Copyright© 2006 by School Services of California, Inc.

                                      Volume 19                   For Publication Date: August 4, 2006             No. 17

Ask SSC . . .  

Can Local Governing Boards Charge Student
Parking Fees in Excess of the $40 Cap? 

Q.      Are you aware of any special legislation that allows certain districts to charge more for parking fees than the $40 cap in Education Code Section 76360? I am told that the bill could be associated with the building of campus parking garages. 

A.      We are not aware to any pending legislation that would authorize a change in the current $40 cap on student parking fees. However, existing law, Education Code Section 76360, authorizes local community college districts to charge a parking fee in excess of the $40 cap if certain conditions are met. Specifically, E.C. 76360 subsection (b) contains the following provisions: 

(b)(1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subsection (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus:

A.    The full-time equivalent student (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses.

B.    The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses.

(2).  If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure.

—Arnold Bray