WHEREAS, Pursuant to California Education Code § 76140 (d)[1] “The nonresident tuition fee shall be set by the governing board of each community college district not later than March 1 of each year for the succeeding fiscal year… Nonresident tuition fee increases shall be gradual, moderate, and predictable” for California Community College Districts and a non-resident is defined as “any person who has not been a bona fide resident of the state of California for more than one year immediately preceding enrollment”[2], which includes, but is not limited to, out-of-state residents, international students, and F-1 or J-1 visa holders;
WHEREAS, According to a 1999 California Citizens Commission On Higher Education, “gradual, moderate, and predictable” is “a commitment by state government to adopt and adhere to a long-term approach for annually raising the amount paid by students in public institutions in ways that are gradual, moderate, predictable, and equitable” and “this approach should replace the current pattern of reducing charges in good years and then raising them drastically in bad years”[3]; Examples of community college districts increasing non-resident tuition fees in a “gradual moderate and predictable way” include Cabrillo College’s five year plan to increase non-resident tuition by 3% each year to get from $400 to $450[4] or Foothill DeAnza’s five year plan to go from $249 to $261[5];
WHEREAS, Lassen Community College district increased non-resident tuition fees for the 25-26 academic year by $51 per unit[6] which is a $95 per unit increase[7] in two years which is not gradual or moderate and Cabrillo College adopted a $41 per unit increase in non-resident tuition fees on April 7th[8] a month after prescribed Education Code March 1st deadline; and
WHEREAS, Drastic increases in non-resident tuition fees make education less affordable for International Students, Undocumented Students who may be non AB 540[9] (non-resident tuition exemption) eligible and out-of-state residents including women who may be moving to California to seek reproductive freedoms[10] and currently the federal government is attacking AB 540, threatening the affordability of higher education in California, safeguarding nonresident students from further unjust policies is necessary since sudden raises in nonresident fees would be too easy of an option to raise revenue; Now, therefore be it
RESOLVED, That the Student Senate for California Community Colleges advocates that the Chancellor's Office enforces California Education Code § 76140 (d) onto community college districts;
RESOLVED, That the Student Senate for California Community Colleges advocates for legislation and/or regulatory action that will potentially cap how much each community college can increase non-resident tuition fees by each year; and
RESOLVED, That the Student Senate for California Community Colleges support any regulations and/or legislation within reason that further safeguards and/or codifies AB 540.
Citations:
[1] California Education Code § 76140. https://codes.findlaw.com/ca/education-code/edc-sect-76140/
[2] California State University, Fresno Catalog, Residency Definition. https://catalog.fresnostate.edu/content.php?catoid=5&navoid=182&print
[3] California Citizens Commission on Higher Education (1999). Final Report. https://www.ucop.edu/acadinit/mastplan/ccche/ccchefinalreport.pdf
[4] Cabrillo College, Nonresident Tuition Fee Proposal. https://go.boarddocs.com/ca/cabrillo/Board.nsf/files/DF82M202C80D/$file…
[5] Foothill-De Anza Community College District Board Document. https://go.boarddocs.com/ca/fhda/Board.nsf/goto?open&id=DD835E052EC9
[6] Lassen Community College District Board Document (25–26 increase). https://go.boarddocs.com/ca/lccca/Board.nsf/goto?open&id=DDJQA3684986
[7] Lassen Community College District Board Document (two-year increase). https://go.boarddocs.com/ca/lccca/Board.nsf/goto?open&id=CZYPTA6621ED
[8] Cabrillo College Board Document (April 7 Adoption). https://go.boarddocs.com/ca/cabrillo/Board.nsf/goto?open&id=DF7TRC789A78
[9] California Assembly Bill 540 Draft (2025). https://legiscan.com/CA/drafts/AB540/2025
[10] National Bureau of Economic Research Working Paper No. 33328. https://www.nber.org/system/files/working_papers/w33328/w33328.pdf