Education Code sections 76355, 76360, and 76361 authorize the governing board of a community college district to charge health, parking services, and transportation services fees and increase those fees by the same percentage as the increase in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services as published by the U.S. Department of Commerce. In January of each year, the Chancellor’s Office calculates the percentage increase by comparing the prior year index with the current year index as published on the Department of Finance’s webpage. The percentage increase is then used to calculate the maximum student health, parking, and transportation service fees for the upcoming semester, summer, intersession, and quarter terms. Whenever that calculation produces an increase of one dollar ($1) above the existing fee, the maximum allowable fee is increased by one dollar ($1). Districts are not required to charge these fees and may also choose to charge a fee lower than the maximum allowable.
As a reminder, Education Code section 76360 (c) states that “Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed thirty dollars ($30) per semester.” Programs described in Education Code section 76300 (g) include federal financial aid, Promise grants (former BOG fee waivers), TANF, Supplementary Security Income/State Supplementary Payment Program, or a general assistance program.
The table below reflects the maximum semester, summer, intersession, and quarter fees that may be charged.
Fiscal Year 2022-23 Maximum Fees
*Intersession of at least four weeks.
Fiscal Year 2021-22 Maximum Fees
Education Code section 76140 requires each district governing board to establish the nonresident tuition fee for the succeeding fiscal year by March 1. Education Code section 76140 specifies seven options to determine the nonresident tuition fee. The options are described below:
- Option A.1 - District Average Cost
The district expense of education in the preceding fiscal year increased by the projected percent increase in the Consumer Price Index divided by district total FTES in the preceding fiscal year.
- Option A.2- District Average Cost with 10 Percent or More Noncredit FTES
If noncredit FTES is equal to or greater than 10 percent of total FTES, the district expense of credit education in the preceding fiscal year increased by the projected percent
increase in the Consumer Price Index divided by district total credit FTES in the preceding fiscal year.
Option B.1 - Statewide Average CostThe statewide expense of education in the preceding fiscal year increased by the
projected percent increase in the Consumer Price Index divided by statewide total full- time equivalent students (FTES) in the preceding fiscal year.
- Option B.2 – Highest Statewide Average Cost
The highest amount calculated pursuant to Option B.1 for the succeeding fiscal year, current fiscal year, or past four fiscal years.
Option C – Contiguous DistrictAn amount not to exceed the fee established by the governing board of any contiguous district.
- Option D – Between Statewide Average Expense of Education and District Expense of Education
Fees adopted must be greater than statewide average expense of education and less than the district expense of education.
- Option E – Comparable States Average
No greater than the 2018-19 average nonresident tuition fees of public community colleges in at least 12 states comparable to California in cost of living.
As a reminder, if a district chooses to adopt Options B.2 or E, existing law requires districts to use the additional revenue generated by the increased nonresident tuition to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.
Nonresident Capital Outlay Fee
Pursuant to Education Code section 76141, a district may charge a capital outlay fee to nonresident students, other than those with exemptions for nonresident fees pursuant to AB 540. The nonresident capital outlay fee is calculated as the lesser of (1) the district capital outlay expenditures in the preceding fiscal year divided by total FTES or (2) fifty percent of the
nonresident tuition fee adopted pursuant to Education Code section 76140.
Processing Fee for Students from Foreign Countries
Education Code section 76142 states a district may charge nonresident applicants who are both citizens and residents of a foreign country a processing fee not to exceed the lesser of (1) the actual cost of processing an application and other documentation required by the federal government or (2) $100. This fee may be deducted from the tuition fee at the time of enrollment.
There are various exemptions to the fees described above. To learn more about these exemptions, refer to Education Code sections 76140 through 76143, the document titled Residency For Tuition Purposes- General Overview (revised September 5, 2018), and the Chancellor’s Office’s Legal Advisory 18-02 .