California Community Colleges Chancellor’s Office

1. California Community Colleges Chancellor’s Office Community College Internal Auditors Fall 2010 Conference Current Activities and Issues in Attendance Accounting and Reporting Presented by Elias Regalado Fiscal Services Unit October 8, 2010

2. AGENDA • CCFS-320 Background and Current Developments • New Online Program and 2009-10 FTES Reporting Update • T5 Changes Impacting Attendance Accounting • Course Repetition and Withdrawal Update • Legislation Recently Signed Into Law • S.B. 1143 (Liu) Student Success and Completion • A.B. 2297 (Brownly) Nonresident Tuition Fee Levels • Recent Legal Opinions • Miscellaneous Issues and Reminders: • AB 540 California Supreme Court Case • Student Residency Determination • Student Attendance Accounting Manual Update • Questions/Comments * Unless otherwise indicated, all legal citations refer to California Code of Regulations, Title 5

3. Apportionment Attendance Report (CCFS-320) • Overview: • Required by Title 5 Section 58003.4 • Prepared in accordance with deadlines and instructions prescribed by the Chancellor’s Office • The Chancellor's Office calculates the amount of State General Apportionment funds, based primarily on the number of FTES workload that districts report on the CCFS-320

4. Basic Definitions A Contact Hour is… • The basic unit of attendance for computing Full-Time Equivalent Student (FTES) • It is a period of not less than 50 minutes of scheduled instruction and/or evaluation (§ 58023) One FTES is equivalent to 525 contact hours or 1 student x 15 weekly contact hours x 35 weeks = 525

5. Basic Definitions (cont.) FTES is… • Not a headcount • An FTES represents 525 class (contact) hours of student instruction/activity in credit and noncredit courses • Formerly known as “ADA” or Average Daily Attendance

6. Apportionment Attendance Report (CCFS-320) • Overview (Cont.): • Provides workload measure for Lottery Allocation • Used to determine eligibility for Basic Skills Funding • Dept. of Finance calculates WSCH from contact hour data included in CCFS-320

7. Requirements for Reporting Course FTES on the CCFS-320 • The basic conditions or standards for claiming FTES are provided by Title 5 Section 58050 • Districts are required to establish procedures and policies that will assure that FTES reported for State Apportionment purposes meet all requirements of law • Documentation requirements have been developed to promote standardized, accurate reporting of data, and to facilitate audits of related community college records • Documentation is based on detailed tabulations of course sections and appropriate support records

8. Computing FTES by Course Attendance Accounting Procedures (§58003.1) • Weekly Census • Daily Census • Actual Hours of Attendance (Positive Attendance) • Alternative Attendance Accounting Procedure • Credit Indep. Study, WEE, and Certain DE Courses • Noncredit Indep. Study / Noncredit DE Courses

9. CCFS-320 Reporting Periods • First Period – July 1 thru December 31 • Due to Chancellor's Office by January 15 • Second Period – July 1 thru April 15 • Due to Chancellor's Office by April 20 • Annual Report – July 1 thru June 30 • Due to Chancellor's Office by July 15 • Recal Report – Revisions to Annual Report • Due to Chancellor's Office by November 1

10. New CCFS-320 Developments • New Online CCFS-320 Program Started at 2009-10 First Period • Incorporates addendum reports for AB 540 Student Headcount, Special Admit PE FTES, Center FTES, and CDCP Noncredit FTES • 2009-10 Annual FTES Report • Credit FTES increased by 13,888 or 1.20% • Noncredit FTES decreased by 16,826 or 16.32% • Total FTES decreased by 2,938 or 0.23% • 2009-10 Recal Reports Due November 1

11. Title 5 Changes Impacting Attendance Accounting • Course Withdrawal and Repetition • Las regulation changes approved by the BOG in July 2009 are being reconsidered • Current proposal is to limit any combination of withdrawals and repetitions to 4

12. Title 5 Changes Impacting Attendance Accounting July 2009 Title 5 Changes Concerning Course Repetition and Withdrawal: • Course Withdrawal (§ 55024) • Several clarifications related to faculty notification, intervention, and Military Withdrawals (MWs) • Course Repetition (§ 55040) • “W” no longer considered a repeat • Repetition to Alleviate a Substandard Grade (§ 55040) • Allows for up to 2 grade alleviation attempts • Additional repeat is permitted if apportionment funding is not claimed for reasons that are not necessarily extenuating

13. Legislation Recently Signed Into Law S.B. 1143 (Liu) – Student Success and Course Completion Originally proposed adding a 2nd census point (at course completion) to Weekly and Daily Census attendance accounting procedures. Thought to create a fiscal incentive for colleges to help degree-seeking students complete their courses and earn degrees However, SB 1143 was completely changed to instead require the BOG to convene a task force on student success and course completion The task force will convene in January 2011 with The BOG is required to report to the Legislature no later than March 1, 2012

14. Miscellaneous Issues and Reminders A.B. 2297 (Brownly) – Nonresident Tuition Fee Levels If the “statewide” rate for the succeeding fiscal year is less than the current fiscal year, district is able to set the fee level at the greater of the current or any of the past four-year amounts Adds new option to set a fee that is no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 comparable states Any additional revenue generated by these amendments shall be used to expand and enhance services to resident students. Previously approved AB 947 (ECS 76141) permitted the charging capital outlay fee to ANY nonresident student – except for “AB 540” students

15. Recent Legal Opinions Limitations on Enrollment for Cohorts of Students per §58106 – 10-07 Concluded that if a college decides to limit enrollment in a course section to a cohort of students, a majority of the sections of the same course offered in a given term or session need to be left for open enrollment Students in a cohort must be enrolled in one or more other courses

16. Recent Legal Opinions Apportionment Claims and Enrollment Fees for Remedial Classes Located on CSU or UC Campuses – 10-06 Concluded that a community college may not charge an enrollment fee for CSU and UC students that are enrolled in the class because there’s a specific Education Code section that provides an exemption (Educ. Code §76300(e)) Non CSU or UC students enrolled in the class are subject to the enrollment fee unless they are exempted based on some other status As fully open classes, the opinion also concluded that FTES generated by these classes is eligible to be claimed for apportionment Enrollment in these classes is distinguished from cross-enrollment programs (Educ. Code §66750), which are not eligible for apportionment

17. Recent Legal Opinions Waiver of Nonresident Tuition Fees for Armed Forces Members and their Dependents – 10-05 Concluded that a new federal law broadened the applicable situations in which a member of the armed forces and his or her dependents may be exempted from the nonresident tuition fee (Title 20 U.S.C. § 1015d) New law provides the tuition benefit for either for being actively stationed in a state OR being domiciled in a state Where federal law is silent on an issue, state law applies (Educ. Code §§ 68074, 68075, 68075.5)

18. Miscellaneous Issues and Reminders AB 540 Calif. Supreme Court Case AB 540 took effect January 1, 2002 (Educ. Code § 68130.5) Lawsuit filed in state court in 2005 seeking to invalidate law Originally upheld, but in 2008 the California Court of Appeal reversed that ruling. Determined that AB 540 conflicts with federal law, including section 1623 of Title 8 of the U.S.C. Pending review by the State Supreme Court, AB 540 has continued to be in effect State Supreme Court heard oral arguments on October 5 on the validity of the AB 540 Law Under the State Constitution, justices have 90 days after hearing arguments to render a decision

19. Miscellaneous Issues and Reminders Student Residency Determination EXPANSION Review of State Compliance Test 425 – Residency Determination for Credit Courses Expansion of current test, especially for out-of-state athletes (refer to Fiscal Services Memorandum 10-01 issued March 2010) Looking into evidence and proof requirements in law for residency classifications in light of widely differing district practices

20. Miscellaneous Issues and Reminders Student Attendance Accounting Manual Update EXPANSION Will commence a joint project with the CA Association of Community College Registrars and Admissions Officers (CACCRAO) to update the Student Attendance Accounting Manual Project will include updating or expanding guidance related to Distance Education, Course Repetition and Withdrawal, TBA Hours, etc. Considering current workload, short staffing, and furloughs, this will undoubtedly be a long-term project

21. Chancellor's Office Website Chancellor's Office Web Address: www.cccco.edu Primary Source for: Board of Governors & Consultation Council Information Notices of Recently Promulgated Title 5 Regulations and Implementation Guidelines Legal Advisories/Opinions Legal Resources (direct links to T5 and EC) Handbooks and Manuals Fiscal/FTES Data Contact Information

22. Questions/Comments

23. Contact Information Elias Regalado, Specialist Fiscal Services Unit Chancellor’s Office (916) 445-1165 eregalad@cccco.edu