§ 76396.3. — 76396.3. (Amended by Stats. 2023, Ch. 102, Sec. 1.)

California § 76396.3.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 7.
• Title 3.: DIVISION 7. COMMUNITY COLLEGES
• Part 47.: PART 47. STUDENTS
• Ch. 2.: CHAPTER 2. Fees
• Art. 3.: ARTICLE 3. California College Promise

Text

(a)
A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396.
(b)
(1)
The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or
returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140.
(2)
Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time
during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise.
(3)
Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation.
(c)
For purposes of this section, the following terms have the following meanings:
(1)
“Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and
the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length.
(2)
“Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia.
(3)
(A)
Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent.
(B)
A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such
a designation.
(4)
“Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters.
(d)
It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1.
(e)
On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met.
(f)
The chancellor’s office may require community colleges and community college districts receiving
funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision.

Legislative History

Amended by Stats. 2023, Ch. 102, Sec. 1. (AB 1342) Effective January 1, 2024.