Tuition-Free Community College???
Nelson Johnson, J.D., Esq.
Attorney | Personal Injury and Wrongful Death Litigation | Alabama Bar | Georgia Bar | Maryland Bar |
I am reading through the 2,500 page 3.5 Trillion Dollar bill that was introduced by Congress on September 27, 2021. In this article I go over the details surrounding the tuition-free community college portion of the bill.
This Bill contains a provision regarding tuition-free community college. This does not mandate that community college will be tuition-free, but instead creates a program which States, Territories, and Tribal Universities can apply to receive Federal Funds to assist in making community college tuition free. This is also not a permanent program. This program is set to begin in the academic year 2023-2024 and will expire in the academic year 2027-2028.
Application and retention in the program will come with set conditions which the applying entity must agree to and maintain compliance with. For 2023-2024 the Federal Funding would be 100% of the national per-student average community college tuition. The amount of Federal Funding will decrease by 5% per academic year resulting in the 2027-2028 Federal Funding being 80%. That means the applying entity would be responsible for the difference each year; this is because one of the conditions of applying to the program and remaining in the program is that community college tuition and fees for all applying entity controlled/operated schools will be $0.00.
There are additional conditions such as: providing an estimated number of eligible students enrolled in community colleges operated/controlled by the applying entity; the cost of waiving tuition and fees for all eligible students for each award year covered by the grant; list of the controlled/operated community colleges; that programs meet the quality criteria established by the State under 29 U.S.C. 3152(b)(1); assistance in collection of information about and accessing means-tested Federal Benefit programs; assurance that the applying entity will for each year of the grant notify each eligible student of their remaining eligibility; States will meet requirements for transfer pathways between institutions of higher education; and that state Colleges/Universities will clearly communicate to prospective students, including students with prior college experience, who have not completed a postsecondary degree/credential, their families, and the general public about the plans to implement the program, and how eligible students can attend without paying tuition and fees.
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So, who is an “eligible student?” Eligible student is defined as a person enrolled in an undergraduate student in an eligible program at not less than a half-time basis, qualifies for in-State or in-District tuition, has not been enrolled for more than six semesters for which community college tuition and fees of the student were set to $0.00 pursuant to this bill, is not enrolled in a dual or concurrent enrollment program, and if the student is a US citizen has filed a Free Application for Federal Student Aid (FASFA).
Why did I mention US citizen in that last paragraph, well because a non-citizen will be eligible if they would qualify for in-State or in-District tuition, but for their immigration status? I believe this means that even if the immigrant was here on a valid or current VISA that they could still qualify as an eligible student and receive tuition-free community college.
While this Bill does not require States to raise taxes, if a State chooses to participate the only way they could comply with the requirements is to raise taxes. Because the State will have to contribute a portion of the funds necessary and there is a provision stating they are not permitted to reduce the amount they were already contributing to Colleges in prior years. So the State funding of tuition-free community college must be new money put towards education on top of what they already contributed before the grant.