Bernadine Chuck Fong, President

Bernadine Chuck Fong1September 9, 1997

September 9, 1997

Foothill College

12345 El Monte Rd.

Los Altos Hills, CA 94022

Dear President Fong:

On July 31, 1997, I wrote to you regarding student center fees being charged by Foothill College. In particular, I asked you to address the question of why Foothill College is charging a fee in excess of the $10 per year maximum authorized by Education Code Section 76375.

In your letter of August 26, 1997, you responded that the fee being charged by Foothill College is not governed by Section 76375 but is instead authorized by Education Code Section 81901. As you are aware, Section 81901 authorizes the governing board of a community college district to issue revenue bonds and use the proceeds from the sale of those bonds to "construct, operate, and control any project." Subsection (b)(3) of Section 81901 then goes on to provide that the governing board also has the authority: "To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation which may be entered into by the board with respect to the fixed rates, rents, or charges."

We agree that this provision does indeed authorize the Foothill-DeAnza District (District) to issue revenue bonds for the construction of a campus center at Foothill College and to charge students a fee for the use of that center without respect to the $10 limitation of Section 76375. There is, however, one important caveat we should mention. Section 81901(b)(3) only authorizes the board to charge a fee "for the use of any project acquired, constructed, equipped, furnished, operated or maintained by the board, or for services rendered in connection therewith." This is an authorization for a use fee and does not suggest that the District may charge a blanket fee to all students. Certainly, it would be justifiable for all students attending classes at the campus where the center is located to be assessed a fee for its use. It might even be reasonable to charge such a fee to students attending classes at other nearby locations if those students occasionally come to the main campus to use the student center and other campus facilities. However, we doubt that this authorization could be stretched to permit charging fees to students attending classes at remote locations, especially sites outside the District, unless there is evidence that students in those classes do indeed use the student center on at least an occasional basis. One possible approach for dealing with this issue would be to give students attending classes at remote locations the option to decline to pay the fee, with the understanding that they then lose any right to use the student center.

If you have any further questions, you may contact me at (916) 327-5692.

Sincerely,

Ralph Black

Acting General Counsel

cc:Thomas Nussbaum, Chancellor

Leo Chavez, Superintendent, Foothill-DeAnza CCD

Assembly Member Jim Cunneen

Mildred Hocker

L 97-17