ccc student fess fall 2012

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    S T U D E N T F E E H A N D B O O K 2 0 1 2

    STUDENT FEES

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    STUDENT FEE HANDBOOK

    The California Community Colleges ChancellorsOffice (CCCCO) publishes a document called theStudent Fee Handbook which is an interpretation ofthe various laws and regulations that govern student

    fees in the system.

    Most current version is June 1, 2012

    Found at:http://extranet.cccco.edu/Portals/1/Legal/Ops/12-09_StudentFeeHandbook2012.pdf

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    BASIC LAW OF STUDENT FEES

    Mandatory fees must be in statute.

    The Education Code is a permissive code (70902(a))

    Students cannot be required to pay a fee in the absence ofexpress legislative authority.

    Two types of mandatory fees.

    Statute requires it (i.e. Enrollment Fee)

    Statute authorizes a district to require it (i.e. Health Fee)

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    BASIC LAW OF STUDENT FEES

    Some fees provide for exemptions which must begranted to qualifying students (i.e. StudentRepresentation Fee).

    Districts have no authority to charge exemptedstudents.

    Some fees are optional in nature (i.e. studentactivity fee)

    The optional nature of a fee should be made clearto students.

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    COURSE FEES

    Enrollment Fee (76300)

    $46.00 per unit per semester

    Unless expressly exempted, or entitled to a waiver, all

    students enrolling for college credit must pay the enrollmentfee.

    Districts that fail to charge the enrollment fee are subject toa potential reduction of their apportionment of up to 10%.

    Districts may not charge a higher enrollment fee than is

    authorized by the Legislature, even if students do notobject.

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    COURSE FEES

    Enrollment Fee

    California Code of Regulations (CCR) Title V states thatstudents must be charged for the enrollment fee at the timeof enrollment, but allows districts to defer collection of the

    fee. May be dropped for nonpayment until the beginning of

    instruction.

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    COURSE FEES

    Enrollment Fee

    Enrollment fees are waived though the Board of GovernorsFee Waiver Grant for students who meet income standardsestablished in statute and by the Board of Governors.

    Temporary Assistance to Needy Families Program

    Supplemental Security Income/State Supplementary Program

    General Assistance Programs

    Other criteria that allows for fees to be waived include:

    Dependent of any individual killed in the September 11, 2011terrorist attacks.

    Surviving spouse or the child of a deceased Police Officer or FireFighter

    K-12 students

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    COURSE FEES

    Noncredit Courses

    Governing boards may require students to pay a fee fornoncredit courses that are not eligible for stateapportionment.

    No fees may be charged for classes such as:

    English and citizenship classes

    Classes in an elementary subject

    High school credit is granted

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    COURSE FEES

    Community Service Classes

    May only charge the cost of maintaining the communityservice class.

    Intended to be self-supporting, and districts are prohibitedfrom using state General Fund money to establish andmaintain such classes. District general fund money may beused.

    Does not award credit.

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    COURSE FEES

    Fee to Audit Courses

    Not to exceed $15.00 per unit per semester.

    May not change enrollment to credit status.

    No apportionment for students auditing classes. Students who are enrolled in ten or more semester units may

    audit an additional three or fewer units without paying thefee.

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    COURSE FEES

    Instructional Materials

    Materials which the student must procure or possess as acondition of registration, enrollment, or entry into a class; orany material which is necessary to achieve the required

    objectives of a course.

    Only applies to materials that are required.

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    COURSE FEES

    Instructional Materials Students can only be required to provide materials which

    are of continuing value to the student outside of theclassroom setting (i.e. textbooks, tools, equipment)

    Amended in 2012 to eliminate the requirement thatinstructional materials must be tangible. Allows districts torequire students to provide electronic or on-line instructionalmaterials through the use of a license or access fee.

    New protection in place to protect students frominappropriate materials and fees. May not be used primarily for administrative purposes (i.e. Class

    or course management/supervision.)

    Materials provided through a license or access fee shall beavailable to students for up to two years.

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    COURSE FEES

    Nonresident Tuition (AB 540)

    Students may have nonresident tuition waived if they meetthe following criteria:

    Attended a California high school for three or more years.

    Graduated from a California high school or attained theequivalent.

    File an affidavit with the institution stating that the student hasfiled an application to legalize his or her immigration status, orwill file an application as soon as he or she is eligible to do so

    (persons without lawful immigration status)

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    COURSE FEES

    Nonresident Tuition (76140)

    Colleges with 1,500 Full Time Equivalent Students (FTES) orless and whose boundary is within 10 miles of another statethat has an reciprocity agreement with California may

    exempt students from the state from paying non residenttuitions. Which would then be twice the amount of theenrollment fee.

    Oregon has a reciprocity agreement with California

    Nevada terminated their agreement in 2011.

    Arizona has no formal state level agreement. Allowed on thelocal level (66801(b))

    Districts with an FTES > 1,500 may exempt no more than 100FTES per year.

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    FEES FOR SERVICES

    Health Fee

    $19.00 per semester and $16 per summer session orintersession of at least four weeks, or $16.00 per quarter.

    Districts may charge all students, whether or not theychoose to use the health services.

    May exempt noncredit students.

    Part-Time students may be exempted or pay a portion ofthe full fee.

    Students must be exempted for students who depend onprayer for healing, and students attending communitycollege under an approved apprenticeship program.

    Appropriate fee usage is governed by CCR Title V 54702.

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    FEES FOR SERVICES

    Parking Fee (76360(a))

    Up to $50.00 per semester ($25.00 per intersession)

    Up to $35.00 per semester ($15.00 per intersession) forstudents who rideshare or carpool.

    Districts may charge a discounted parking fee to studentswho voluntarily purchase an Associated Student Body card.

    Low income students are exempt form parking fees over$20.00

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    FEES FOR SERVICES

    Transportation Fee

    Purpose is to reduce fares for services provided to thestudents and employees by common carriers ormunicipally-owned transit systems, or to partially or fully

    recover transportation costs incurred by the district.

    Districts may require students to pay fee if a majority ofstudents at the campus vote for such a proposition.

    Maximum amount of the fee may not exceed the amountneeded to reimburse the district for transport service.

    Parking Fees + Transportation Fees may not exceed $70.00per semester or $30.00 per intersession, or a proportionateequivalent for part-time students.

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    FEES FOR STUDENTS

    Student Representation Fee (76060.5)

    $1.00 per semester may be charged of all students, viaelection.

    May only be levied if the following criteria are met:

    Voted in an election on the matter, may be with regular studentelections.

    2/3 of those voting must vote to levy the fee.

    The number of students who vote must equal or exceed theaverage of the number of students who votes in the previous

    three student body elections.

    Students may refuse to pay the fee for religious, political,financial, or moral reasons.

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    FEES FOR STUDENTS

    Student Representation Fee

    The statement that the fee shall be collected at or beforeregistration does not require every student to pay the feesubject to a refund process.

    Districts may allow students to refuse to pay the studentrepresentation fee if they assert any of the statutory basesfor nonpayment.

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    FEES FOR STUDENTS

    Student Representation Fee Revenues may be used for any purposes related to

    representing the views of students with governmentalbodies.

    Such revenue can be used to travel to and fromconferences sponsored by student organizations wherelegislative matters will be discussed.

    May purchase computer equipment needed to conductlegislative research

    May be used to subscribe to legislative publications.

    May be used to pay for an other expense reasonablynecessary to effectuate student representation activities.

    May NOT be used to support or oppose ballot measures orcandidates.

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    FEES FOR STUDENTS

    Student Center Fee (76375)

    Annual building and operating fee, for the purpose offinancing, constructing, enlarging, remodeling, refurbishing,and operating a student body center.

    Not to exceed $1.00 per credit hour, up to a maximum of$10.00 per student, per fiscal year.

    Students enrolled in Noncredit courses, recipients of TANF,SSI/SSP or general assistance cannot be required to pay thefee.

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    Student Center Fee

    Governing board needs to be involved at two stages.

    Establish procedures for an election conducted for the purposeof collecting a student body center building and operating fee,

    and call an election for such purpose. Fee is imposed by the governing board only after a favorable

    vote of 2/3 of the students voting in an election for thatpurpose.

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    FEES FOR SERVICES

    Student Center Fee Requires an election in which 20% of the number of student

    (headcount) enrolled as of October 1 of the academic year mustvote.

    Ballot language must have the intended duration and use of thefee.

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    FEES FOR SERVICES

    Use Fee for Facilities Financed By Revenue Bonds

    Allows districts to authorize a fee for the use of any projectacquired, constructed, equipped, furnished, operated, ormaintained by the board, or for services rendered in

    connection therewith.

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    FEES FOR SERVICES

    Refund Processing Fee

    Districts may retain a maximum of $10.00 from enrollmentfees as a refund processing fee.

    No authority to retain portions of other mandatory fees or tocharge a processing fee to refund other mandatory feesonly on optional fees.

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    FEES FOR SERVICES

    Telephone/Internet Registration

    Districts may charge students who choose to use this servicea nominal use fee. Students must be advised as to theamount of the telephone or internet registration fee in

    advance of registration and further advised that they mayregister in person (or by other applicable means) at nocharge.

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    PROHIBITED PRACTICES

    Mandatory Student Activities Fee

    Optional or voluntary is permissible. Optional nature of thefee should be communicated to students and that studentshave an effective means of declining to pay the fee.

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    PROHIBITED PRACTICES

    Mandatory Student Identification Card Fees

    Districts cannot charge a mandatory fee for a studentidentification card, even if the card also has other purposes,such as use as a debit card for purchase of instructional

    materials. Districts may not charge a fee to replace a student ID card

    that was initially issued at no charge.

    The prohibition to mandatory fees for student ID cards doesnot mean that a district cannot offer students the option to

    purchase such a card in order to obtain certain optionalbenefits such as faster registration, ease of purchasing atthe bookstore, etc.

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    PROHIBITED PRACTICES

    Fees Charged Through Student Body Organizations

    A student body organization cannot charge a fee that adistrict governing board does not have authority to levy.

    Student body organizations may charge students a student

    activity fee or sell them a student body card so long as thefee or charge is optional.

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    QUESTIONS/CONTACT

    For more information on Student Fees contact yourRegional Senator!

    Presentation:

    Kevin Feliciano

    2011-2012 SSCCC President / Ohlone CCD Student Trustee