment, and course completion, to the California Community Colleges Chancellor’s Office for review.
The Public Safety ISA Report in NOVA includes submission of current ISA documents.
This instructional video provides information and guidance on completing the report.<br>
slide26. Proposed Legislation: SB 971(Portantino) Nonresident Tuition Exemption SB 971(Portantino) proposes to amend education code section 76140 to add a nonresident tuition exemption for a low-income student who:
is a resident of a region impacted by war or other regional conflict, as specified
registers for lower division courses at a community college, and
has indicated that they have sought residency in California in an effort to find relief from identified conflicts in their nation of origin.
Districts may report these as resident FTES for apportionment purposes, up to 150 FTES. 26<br>
slide27. New Standardized Attendance Accounting Method for Credit Courses<br>
slide28. Working Learner Taskforce: Attendance Accounting Changes 28 Our office convened the Working Learner Taskforce to propose updates to the current attendance accounting rules for credit courses through regulatory changes.
The purpose of these updates is to remove barriers and incentivize the offering of shorter-length and flexible courses to better serve working adults.
The updated regulations were presented at Consultation Council in January and went to the Board of Governors for a first reading in January and a second reading in March.<br>
slide29. Standardized Attendance Accounting for Credit Courses The proposed changes eliminate three of the existing attendance accounting methods (weekly census, daily census, and the alternative attendance accounting procedure for credit courses) and replace these with the new standardized attendance accounting method. Current Attendance Accounting Methods
Weekly Census
Daily Census
Positive Attendance (Credit and Noncredit)
Alternative Attendance Accounting Method (Credit)
Alternative Attendance Accounting Method (Noncredit) Proposed Attendance Accounting Methods
Standardized Attendance Accounting Method
Positive Attendance (Credit and Noncredit)
Alternative Attendance Accounting Method (noncredit) 29<br>
slide30. Standardized Attendance Accounting for Credit Courses Proposed New Methodology FTES = X Standardized Total Hours (based on COR) # of Students enrolled at Census 525 30<br>
slide31. Standardized Attendance Accounting for Credit Courses Sample Calculations 31 3 unit course, semester college
3 units * 18 hours =54 standardized total hours
54 total hours x 30 students = 1620 / 525 = 3.09 FTES
3 unit lecture course with 1 unit of lab, semester college
3 units * 18 hours =54 standardized total hours (lecture)
1 unit * 54 hours =54 standardized total hours (lab)
54 + 54 = 108 standardized total hours x 30 students = 3240 / 525 = 6.17 FTES<br>
slide32. Summary of Regulatory Changes: BOG First Reading Eliminate Daily, Weekly, and Alternative for Credit attendance accounting methodologies
Proposed related Title 5 sections would become inoperative by June 30, 2025
Standardize hours per unit of lecture
Standardize hours per unit of lab
Align definition to Title 5, § 55002.5 and the Program and Course Approval Handbook
Removal of financial penalties for shorter-length courses and more innovative scheduling. 32<br>
slide33. Updates to Proposed Regulatory Changes: BOG Second Reading The proposed regulatory changes taken to the Board in January included one optional year (2024-25) and required all districts to implement the new attendance accounting method starting in 2025-26.
In response to comments received, we have added one more optional year. Districts would have the option of using the existing attendance accounting methods in 2024-25 and 2025-26. New method must be fully implemented beginning in 2026-27.
Full Transition must happen in a single year 33<br>
slide34. CCFS-320 Reminders<br>
slide35. CCFS-320 User Access Starting with 2023-24 P2, the CCFS-320 web application will undergo authentication changes to improve the application's security.
All users will now log in to the application using their Microsoft 365 accounts
Our office has requested that all districts provide a list of anyone who should have access to the CCFS-320 web application. List should include: Name, email address, and appropriate role: District Administrator, District view, College Administrator, or College view. If your district is associated with multiple colleges, then please also note which college(s).
The list should have been sent to ccfs320admin@cccco.edu by February 23, 2024.
Districts will still be able to request additional CCFS-320 users after the application rolls over to the updated CCFS-320. 35<br>
slide36. CCFS-320 Report Reminders The information under District Forms, Part IX should be reported at each reporting period and should be an estimate for the year (annualizers do not apply to this section)
Special Admit FTES should include all special admit students (CCAP, nonCCAP, middle college high school, etc) broken out into credit and noncredit
Inmates in correctional facilities FTES needs to be broken out into credit and noncredit
Apprenticeship FTES must be broken out into credit and noncredit
Total Noncredit FTES (reported in Part IV and Part VII)should be greater than the number of CDCP FTES reported in the CDCP section. 36<br>
slide37. 37<br>
slide38. Resources and Ways to Stay Informed Residency Overview Document
Student Attendance Accounting Manual
Chancellor’s Office Monthly Fiscal & Policy Webinars 38<br>
slide39. Residency Quiz<br>
slide40. True or False: Minors derive residence from their parents True. In addition, if their parents do not live together, minors derive 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. See: Education Code § 68062(f).
Also keep in mind: If a minor moves to California to live with a parent, they do not need to wait a year, immediately derive from the parent in California. (ECS 68076)
Student who remains in state after parent moves elsewhere may maintain California residence until he or she can establish as long as the students is continuously enrolled (ECS 68070) 40<br>
slide41. True or False: Students may derive residency from their spouse False
While this is generally false, Education Code § 68074 grants an exemption to residence classification for dependents, including spouses, of members of the military on active duty stationed in California. 41<br>
slide42. True or False: All students, including noncredit students must be classified as a resident or nonresident False
Students taking only noncredit classes are exempt from residence determination. See: Education Code § 68086, amended by AB 3101 (Carillo, 2018). 42<br>
slide43. True or False: The one-year period necessary to be classified as a resident begins on the day an individual enters California. False
The one-year period necessary to be classified as a resident starts the day a student can demonstrate both physical presence and intent.
Students must couple their physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose. See: Education Code § 68062(d) and Title 5 § 54020. 43<br>
slide44. True or False: Special part-time students, other than nonimmigrants, 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 or an F Visa) from the nonresident tuition fee and expressly allows districts to report their attendance as resident FTES for apportionment purposes. See: Education Code EC § 76140. 44<br>
slide45. Questions/Comments<br>
slide46. Contact Information Natalie Wagner
nwagner@cccco.edu
Rafael Artiga (CCFS-320)
rartiga@cccco.edu
Lorena Romero (Director, Fiscal Standards and Accountability)
lromero@cccco.edu<br>