Education Code — Part 44 | EDC — United States — California law | Esheria

Education Code

Part 44 of 57 · provisions 8,601–8,800

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About this statute

This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 69996.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. )

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    The board may market the program to California residents and may include educational information about saving for higher education.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. ) ## 69996.5. The board may consider marketing the program to California residents. The board may include in its marketing efforts information designed to educate California residents about the benefits of saving for higher education and information to help them decide the combination of savings strategies that may be appropriate for them. (Added by Stats. 2019, Ch. 53, Sec. 16. (SB 77) Effective July 1, 2019.)
  2. 69996.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. )

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    The section creates the California Kids Investment and Development Savings Program Fund, requires the board to implement the program by July 1, 2022 if funding is available, and requires annual reporting to the Department of Finance and the Legislature.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. ) ## 69996.6. (a) The California Kids Investment and Development Savings Program Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act, moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the board for the program. The fund shall be the initial repository of all appropriations, gifts, or other financial assets received by the board in connection with operation of the program. (b) (1) Subject to available funding, the program shall be implemented on or before July 1, 2022. The board may establish an implementation timeline for the program based on available funding. If the board does not secure adequate funds to implement the program before July 2, 2022, program implementation may be delayed while the board makes good faith efforts to secure necessary funding. The board may accept gifts, grants, awards, matching contributions, interest income, and appropriations from individuals, businesses, state and local governmental entities, and third-party sources for the program on terms the board deems advisable. (2) Before the program is implemented and throughout the program’s operation, the board may authorize a county, city, nonprofit organization, or any other entity operating a local child savings account program to provide input to the program established pursuant to this article. The input may include, but is not limited to, information on any of the following: (A) Infrastructure and systems development. (B) Outreach and coordination with local child savings account programs. (C) Program incentives to promote equity. (D) Administrative fees and caps. (E) Contribution strategies. (F) Program accessibility, including language, identification, and banking access. (c) On or before June 30, 2023, and on or before September 30 annually thereafter, the board shall report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, information pertaining to the program’s implementation. The report shall include, at a minimum, all of the following: (1) Detailed program expenditure information, including the amount of funds expended to establish KIDS Accounts pursuant to this article in the previous five fiscal years. (2) The number of KIDS Accounts opened and state and nonstate contributions made to KIDS Accounts. (3) Information about how parents were notified pursuant to subdivision (b) of Section 69996.3. (4) The number of parents or legal guardians who engage with KIDS Accounts by verifying receipt of information provided to them pursuant to paragraph (2) of subdivision (b) of Section 69996.3, establishing separate accounts pursuant to Article 19 (commencing with Section 69980), or engaging with KIDS Accounts by other means approved by the board. (5) A description of the board’s efforts and success in soliciting philanthropic or nonstate money to support the program. (6) A description of the board’s marketing of the program. (7) The rate of investment return earned by the money authorized by this article in the previous five fiscal years. (8) To the extent that information is available and can be disclosed without providing any opportunity to associate the information with particular individuals, the board shall include information on the ethnicity, gender, and family income of account recipients. (9) Recommendations for improving the program. (Amended by Stats. 2023, Ch. 195, Sec. 4. (SB 142) Effective September 13, 2023.)
  3. 69996.7.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. )

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    The section lets children seek extra private or other funding for their KIDS Account, and lets the board choose an investment plan other than Scholarshare 529.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. ) ## 69996.7. (a) Funds appropriated pursuant to Schedule 1 of Item 0954-162-8506 of Section 2.00 of the Budget Act of 2021 shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children who do not already have a KIDS Account established. For the 2021–22 fiscal year, funds appropriated pursuant to Provision 2 of Item 0954-101-0001 of Section 2.00 of the Budget Act of 2021 shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children that are ineligible to receive funds appropriated pursuant to Schedule 1 of Item 0954-162-8506 of Section 2.00 of the Budget Act of 2021. Commencing with the 2022–23 fiscal year, funds appropriated pursuant to Provision 2 of Item 0954-101-0001 of Section 2.00 of the annual Budget Act shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children who do not already have a KIDS Account established. (b) All assets of the fund and moneys allocated to individual KIDS Accounts shall be considered to be owned by the state until used for the payment of qualified higher education expenses at an institution of higher education. (c) Deposits made to the fund or disbursements from the fund allocated to individual participant KIDS Accounts shall be invested through a Scholarshare 529 account or through another investment plan determined by the board. (d) This article shall not be construed to prevent any child from seeking private or other funding sources to supplement the amount of funds deposited in the child’s KIDS Account. (e) Notwithstanding any other law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article shall augment and not supplant student financial aid from other public sources, and shall not be considered when calculating eligibility for student financial aid. (f) Notwithstanding any other law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article and claimed by a recipient pursuant to this article shall be exempt from state income tax liability. (g) To the extent permissible under federal law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article shall not be considered in the federal needs analysis for student financial aid, as they shall be considered an asset of the state until used for the payment of qualified higher education expenses at an institution of higher education. (Added by Stats. 2021, Ch. 144, Sec. 54. (AB 132) Effective July 27, 2021.)
  4. 69996.8.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. )

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    The board may adopt rules for KIDS Accounts, must request certain personal information voluntarily, and must keep that information confidential.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. ) ## 69996.8. (a) The board may establish rules and regulations to ensure that money in a KIDS Account established pursuant to this article is disbursed directly to the institution of higher education indicated on the award recipient’s claim form. These rules and regulations, if established, shall ensure that the program meets all applicable criteria for federal tax-deferral benefits, federal tax-exempt benefits, or both. (b) Moneys in the fund or in KIDS Accounts authorized under this article are nontransferable to any person other than the award recipient or any other entity than the institution of higher education indicated on the award recipient’s claim form, and may only be used for the purposes stated in this article. Moneys in the fund or in KIDS Accounts authorized by this article shall not be pledged as collateral for any loan. (c) The board shall request each KIDS Account recipient or their parent or legal guardian to voluntarily report personal information about the award recipient, including, but not limited to, ethnicity, gender, and family income. The board shall compile and retain that information in a confidential manner so that the personal information of any award recipient is not publicly disclosed in a manner that may be associated with a particular individual. (Added by Stats. 2021, Ch. 144, Sec. 55. (AB 132) Effective July 27, 2021.)
  5. 69996.9.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. )

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    This section requires the board to help identify eligible pupils, share certain pupil data with local agencies, protect privacy, and make or limit KIDS Account deposits for eligible pupils.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] ( Article 19.5 added by Stats. 2019, Ch. 53, Sec. 16. ) ## 69996.9. (a) (1) For the 2021–22 fiscal year, through the program, all of the following shall occur: (A) Each pupil enrolled in grades 1 to 12, inclusive, on the State Department of Education’s official census day in the 2021–22 fiscal year who meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02 and who is enrolled at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account established on the pupil’s behalf, unless the pupil’s KIDS Account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into the pupil’s KIDS Account in the amount of five hundred dollars ($500). (B) In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each eligible pupil who is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500). (C) In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each eligible pupil who is also a homeless pupil meeting the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500). (2) Commencing with the 2022–23 fiscal year, through the program, all of the following shall occur: (A) Each pupil who meets all of the following conditions shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into their KIDS Account in the amount of five hundred dollars ($500): (i) The pupil is enrolled in first grade on the State Department of Education’s official census day in the applicable fiscal year. (ii) The pupil meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02. (iii) The pupil is enrolled at a school district, public charter school, state special school, or other local educational agency. (B) In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500). (C) In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a homeless pupil under the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500). (D) For pupils for whom a KIDS Account has already been established pursuant to Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this paragraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held. (3) (A) Commencing with the 2025–26 fiscal year, and subject to an appropriation by the Legislature, through the program, both of the following shall occur: (i) (I) Each pupil who is a foster youth, as defined under subdivision (b) of Section 42238.01, and is enrolled in any of grades 1 to 12, inclusive, at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit of an additional five hundred dollars ($500). (II) Each foster youth pupil described in subclause (I) who did not previously receive a deposit pursuant to either subparagraph (A) of paragraph (1), or subparagraph (A) of paragraph (2), shall further receive an enhanced deposit of five hundred dollars ($500) in addition to the deposit pursuant to subclause (I). (III) Upon receiving an enhanced deposit pursuant to subclause (I) or (II) in any fiscal year, a pupil shall not be eligible for an enhanced deposit pursuant to subclause (I) or (II) in any subsequent fiscal year. (ii) For pupils for whom a KIDS Account has already been established pursuant to Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this subparagraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held. (B) This paragraph shall become inoperative on January 1, 2029. (4) (A) A pupil who receives an enhanced deposit into their KIDS Account pursuant to paragraph (1) or (2) may only have one enhanced deposit made into their existing or newly established KIDS Account pursuant to this article, except as provided for in subparagraph (B). A pupil shall not have more than one KIDS Account established for them pursuant to this article. (B) Notwithstanding subparagraph (A), a pupil who receives an enhanced deposit into their KIDS Account pursuant to subparagraph (A) or (C) of paragraph (1), or a pupil who receives an enhanced deposit pursuant to subparagraph (A) or (C) of paragraph (2), may also receive enhanced deposits pursuant to paragraph (3). (b) (1) The board shall collaborate with the State Department of Education, or other relevant governmental agencies, to identify eligible pupils for the purpose of establishing KIDS Accounts or making an enhanced deposit into existing KIDS Accounts pursuant to this section. To the extent feasible, the State Department of Education shall annually provide necessary data using census day data in a secure manner for the board to fulfill its obligations pursuant to this article, including, but not necessarily limited to, eligible pupils’ names, pupil identification, birth dates, grade levels, contact information of parents or legal guardians, and eligibility information. For purposes of this subdivision, the information received by the board shall be considered necessary to facilitate the establishment or enhancement of KIDS Accounts, or the establishment of a notification process for parents or legal guardians of eligible pupils. (2) The board shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes: (A) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (B) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (C) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (3) Notwithstanding any other law, individual records or source data associated with the establishment of a KIDS Account pursuant to this article shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The Legislature finds and declares that undocumented persons are eligible for KIDS Accounts within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. (d) It is the intent of the Legislature to appropriate state funding in the annual Budget Act to support the establishment of a KIDS Account for any eligible pupil who meets, or could meet in a future year, the requirements to be exempt from nonresident tuition pursuant to subdivision (a) of Section 68130.5. (e) (1) For the 2024–25 to 2029–30 fiscal years, inclusive, the board shall partner with the Riverside County Office of Education, including the 23 school districts in the County of Riverside, to explore ways to increase participation in the KIDS Program. For the 2025–26 to 2029–30 fiscal years, inclusive, the board shall partner with the San Diego Unified School District to explore ways to increase participation in the KIDS Program. (2) As permissible under federal and state data privacy and data security laws, the board shall provide the local educational agencies specified in paragraph (1) with the statewide student identifiers of pupils within their respective jurisdictions who have not yet engaged with the KIDS Account established on their behalf commencing with the 2021–22 fiscal year. The board shall provide data at least three times per year to the extent feasible. Upon receipt of this data, the local educational agencies shall be responsible for complying with all applicable federal and state data privacy and data security laws relating to pupil record information. (3) The board shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes: (A) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (B) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (C) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (4) (A) On or before September 30, 2025, and on or before September 30, 2029, the board, in collaboration with the local educational agencies specified in paragraph (1), shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code. The report shall include, at a minimum, all of the following: (i) The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have registered on the program’s online portal and the number that have linked their KIDS Account to a Scholarshare 529 account. (ii) The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have requested a distribution of funds for qualified higher education expenses and the total amount of those payments. (iii) A comparison of the rates specified in clauses (i) and (ii) with the rates of KIDS Program participants statewide. (iv) As provided by the partnering local educational agencies, a description of the outreach strategies they implemented that were aimed at increasing participation in the KIDS Program, along with any information available on the direct impact of each of those strategies. (v) Recommendations for improving KIDS Program structure and outreach in collaboration with local educational agencies. (B) The board may include this information in its annual report on the KIDS Program pursuant to subdivision (c) of Section 69996.6. (5) This subdivision shall become inoperative on July 1, 2030. (Amended by Stats. 2025, Ch. 9, Sec. 7. (AB 123) Effective June 27, 2025.)
  6. 69999.10.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

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    This section names the California Military Department GI Bill and says it may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.10. This article shall be known, and may be cited, as the California Military Department GI Bill. (Amended by Stats. 2018, Ch. 547, Sec. 2. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.)
  7. 69999.12.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

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    This section establishes the California Military Department GI Bill Award Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.12. There is hereby established the California Military Department GI Bill Award Program. (Amended by Stats. 2018, Ch. 547, Sec. 3. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.)
  8. 69999.14.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    This section states legislative findings about the California Military Department GI Bill Award Program and says Article 20.7 is conditionally operative under another section.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.14. The Legislature finds and declares all of the following: (a) The California Military Department exists to provide a military organization in California with the capability to protect the lives and property of the people of the state during periods of natural disaster and civil disturbances, and to perform other functions required by the Military and Veterans Code or as directed by the Governor. (b) The California Military Department performs an essential public purpose in protecting the health, safety, and property of California’s citizens and, in order to fulfill its objectives, it is necessary for the California Military Department to have sufficient service members to deal with natural or human-caused disasters and emergencies. (c) The state-sponsored education benefit is an important tool used to ensure that the California Military Department attracts and retains highly competent and capable service members who stand ready to immediately respond to the state’s call. (d) The California Military Department GI Bill is an investment in the men and women who serve California faithfully. This incentive ensures that members of the California National Guard and the California State Guard are not placed at an educational disadvantage when compared to their active duty or reserve component counterparts. (e) The Legislature and the California Military Department believe that every service member who takes the oath to serve this great state needs to be afforded the best opportunity to achieve a higher education. (Amended by Stats. 2020, Ch. 97, Sec. 7. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.)
  9. 69999.16.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    This section lets qualifying California National Guard, State Guard, or Naval Militia members apply for a GI Bill award and sets eligibility conditions, application steps, and award limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.16. (a) Commencing January 1 of the 2009–10 academic year, and each academic year thereafter, any qualifying member of the California National Guard, the State Guard, or the Naval Militia may apply for an award under the California Military Department GI Bill. (b) (1) A qualifying member shall meet all of the following conditions to be eligible to receive a California Military Department GI Bill award: (A) The person is a resident within the meaning of Section 68017. (B) The person is an active member of the California National Guard, the State Guard, or the Naval Militia. (C) The person has been accepted or registered at, or enrolled in, a qualifying institution, as defined in subdivision (l) of Section 69432.7. (D) The person agrees to use the award to obtain a certificate, degree, or diploma that the person does not hold at the time the person applies for the award, and enrolls in at least three academic units per semester, or the equivalent thereof. The award may be used to obtain one baccalaureate, graduate, or doctoral degree. The award may be used for a certificate, degree, or diploma that leads to a baccalaureate, graduate, or doctoral degree. (E) The person agrees to serve two years in the California National Guard, the Naval Militia, or the California State Guard upon completion of the last academic period that the person uses educational assistance under this program. (F) The person agrees to complete their course of study within 10 years of the person’s initial acceptance into the program. If a person is unable to complete their course of study in the 10-year period due to federal military activation or other unexpected circumstance, the Adjutant General of the California Military Department may extend that person’s participation in the program for a period of up to five additional years. (G) The person has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education. (2) To be eligible for an award for a summer session term, a qualifying member who meets the conditions in paragraph (1) shall submit a letter from the member’s unit commander that states that the member’s enrollment in that summer session will not adversely impact the member’s attendance at mandatory military training. (c) Each person applying for a California Military Department GI Bill award shall submit an application for an award to the Adjutant General. (d) The Adjutant General shall do all of the following: (1) Annually identify the skills most needed by the California National Guard to retain members who possess, or seek to possess, those identified skills. (2) Prioritize those applicants who qualify for an award pursuant to subdivision (b) based on the skills most needed by the California National Guard, as identified pursuant to paragraph (1). (3) Select award recipients from among eligible applicants pursuant to subdivision (e). (4) Certify the eligibility of applicants to the Student Aid Commission. (5) Notify recipients of their selection for an award. (e) The Adjutant General shall select recipients who have been judged by the Adjutant General to have outstanding ability on the basis of criteria that may include, but shall not be limited to, any of the following: (1) The Military Occupational Specialty Code or the Air Force Specialty Code. (2) An annual noncommissioned officer evaluation report or officer evaluation report of the preceding two years. (3) A memorandum from the applicant’s commander recommending the applicant for the award. (4) Commendations the applicant has received. (5) An essay, written by the applicant, explaining why education is important to the applicant. (f) The number of awards issued by the Student Aid Commission in any fiscal year shall be limited to the number authorized in the annual Budget Act for that year, but in no event shall exceed 1,000 in any fiscal year. (g) The Student Aid Commission shall issue the awards in accordance with Section 69999.18. (Amended by Stats. 2020, Ch. 97, Sec. 8. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.)
  10. 69999.18.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    The Student Aid Commission must issue certain awards once it gets the required Adjutant General certificate, and it must send needed information to the Military Department for reporting. The provision also sets award caps, renewal rules, and GPA/certification conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.18. (a) The Student Aid Commission is responsible for issuing awards authorized by Section 69999.16, upon receipt of a certificate from the Adjutant General verifying that the applicant meets the eligibility requirements of this article. The commission shall provide any information to the Military Department that is necessary to meet the reporting requirements of Section 69999.24. (b) The amount of an award issued pursuant to this article shall be as follows: (1) For a recipient attending the University of California or the California State University, the maximum amount of the Cal Grant A award, pursuant to Section 66021.2, as adjusted in the annual Budget Act. (2) For a recipient attending a community college, the maximum amount of the Cal Grant B award, pursuant to Section 66021.2, as adjusted in the annual Budget Act. (3) For a recipient attending a nonpublic institution, the maximum amount of a Cal Grant A award for a student attending the University of California pursuant to Section 66021.2, as adjusted in the annual Budget Act. (c) An award used for graduate studies shall not exceed the maximum amount of a Cal Grant A award, as specified in paragraph (1) of subdivision (b). (d) The award amount under subdivisions (b) and (c) shall not exceed the difference between the recipient’s cost of attendance and any other student financial aid and educational benefits pursuant to the federal Montgomery GI Bill (38 U.S.C. Sec. 3001 et seq.) or any other federal educational benefits program for veterans. (e) California Military Department GI Bill awards may be renewed for each new academic year, for a maximum of the greater of either (1) four years of full-time equivalent enrollment or (2) the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program (Chapter 1.7 (commencing with Section 69430)), if the Adjutant General certifies the qualifying member’s eligibility and the qualifying member maintains at least a 2.0 cumulative grade point average. (Amended by Stats. 2018, Ch. 547, Sec. 6. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.)
  11. 69999.20.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    Qualifying members cannot receive both the GI Bill award and a Cal Grant for the same academic year, but an eligible member may choose between them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.20. Qualifying members shall not receive both a California Military Department GI Bill award and any Cal Grant award for the same academic year. A qualifying member under this article who is also eligible for a Cal Grant award may elect between an award under this article and any Cal Grant award for the same academic year. (Amended by Stats. 2018, Ch. 547, Sec. 7. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.)
  12. 69999.22.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    The Student Aid Commission must adopt emergency rules and regulations to administer this article, and those rules must set criteria for selecting award recipients and priorities for allocating available money to applicants.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.22. The Student Aid Commission, in consultation with the Military Department, shall adopt emergency rules and regulations, pursuant to Section 11346.1 of the Government Code, for the purpose of administering this article. These rules and regulations shall include provisions that establish criteria for selecting award recipients, including priorities for allocating available money to applicants. The Student Aid Commission may solicit the advice of representatives from postsecondary educational institutions regarding any proposed rules and regulations. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.)
  13. 69999.23.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    The Student Aid Commission may contract with public or private entities to improve award processing and distribution using electronic networks and unified databases.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.23. (a) Costs incurred by the Student Aid Commission for issuing and processing awards shall be reimbursed through an interagency agreement from appropriations in the annual Budget Act to the Military Department for purposes of this article. (b) The Student Aid Commission may enter into contracts with a public agency or a private entity to improve the processing and distribution of awards through the use of electronic networks and unified databases. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.)
  14. 69999.24.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    The Student Aid Commission must report annually to the Legislature on program participation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.24. The Student Aid Commission shall report annually to the Legislature regarding program participation, including, but not necessarily limited to, both of the following, as categorized on the basis of age, ethnicity, and gender: (a) The total number of participants in the program established by this article. (b) The number of participants who receive a California Military Department GI Bill award, classified by academic year. (Amended by Stats. 2018, Ch. 547, Sec. 8. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.)
  15. 69999.28.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. )

    Verify source ↗

    This article becomes operative only if the Legislature makes an appropriation for its purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] ( Heading of Article 20.7 amended by Stats. 2018, Ch. 547, Sec. 1. ) ## 69999.28. This article shall become operative only upon an appropriation by the Legislature for the purposes of this article. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Note: Contingent operation provision applies to Article 20.7, commencing with Section 69999.10.)
  16. 69999.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. )

    Verify source ↗

    The board may manage scholarship funds, but it must meet several deadlines for agreements, notices, and award administration.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. ) ## 69999.6. (a) In enacting this article, it is the intent of the Legislature to accomplish all of the following: (1) Provide explicit authority to the board to continue to administer accounts for, and make awards to, persons who qualified for awards under the provisions of the Governor’s Scholarship Programs as those provisions existed on January 1, 2003, prior to the repeal of former Article 20 (commencing with Section 69995). (2) Provide for the management and disbursement of funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). (3) Provide a guarantee should additional funds be needed to cover awards authorized and made pursuant to former Article 20 (commencing with Section 69995). (b) The board may manage and disburse the funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). (c) If a person has earned an award under the Governor’s Scholarship Programs on or before January 1, 2003, but has not claimed the award on or before June 30, 2004, he or she still may claim the award by a date that is five years from the first June 30 that fell after he or she took the qualifying test. An award shall not be made by the board after that date. (d) The board shall negotiate with the current manager of the Governor’s Scholarship Programs and execute an amended or new management and funding agreement, before January 1, 2013, which shall include, but not be limited to, all of the following: (1) Terms providing for the return to the General Fund by no later than January 1, 2013, of moneys appropriated to the Governor’s Scholarship Programs that are not anticipated to be needed to make awards pursuant to paragraphs (1) and (2) of subdivision (a). (2) Provisions that authorize the board to pay agreed-upon early withdrawal penalties or fees. (3) Terms that extend to the final date upon which the board may withdraw funds for a person who earned an award under the Governor’s Scholarship Programs. (e) (1) If funds retained in the Golden State Scholarshare Trust after January 1, 2013, are insufficient to cover the remaining withdrawal requests, it is the intent of the Legislature to appropriate the necessary funds to the Golden State Scholarshare Trust for the purpose of funding individual beneficiary accounts. (2) The board shall notify the Department of Finance and the Legislature no later than 10 working days after determining that a shortfall in available funding described in paragraph (1) will occur. (f) (1) (A) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d), five million dollars ($5,000,000) is hereby appropriated to the Chancellor of the California State University, without regard to fiscal years, to fund the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library, and the development or acquisition of open education resources, or any combination thereof, pursuant to legislation enacted in the 2011–12 Regular Session of the Legislature, provided that the chancellor may provide reimbursement to the California Community Colleges and the University of California for costs those segments, or their representatives, incur in association with the activities described in this paragraph. (B) Effective January 1, 2016, three million dollars ($3,000,000) of the moneys appropriated pursuant to this paragraph are hereby reappropriated pursuant to paragraph (4). (2) Except those moneys allocated pursuant to paragraphs (3) and (4), moneys, or a portion of moneys, appropriated pursuant to paragraph (1) shall not be encumbered unless at least 100 percent of that amount encumbered is matched by private funds and, if not matched by private funds, shall revert to the Golden State Scholarshare Trust for purposes of the Governor’s Scholarship Programs. (3) Of the unencumbered amount appropriated pursuant to paragraph (1) as of June 30, 2015: (A) Up to two hundred thousand dollars ($200,000) may be used for administration of the California Open Online Library for Education. These funds may be used by the California Open Online Library for Education to continue developing and updating its services to provide faculty, staff, and students convenient access to open educational resources as course materials and to provide administrative support for the California Open Educational Resources Council. These funds may be used by the California Open Online Library for Education for purposes of the Open Educational Resources and Adoption Incentive Program until September 1, 2020. (B) Up to twenty-seven thousand dollars ($27,000) may be used for stipends to members of the California Open Education Resources Council for these members to carry out their duties in accordance with the Open Educational Resources Adoption Incentive Program. (4) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d) and appropriated pursuant to paragraph (1), three million dollars ($3,000,000) is hereby reappropriated to the Chancellor of the California State University, without regard to fiscal years, for allocation for the Open Educational Resources Adoption Incentive Program. (g) The board may adopt rules and regulations for the implementation of this article. (Amended by Stats. 2015, Ch. 633, Sec. 2. (AB 798) Effective January 1, 2016.)
  17. 69999.7.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. )

    Verify source ↗

    The Scholarshare Investment Board must transfer specified funds to the General Fund within 30 days after the Budget Act of 2004 is enacted, and later notify the Controller if claims exceed the reserve threshold.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. ) ## 69999.7. (a) Notwithstanding any other provision of law, not later than 30 days after enactment of the Budget Act of 2004, the Scholarshare Investment Board shall transfer from the Golden State Scholarshare Trust to the General Fund the lesser of (1) fifty million dollars ($50,000,000) or (2) the balance resulting from unclaimed awards in the Golden State Scholarshare Trust that exceeds five million dollars ($5,000,000) as of the close of business on the business day preceding the transfer. (b) The amount remaining in the Golden State Scholarshare Trust after the transfer required by subdivision (a) shall be available as a reserve for funding claims for these awards. If claims for these awards exceed four million dollars ($4,000,000) of the reserve established by this act in the Golden State Scholarshare Trust, the Scholarshare Investment Board shall notify the Controller of the amount of any shortfall of funds for the payment of claims, and the Controller shall transfer an amount of money equal to the shortfall from the General Fund to the Golden State Scholarshare Trust. (Added by Stats. 2004, Ch. 227, Sec. 15. Effective August 16, 2004.)
  18. 69999.8.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. )

    Verify source ↗

    This section defines “Board” and “Former Article 20” for this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] ( Article 20.5 added by Stats. 2004, Ch. 227, Sec. 15. ) ## 69999.8. As used in this article: (a) “Board” means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. (b) “Former Article 20” means former Article 20 (commencing with Section 69995) of Chapter 2 of Part 42 of the Education Code, as it read on January 1, 2003. (Added by Stats. 2004, Ch. 227, Sec. 15. Effective August 16, 2004.)
  19. 7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A public officer’s deputy, or a person the officer authorizes by law, may exercise the officer’s power or perform the officer’s duty unless the code says otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1976, Ch. 1010.)
  20. 70.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “writing” and says certain notices, reports, statements, and records required or authorized by the code must be in writing in English unless otherwise provided; certified mail can satisfy a registered-mail requirement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 70. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Enacted by Stats. 1976, Ch. 1010.)
  21. 7000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    Certain school employers must let eligible retired certificated employees, their spouses, and some surviving spouses enroll in district health, welfare, or dental plans, subject to listed timing rules and exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7000. (a) Notwithstanding Article 1 (commencing with Section 53200) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, a county superintendent of schools, a school district, or a community college district, which provides health and welfare benefits or dental care benefits for the benefit of its certificated employees, shall permit enrollment in, respectively, the health and welfare benefit plan or dental care benefit plan currently provided for its current certificated employees by any former certificated employee thereof who retired therefrom under any public retirement system and his or her spouse and by any surviving spouse of a former certificated employee thereof who either retired therefrom under any public retirement system or was, at the time of death, both employed thereby in a position requiring contributions to the State Teachers’ Retirement System and a member of the State Teachers’ Retirement System. This subdivision does not apply to either the new spouse upon the remarriage of a surviving spouse of a former certificated employee or the children of a certificated or former certificated employee. (b) A county superintendent of schools or district may develop an experience claims rating for the persons specified in subdivision (a) and may, if appropriate, require those persons to pay different rates as a class. Any plan pursuant to this article shall provide separate single and two-party rates for at least the following classes: for those under 65, for those over 65 who have Medicare A and B, and for those over 65 who do not have Medicare A. (c) The county superintendent of schools, school district, or community college district shall annually select a one-month period during which persons described by subdivision (a) may elect to enroll in, respectively, the health and welfare benefit plan or the dental care benefit plan or change their enrollment from one to another health and welfare plan or dental care benefit plan, respectively. (d) A certificated school employee who retired on or before August 24, 1986, the effective date of Chapter 561 of the Statutes of 1986, or the surviving spouse of a certificated employee retired as of August 25, 1986, shall be permitted to enroll in any district health and dental care plan during the 1986, 1987, and 1988 enrollment periods. (e) A certificated school employee who retires after August 24, 1986, the effective date of Chapter 561 of the Statutes of 1986, or the surviving spouse of a certificated employee retired as of August 25, 1986, shall be allowed to enroll in the coverage provided by this article within 30 days of losing active employee coverage, but if the retiree does not enroll in a district health or dental care plan during this initial enrollment period, the retiree may be denied further opportunity to do so. The enrollment period for retirees under this subdivision shall correspond to that provided to active employees, unless a district chooses to offer an additional enrollment period. (f) This article shall permit enrollment into any district health and dental care plan only once. A retiree or spouse or surviving spouse of a certificated employee who has been previously covered under this article and who has voluntarily terminated that coverage, thereafter may be excluded from obtaining coverage under this article. This subdivision does not apply to a person who is changing plans within a district during an open enrollment period. (g) Retirees or surviving spouses of certificated employees may be enrolled in a medical care plan pursuant to this section during periods other than those specified therein if they lose their coverage. With documentation of prior coverage, they may be allowed to enroll in a medical care plan, if they do so within 31 days of losing their other coverage. (h) Any person described by subdivision (a) who elects, pursuant to this article, to be covered by, respectively, a health and welfare benefit plan or dental care benefit plan, may be required to pay all premiums, dues, and other charges, including any increases in the rate of premiums or dues for these persons, and all costs incurred by the district or county superintendent of schools in administering this article. (Amended by Stats. 1990, Ch. 1372, Sec. 42.)
  22. 7000.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    District health plans may not require Medicare A enrollment before enrollment, but they may require Medicare B purchase in some cases and may tie eligibility to Medicare benefit assignment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7000.3. Enrollment in Medicare A shall not be a prerequisite for enrollment in any district health plan pursuant to this article. However, the purchase of Medicare B may be required for enrollment if the participant qualifies to purchase it. In addition, a district health plan may be restructured to pay benefits as if each participant is enrolled in Medicare B as soon as the participant qualifies to purchase Medicare B. A health plan may condition eligibility for enrollment on the effective assignment of any Medicare benefits for which the enrollee would be eligible. (Added by Stats. 1986, Ch. 561, Sec. 3. Effective August 25, 1986.)
  23. 7000.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    Certain school-related health benefits plans may include a preexisting condition exclusion, subject to timing limits and enrollment-related exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7000.5. (a) Any health benefits plan provided by any county superintendent of schools, school district, or community college district pursuant to this article may contain a preexisting condition exclusion, as follows: (1) The coverage of any person who has a break in coverage, may, for the first three months after reenrollment, exclude any care received for a condition which is caused by, or results from, a condition existing at the time of reenrollment or for which the person received medical advice or treatment during the six-month period immediately preceding reenrollment. (2) Coverage of any person who is confined to a hospital or his or her home for medical treatment at the time of enrollment in a health plan pursuant to this section shall exclude any benefits until the period commencing on the 15th day following the termination of that confinement. (b) This section does not apply to any entity which provides a health benefits plan which contains a preexisting condition exclusion. (c) This section does not apply to any changes in enrollment by a person currently enrolled in a school district’s health benefits plan or due to any change in enrollment or coverage caused by the retirement of a person. (Added by Stats. 1986, Ch. 561, Sec. 4. Effective August 25, 1986.)
  24. 70000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    This section establishes the Governor’s Teaching Fellowships Program and places administration with the Chancellor’s office of the California State University.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70000. (a) The Governor’s Teaching Fellowships Program is hereby established to be administered by the Chancellor’s office of the California State University. The chancellor’s office shall collaborate with the University of California, the California Community Colleges, the Association of Independent California Colleges and Universities, the State Department of Education, and the Commission on Teacher Credentialing to ensure that access to the fellowships is available to students in a variety of teaching preparation programs. (b) In January 2001, 250 nonrenewable graduate teaching fellowships in the amount of twenty thousand dollars ($20,000) each shall be awarded, with funds disbursed one-half in January 2001 and one-half in September 2001. (c) During the 2001–02 fiscal year, 1,000 nonrenewable, graduate teaching fellowships in the amount of twenty thousand dollars ($20,000) each shall be awarded. (d) Commencing with the 2002–03 fiscal year and each fiscal year thereafter, the number of fellowships awarded shall be determined pursuant to an appropriation in the annual Budget Act for this purpose. (e) The fellowship award may be used to defer tuition for a teacher certification program at any accredited postsecondary institution in California and for living expenses while enrolled in that program. (Amended by Stats. 2002, Ch. 1167, Sec. 31. Effective September 30, 2002.)
  25. 70001.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    The Chancellor’s office of the California State University must run and administer a merit-based teaching fellowship program, including outreach, applicant selection, monitoring, and setting selection criteria.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70001. (a) The Chancellor’s office of the California State University shall have the following duties: (1) Developing an application process that establishes a merit-based fellowship program for graduate students who agree to teach at a high-priority school for four years. (2) Establishing a broad and effective outreach effort to promote the availability and the merits of the fellowship program. (3) Conducting the selection process for fellowship applicants. (4) Collaborating with the Commission on Teacher Credentialing to develop and implement a system for monitoring program participants through the completion of their four-year teaching obligation. (5) Determining the criteria for selecting teaching fellowship candidates. The criteria shall include, at a minimum, all of the following: (A) Previous academic and employment record. (B) A demonstrated commitment to serve in a high-priority school. (C) Faculty and employer evaluations. (D) Interviews. (E) Letters of recommendation. (b) For the purposes of this article, a “high-priority school” is a school in the bottom half of the Academic Performance Index rankings established pursuant to subdivision (a) of Section 52056. If a school meets this criteria at the time a teacher is hired, continued employment of the teacher at that school fulfills the commitment made by the teacher, even if the school improves its rank on the Academic Performance Index. (Amended by Stats. 2003, Ch. 91, Sec. 30. Effective January 1, 2004.)
  26. 70002.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    An intersegmental review committee is established to review all Governor’s Teaching Fellowship applications and recommend candidates to the CSU Chancellor’s office.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70002. An intersegmental review committee is hereby established to review all applications for the Governor’s Teaching Fellowships. The committee shall recommend teaching fellowship candidates to the Chancellor’s office of the California State University. The committee shall consist of 12 members, appointed by the Governor to a term of four years, based on recommendations as follows: (a) The Chancellor of the California State University shall recommend six members. Two shall be faculty members. One shall be an administrator from higher education. One shall be an administrator from a school maintaining kindergarten or any of grades 1 to 12, inclusive. Two shall be teachers from schools maintaining kindergarten or any of grades 1 to 12, inclusive. (b) The President of the University of California shall recommend three members. One shall be a faculty member. One shall be an administrator from either higher education or schools maintaining kindergarten or any of grades 1 to 12, inclusive. One shall be an elementary or secondary teacher. (c) The Chair of the Association of Independent California Colleges and Universities shall recommend three members. One shall be a faculty member. One shall be an administrator from either higher education or schools maintaining kindergarten or any of grades 1 to 12, inclusive. One shall be an elementary or secondary teacher. (Added by Stats. 2000, Ch. 70, Sec. 21. Effective July 5, 2000. Operative September 23, 2000, pursuant to Sec. 22 of Ch. 70.)
  27. 70003.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    Fellowship recipients must teach in a high-priority school for four years or repay the state, and the chancellor’s office defines repayment exceptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70003. (a) A fellowship recipient shall agree to teach in a high-priority school for four years and shall have four years, upon completion of his or her preparation program, to meet that obligation. Except as provided in subdivision (c), a fellowship recipient shall agree to repay the state five thousand dollars ($5,000) annually for each year the recipient fails to complete either the teacher preparation program or the required teaching service, up to full repayment of twenty thousand dollars ($20,000). (b) Nonperformance of the commitment to teach in a high-priority school for four years shall be certified by the Commission on Teacher Credentialing to the chancellor’s office. (c) Any exceptions to the requirement for repayment shall be defined by the chancellor’s office. (Amended by Stats. 2003, Ch. 91, Sec. 31. Effective January 1, 2004.)
  28. 70004.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    The Trustees of the California State University must provide an annual report for each higher education institution.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70004. The Trustees of the California State University shall provide an annual report, for each higher education institution, on the number of fellows receiving funding, the number of fellows completing programs, and the place of employment for each candidate. (Added by Stats. 2000, Ch. 70, Sec. 21. Effective July 5, 2000. Operative September 23, 2000, pursuant to Sec. 22 of Ch. 70.)
  29. 70005.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. )

    Verify source ↗

    The Chancellor’s office must adopt rules for administering this section and recovering funds owed to the state, and may seek a civil penalty against a recipient who fails to meet the teaching obligation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] ( Article 21 added by Stats. 2000, Ch. 70, Sec. 21. ) ## 70005. (a) The Chancellor’s office of the California State University shall adopt any rules and regulations it deems necessary for the administration of this section and the recovery of funds it determines are owed to the state. The rules and regulations adopted by the chancellor’s office pursuant to this section shall also include a provision authorizing the chancellor’s office to seek a civil penalty on a recipient of funds under this program, in an amount not to exceed five thousand dollars ($5,000) per year for each year that the recipient of funds is determined by the Commission on Teacher Credentialing to have failed to fulfill his or her obligation to teach in a high-priority school. (b) Any moneys derived from the assessment of penalties pursuant to this section shall be deposited into the General Fund. (Amended by Stats. 2003, Ch. 91, Sec. 32. Effective January 1, 2004.)
  30. 70010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The California Memorial Scholarship Program is established and must be administered by the Scholarshare Investment Board and funded by the California Memorial Scholarship Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70010. (a) The California Memorial Scholarship Program is hereby established. The program shall be administered by the Scholarshare Investment Board established pursuant to Section 69984. The program shall be funded by the California Memorial Scholarship Fund established pursuant to Section 5066 of the Vehicle Code. (b) The purpose of the program is to provide scholarships for surviving dependents of California residents killed as a result of injuries sustained during the terrorist attacks of September 11, 2001. These scholarships shall be used to defray the costs incurred by participants in the program at institutions of higher education. The Legislature finds and declares that the scholarships provided by this act are funded by voluntary donations provided by California vehicle owners. (Amended by Stats. 2003, Ch. 62, Sec. 78. Effective January 1, 2004.)
  31. 70010.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the California Memorial Scholarship Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70010.1. As used in this article: (a) “Board” means the Scholarshare Investment Board established pursuant to Section 69984. (b) “California resident” means a person who would not be required to pay nonresident tuition under Chapter 1 (commencing with Section 68000) of Part 41. (c) “Dependent” means a person identified by the California Victim Compensation Board because of his or her relationship to a California resident killed as a result of injuries sustained during the terrorist attacks of September 11, 2001. (d) “Fund” means the California Memorial Scholarship Fund established pursuant to Section 5066 of the Vehicle Code. (e) “Institution of higher education” has the same meaning as “eligible educational institution,” as defined in paragraph (5) of subsection (e) of Section 529 of the Internal Revenue Code of 1986, as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public Law 105-34). (f) “Participant” means a surviving dependent of a California resident killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, who has executed, or on whose behalf has been executed, an agreement pursuant to Section 70011. (g) “Program” means the California Memorial Scholarship Program established pursuant to Section 70010. (h) “Scholarship” means a participant’s account as established by the board with moneys deposited in the fund. (Amended by Stats. 2016, Ch. 31, Sec. 22. (SB 836) Effective June 27, 2016.)
  32. 70010.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The California Victim Compensation Board must identify and document eligible scholarship recipients, notify them, and the Scholarshare Investment Board may service scholarships only for those found eligible.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70010.5. (a) The California Victim Compensation Board shall identify, and confirm by documentation, all persons who are eligible for scholarships under the program. The California Victim Compensation Board shall use various methods to identify those persons, including, but not limited to, all of the following: (1) Media outreach, including, but not limited to, social media, that explains the details of the program, who is eligible for scholarships under the program, and how to sign up for further notifications regarding the program. (2) Written notification to persons, or in the case of minors, their parents or guardians, who have previously been identified as eligible for scholarships under the program, and their known family members. The notification shall explain that the program has been reopened, and that the California Victim Compensation Board is seeking information regarding other persons who may be eligible for the program, and shall provide instructions on how to sign up for further notifications regarding the program. (3) Communication with the Special Master of the federal September 11th Victim Compensation Fund to determine if additional victims who were California residents have been identified. (b) After creating a new list of eligible persons for the program, the California Victim Compensation Board shall notify these persons or, in the case of minors, the parents or guardians of these persons, of their eligibility for scholarships under the program. (1) The notification shall be in writing. (2) The notification shall provide details on the program and how to apply for scholarships under the program. (3) The notification shall be received by all of the appropriate persons no later than July 1, 2015. (c) The Scholarshare Investment Board shall service scholarships pursuant to this article only for individuals determined to be eligible by the California Victim Compensation Board. (d) Eligible persons, or in the case of minors, the parents or guardians of these persons, shall inform the Scholarshare Investment Board of their decision on whether to participate in the program in a timely manner. Eligible persons, or in the case of minors, the parents or guardians of these persons, who are to become participants in the program shall execute agreements pursuant to Section 70011 no later than July 1, 2016. (Amended by Stats. 2016, Ch. 31, Sec. 23. (SB 836) Effective June 27, 2016.)
  33. 70010.7.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The DMV must deposit California memorial license plate proceeds into the fund, and the board must set up accounts and an administrative account, with spending and distributions limited by appropriation rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70010.7. (a) (1) The Department of Motor Vehicles shall deposit the proceeds of the sale of California memorial license plates into the fund in accordance with paragraph (2) of subdivision (c) of Section 5066 of the Vehicle Code. When an agreement is executed pursuant to Section 70011, the board shall establish an account within the fund for the benefit of a person eligible for the program. (2) Distributions from the fund shall commence on July 1, 2005. After July 1, 2005, the total amount of moneys in the fund shall, at all times, be evenly divided among the accounts that are in existence at that time until the board has transferred five thousand dollars ($5,000) from the fund into each account. When five thousand dollars ($5,000) has been transferred by the board into each account, all revenues remaining in the fund shall be deposited into the Antiterrorism Fund created by paragraph (1) of subdivision (c) of Section 5066 of the Vehicle Code and distributed as provided in that paragraph. (b) Moneys in the fund, including moneys in the accounts, may be invested and reinvested by the board, or may be invested in whole or in part under contract with private money managers, as determined by the board. The interest earned shall accrue to the accounts. (c) The board shall establish within the fund an administrative account, the amount deposited in which may not exceed 5 percent of the total amount of moneys in the fund. Funds in the administrative account may be used, upon appropriation in the annual Budget Act or in another statute, for the administrative costs of the board in administering the program. (d) No moneys from the fund may be encumbered, and no distribution may be made from any account in the fund, unless and until an appropriation authorizing that encumbrance or distribution is made in the annual Budget Act or in another statute. (Amended by Stats. 2002, Ch. 406, Sec. 9. Effective September 9, 2002.)
  34. 70011.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The board may make agreements with participants or their representatives, and those agreements must say that leftover account money will revert to the Antiterrorism Fund after the participant turns 30 or by July 1, 2026, whichever is later.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70011. (a) The board may enter into agreements with participants or with persons entitled to act on behalf of participants. (b) An agreement shall specify that any moneys remaining in an account after the 30th birthday of the participant, or not later than July 1, 2026, whichever occurs last, shall revert to the Antiterrorism Fund established under paragraph (1) of subdivision (c) of Section 5066 of the Vehicle Code. The agreements may also include, but need not be limited to, the terms and subject matter set forth in Section 69983. (Amended by Stats. 2014, Ch. 242, Sec. 2. (SB 384) Effective August 22, 2014.)
  35. 70011.3.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    This article does not authorize or require admitting a participant into a specific higher education institution or degree program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70011.3. Nothing in this article shall be construed to authorize or require the admission of a participant into a specific institution of higher education or degree program. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.)
  36. 70011.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    Funds awarded under this article must add to, and not replace, other state student financial aid, and eligibility calculations for other state aid must ignore those funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70011.5. Notwithstanding any other provisions of state law, any funds awarded pursuant to this article shall augment and not supplant student financial aid from other state sources. All calculations for eligibility for student financial aid from other state sources shall be made without consideration of any funds awarded pursuant to this article. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.)
  37. 70011.7.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The board must include information about the program’s operation in the annual report required by Section 69989.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70011.7. Within the annual report required pursuant to Section 69989, the board shall also include information on the operation of the program. This information shall include, but need not be limited to, data on the number of agreements executed during the year, the date on which each agreement is executed, the age of each participant, the amount and number of distributions made from accounts within the fund, and the rate of return on the funds invested under this article. (Amended by Stats. 2002, Ch. 406, Sec. 11. Effective September 9, 2002.)
  38. 70011.9.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. )

    Verify source ↗

    The board may adopt emergency regulations for this article, but they must follow the Administrative Procedure Act rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] ( Article 21.5 added by Stats. 2002, Ch. 38, Sec. 1. ) ## 70011.9. (a) The board may adopt regulations for the purposes of this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For the purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (b) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than one year unless the board complies with rulemaking provisions of the Administrative Procedure Act, as required by subdivision (e) of Section 11346.1 of the Government Code. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.)
  39. 7002.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    This section says the article does not create a vested retirement right in health and dental care benefits, and several listed entities have no legal duty to contact certain retired teachers or surviving spouses about the article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7002.5. (a) This article does not create a vested retirement right in health and dental care benefits. (b) The individual districts, the county office, a health plan, an entity providing or arranging a health plan, and the State Teachers’ Retirement System do not have any legal duty to contact retired teachers or surviving spouses of certificated employees with regard to this article. (Amended by Stats. 2006, Ch. 538, Sec. 86. Effective January 1, 2007.)
  40. 70020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. )

    Verify source ↗

    The Middle Class Scholarship Fund is established in the State Treasury, and the money in it must be allocated under this article to make higher education more affordable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. ) ## 70020. The Middle Class Scholarship Fund is hereby established in the State Treasury. Moneys in the fund shall be allocated, in accordance with this article, to make higher education more affordable. (Added by Stats. 2013, Ch. 50, Sec. 2. (AB 94) Effective July 1, 2013.)
  41. 70021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. )

    Verify source ↗

    The Middle Class Scholarship Program is established and administered by the Student Aid Commission.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. ) ## 70021. The Middle Class Scholarship Program is hereby established under the administration of the Student Aid Commission. For purposes of this article, “commission” means the Student Aid Commission. (Added by Stats. 2013, Ch. 50, Sec. 2. (AB 94) Effective July 1, 2013.)
  42. 70022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. )

    Verify source ↗

    This section sets eligibility and award rules for the Middle Class Scholarship Program, and requires the University of California, the California State University, and the commission to follow specified funding, calculation, reporting, and adjustment rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. ) ## 70022. (a) (1) Subject to an available and sufficient appropriation, an undergraduate student enrolled in the California State University or the University of California, or a community college student enrolled in upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, who meets the requirements of paragraph (3) is eligible for a scholarship award as described in paragraph (2). (2) (A) For the 2013–14 to the 2021–22 academic year, inclusive, except as provided in paragraphs (4) and (5), an eligible student shall receive a scholarship award in an amount that, combined with other federal, state, or institutionally administered student grants or fee waivers received by an eligible student, is up to 40 percent of the amount charged to that student in that academic year for mandatory systemwide tuition and fees, or for an eligible community college student, up to 40 percent of the amount charged to that student in upper division fees for a community college baccalaureate degree program, if all of the requirements in paragraph (3) are met, to the satisfaction of the commission, each academic year. (B) For the 2022–23 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student scholarships, grants, or fee waivers, and the amount of private scholarships awarded to the student in excess of the sum of the amounts in clauses (ii) and (iii). (ii) Seven thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources. (iii) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (C) For the 2023–24 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student scholarships, grants, or fee waivers. (ii) The amount of private grants and scholarships awarded to the student, and institutionally awarded emergency housing funds and other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv). (iii) Seven thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources. (iv) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (D) Commencing with the 2024–25 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student need-based scholarships, grants, or fee waivers. (ii) The amount of private grants and scholarships awarded to the student, and institutionally administered non-need-based scholarships and institutionally awarded emergency housing funds or other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv). (iii) An expected student contribution toward cost of attendance from work earnings or other resources. The commission shall adjust the 2023–24 amount of seven thousand eight hundred ninety-eight dollars ($7,898) annually thereafter based on the percentage change in the minimum wage, pursuant to paragraph (1) of subdivision (c) of Section 1182.12 of the Labor Code. (iv) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (E) If a student’s total award under this article, in combination with other grants and scholarships treated as estimated financial assistance (EFA) or other financial assistance (OFA) pursuant to federal financial aid regulations, exceeds the allowable gift aid under those regulations, the award under this article shall be reduced to the greatest allowable award to maintain compliance pursuant to federal financial aid regulations. (F) If an award in clause (i) of subparagraph (D) of less than three hundred dollars ($300) is identified following the determination of a student’s scholarship award under this article, the student’s scholarship award under this article shall not require a recalculation. (3) (A) A student shall be eligible to receive an award if all of the following requirements are met, to the satisfaction of the commission, each academic year: (B) (i) For each academic year from 2013–14 to 2021–22, inclusive, the student’s annual household income does not exceed one hundred fifty thousand dollars ($150,000). For awards distributed for the 2016–17 academic year and subsequent academic years, the commission shall annually adjust the maximum income level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (ii) Commencing with the 2022–23 academic year, the student’s annual household income does not exceed the following amounts: (I) Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse. (II) One hundred thirty-three thousand dollars ($133,000) if the student is a married independent student with no dependents other than a spouse. (III) One hundred sixteen thousand dollars ($116,000) if the student is a single independent student with no dependents. (iii) For awards distributed for the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum income levels set under clause (ii) in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (C) (i) For each academic year from 2015–16 to 2021–22, inclusive, the student’s household asset level shall not exceed one hundred fifty thousand dollars ($150,000). For awards distributed in the 2016–17 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (ii) Commencing with the 2022–23 academic year, the student’s household asset level does not exceed the following amounts: (I) Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse. (II) Ninety-six thousand dollars ($96,000) if the student is a single independent student with no dependents or a married independent student with no dependents other than a spouse. (iii) For awards distributed in the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under clause (ii) in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, a student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (D) The student satisfies the eligibility requirements for a Cal Grant award pursuant to either subdivision (a) or (b) of Section 69433.9, except that a student who is exempt from nonresident tuition under Section 68130.5 shall not be required to satisfy the requirements of paragraph (1) of subdivision (a) of Section 69433.9. (E) The student is exempt from paying nonresident tuition. (F) The student completes and submits a Free Application for Federal Student Aid (FAFSA) or a California Dream Act application. The FAFSA or California Dream Act application must be submitted or postmarked by no later than March 2. (G) The student makes a timely application or applications for all other federal, state, or institutionally administered grants or fee waivers for which the student is eligible. (H) The student maintains satisfactory academic progress in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program pursuant to subdivision (m) of Section 69432.7. (I) The student is pursuing the student’s first undergraduate baccalaureate degree or has completed a baccalaureate degree and has been admitted to, and is enrolled in, a program of professional teacher preparation at an institution approved by the Commission on Teacher Credentialing. (J) The student is enrolled at least part time. (4) (A) For each academic year from 2013–14 to 2021–22, inclusive, the percentages specified in paragraph (2) shall be reduced by 0.6-percent increments per one thousand dollars ($1,000) of annual household income in excess of one hundred thousand dollars ($100,000), to a minimum 10 percent, provided that no scholarship award shall be provided to a student with an annual household income exceeding one hundred fifty thousand dollars ($150,000). Beginning with award calculations for the 2016–17 academic year, and for subsequent academic years, the commission shall annually adjust the income levels specified in this subparagraph by the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution and shall adjust the incremental reduction accordingly to ensure that a minimum of 10 percent of mandatory systemwide tuition and fees for an academic year are awarded. This reduction shall be in addition to any reduction required by Section 70023. (B) Notwithstanding subparagraph (A), for each academic year from 2013–14 to 2021–22, inclusive, for any student who qualifies for a scholarship award of at least one dollar ($1), the minimum annual scholarship amount for full-time enrollment is ninety dollars ($90). (5) (A) For the 2014–15, 2015–16, and 2016–17 academic years, the maximum amount of a student’s scholarship award shall be 35 percent, 50 percent, and 75 percent, respectively, of the total scholarship award amount that the student would otherwise be eligible to receive. (B) Commencing with the 2022–23 academic year, except as provided in subparagraph (D), the maximum amount of a student’s scholarship award shall be determined by the percentage determined pursuant to subparagraph (C) of the total scholarship award amount that the student would otherwise be eligible to receive. (C) The commission shall annually determine the percentage required for purposes of subparagraph (B) by taking the amount appropriated for purposes of this program for the applicable award year, less the amount necessary to fund subparagraph (D), and dividing that by the sum of the projected amount computed pursuant to subparagraph (B), (C), or (D) of paragraph (2) for the applicable award year for all eligible students, except those affected by subparagraph (D). (D) Commencing with the 2023–24 academic year, a current or former foster youth, as defined in paragraph (2) of subdivision (e) of Section 69433.6, shall receive a scholarship award in the full amount determined in subparagraphs (C) or (D) of paragraph (2), as adjusted, if applicable, pursuant to paragraph (2) of subdivision (d). (b) In order for students enrolled in their respective segments to remain eligible to receive a scholarship award under this article, the University of California and the California State University shall not supplant their respective institutional need-based or merit-based grants with the funds provided for scholarships under this article. The University of California and the California State University shall ensure that the amount of institutional student aid provided in each academic year beginning with the 2022–23 academic year is adjusted annually to account for increases in systemwide undergraduate enrollment, as applicable, such that the proportion of institutional student aid relative to systemwide undergraduate enrollment is maintained at a level at least equivalent to the level maintained for undergraduate students during the 2021–22 academic year. The University of California and the California State University shall also ensure that at least 33 percent of the revenues of an increase to existing mandatory systemwide fees charged to undergraduate students is set aside by the regents or the trustees, as applicable, for institutional student aid to assist resident undergraduate students, including those undergraduate students exempt from nonresident tuition pursuant to Sections 68075.5 and 68130.5, and families in meeting the total cost of education. (c) (1) The University of California and the California State University shall report on the implementation of this article as part of the report made pursuant to Section 66021.1. At a minimum, the report shall add the following information, by parental income level or expected family contribution deciles, for the prior academic year: (A) The number and percentage of students receiving an award under this article and the average dollar amount of that award. (B) The number and percentage of students receiving a student loan and the average amount borrowed. (2) The report shall also include the following information by campus for the prior academic year: (A) The cost of attendance for undergraduates in each living arrangement (on campus, off campus, or at home with parents). (B) The number and percentage of undergraduates in each living arrangement (on campus, off campus, or at home with parents). (d) (1) A Middle Class Scholarship Program award authorized pursuant to this article shall be defined as a full-time equivalent grant. An award to a part-time student shall be a fraction of a full-time grant. For each academic year from 2013–14 to 2021–22, inclusive, an award to a part-time student shall be determined by the proportionate amount charged for systemwide tuition and fees. A part-time student shall not be discriminated against in the selection of Middle Class Scholarship Program awards. For purposes of this section, “full-time student” and “part-time student” have the same meaning as specified in subdivision (f) of Section 69432.7. (2) Commencing with the 2022–23 academic year, an award to a student enrolled in six to eight semester units, inclusive, or the equivalent shall be no more than one-half of the award the student would have received had the student enrolled full time. An award to a student enrolled in 9 to 11 semester units, inclusive, or the equivalent shall be no more than three-quarters of the award the student would have received had the student enrolled full time. (Amended by Stats. 2025, Ch. 745, Sec. 3.5. (SB 148) Effective October 13, 2025. Operative January 1, 2026, pursuant to Sec. 11 of Stats. 2025, Ch. 745.)
  43. 70022.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. )

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    This section sets how long a Middle Class Scholarship award may be renewed, including special rules for five-year programs and an extra year for certain teacher-preparation students.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. ) ## 70022.5. (a) A scholarship award under this article may be renewed for a total of the equivalent of four years of full-time attendance in an undergraduate program or, for a community college award recipient, the equivalent of two years of full-time upper division coursework attendance in the community college baccalaureate degree program. Commencing with the 2016–17 academic year, the total number of years of eligibility for grants pursuant to this article shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) For a student enrolled in an institutionally prescribed five-year undergraduate program, a scholarship award under this article may be renewed for a total of up to five academic years of attendance as long as the student meets the requirements of Section 70022. (c) A recipient of a scholarship award under this article who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the Commission on Teacher Credentialing, is eligible for, but not entitled to, renewal of the scholarship award for an additional academic year of full-time attendance as long as the student meets the requirements of Section 70022. (Amended by Stats. 2016, Ch. 438, Sec. 6. (SB 1314) Effective January 1, 2017.)
  44. 70023.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. )

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    This section directs the commission to calculate scholarship funding, coordinate data sharing, and allows the commission to adopt and implement regulations for the Middle Class Scholarship Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] ( Article 22 added by Stats. 2013, Ch. 50, Sec. 2. ) ## 70023. (a) For each academic year, the commission shall determine an amount sufficient, when combined with other federal, state, or institutionally administered student scholarships, grants, or fee waivers received by eligible students from other sources, to provide scholarships to eligible students in the amounts described in paragraphs (2), (4), and (5) of subdivision (a) of Section 70022. The University of California, the California State University, and the office of the Chancellor of the California Community Colleges shall provide the commission with any financial aid data that are necessary to determine these amounts. (b) (1) The commission shall annually determine if the amounts appropriated under this section in each fiscal year are sufficient to cover the costs of the scholarships projected to be awarded pursuant to the program. If those amounts are not sufficient for this purpose, the scholarships shall be reduced proportionately by an equal percentage for all recipients of scholarships under this article. Commencing with the 2023–24 academic year, this reduction shall not apply to a scholarship award under this article for current or former foster youth described in subparagraph (D) of paragraph (5) of subdivision (a) of Section 70022. (2) Notwithstanding paragraph (1), commencing with the 2022–23 academic year, for any student who qualifies for a scholarship award under this article of at least one dollar ($1), the minimum annual scholarship amount for full-time enrollment shall be ninety dollars ($90). (c) (1) Each institution participating in the scholarship program under this article shall sign an institutional participation agreement with the commission acknowledging the institution’s willingness to administer the scholarship program pursuant to this article, Title 5 of the California Code of Regulations, and guidance developed by the commission. The institutional participation agreement shall be developed through collaboration and consultation between the commission and the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. (2) The commission may adopt regulations necessary to carry out the purposes of this article under subdivision (b) as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than 180 days unless the commission complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. (d) The unencumbered balance, as of June 30 of each fiscal year, of the amount appropriated from the Middle Class Scholarship Fund pursuant to paragraph (1) of subdivision (e) shall revert to the General Fund. (e) (1) Upon order of the Director of Finance, the following amounts shall be transferred from the General Fund to the Middle Class Scholarship Fund, and are hereby appropriated to the commission for allocation pursuant to this article: (A) For the 2014–15 fiscal year, one hundred seven million dollars ($107,000,000). (B) For the 2015–16 fiscal year, eighty-two million dollars ($82,000,000). (C) For the 2016–17 fiscal year, seventy-one million two hundred forty-four thousand dollars ($71,244,000). (D) For the 2017–18 fiscal year, ninety-nine million nine hundred thirty-eight thousand dollars ($99,938,000). (E) For the 2018–19 fiscal year, one hundred four million three hundred forty-five thousand dollars ($104,345,000). (F) For the 2019–20 fiscal year, one hundred sixteen million five hundred fifty-seven thousand dollars ($116,557,000). (G) For the 2020–21 fiscal year, one hundred fourteen million one hundred seventy-one thousand dollars ($114,171,000). (H) For the 2021–22 fiscal year, one hundred nine million nine hundred sixty-one thousand dollars ($109,961,000). (2) An annual appropriation to the commission is hereby established in the amounts and for the fiscal years described in paragraph (1) to carry out the purposes of this section and Section 70022. (3) Commencing with the 2022–23 fiscal year, the annual appropriation to the commission to carry out the purposes of this section and Section 70022 shall be determined in the annual Budget Act. (4) It is the intent of the Legislature that any savings realized from changes made to the allocations under this subdivision by a bill providing for appropriations related to the Budget Bill for the 2015–16 fiscal year shall be used to support higher education. (5) The funds transferred and appropriated pursuant to paragraph (1) shall only be available for encumbrance in the fiscal year in which they are transferred, and the General Fund shall have no liability or any obligation beyond the transfers explicitly authorized in paragraph (1) unless a subsequent transfer or allocation is required pursuant to statute. (6) In any fiscal year, additional appropriations may be enacted pursuant to statute to carry out the purposes of this article. (7) (A) Beginning with the Governor’s Budget proposal for the 2014–15 fiscal year, and in the Governor’s Budget proposal for each fiscal year thereafter, the Department of Finance shall include a fund condition statement for the Middle Class Scholarship Fund for the fiscal year of the proposed budget and the two immediately preceding fiscal years prepared in accordance with existing law. (B) Upon order of the Director of Finance and for the 2013–14 to 2021–22 fiscal years, inclusive, if the May Revision projects a budget deficit for the next fiscal year, the amount specified in paragraph (1) for the fiscal year for which the budget deficit is projected may be reduced by up to 33 percent. (f) Subject to an appropriation in the annual Budget Act for its purposes, the commission may begin implementation of, and establish outreach services relating to, this article. (g) The commission may adopt regulations it deems necessary for the implementation of this article. If the commission adopts regulations pursuant to this subdivision, the regulations may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (Amended by Stats. 2025, Ch. 745, Sec. 4. (SB 148) Effective October 13, 2025.)
  45. 7003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

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    This section says the article should not be read to impair existing contracts or rules for retired certificated personnel, conflict with COBRA benefits, or require life insurance or vision care.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7003. (a) Nothing in this article shall be construed as requiring or permitting the impairment of any contract, board rule, or regulation affecting retired certificated personnel, in existence on the effective date of this article. (b) Nothing in this article is intended to reduce or conflict with any benefit provided in the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (Public Law 99-272). (c) Nothing in this article mandates the provision of life insurance or vision care. (Amended by Stats. 1986, Ch. 561, Sec. 7. Effective August 25, 1986.)
  46. 70030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    This section names the California DREAM Loan Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70030. This article shall be known, and may be cited, as the California DREAM Loan Program. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.)
  47. 70031.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    This section establishes the California DREAM Loan Program, also called the DREAM Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70031. The California DREAM Loan Program, which may also be referred to as the DREAM Program, is hereby established. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.)
  48. 70032.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    This section defines terms used in the California DREAM Loan Program and lets a participating institution adopt rules for “satisfactory academic progress” consistent with federal standards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70032. As used in this article, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The start date of a session shall determine the academic year in which it is included. (b) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. (c) “Commission” means the Student Aid Commission. (d) “Cost of attendance” means the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs. (e) “Enrollment status” means part-time status or full-time status of a student at a qualifying institution. (f) “Expected family contribution” means a student’s expected family contribution calculated, pursuant to subdivision (a) of Section 69506, according to the federal methodology (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)). (g) “Financial need” means a student’s financial need calculated pursuant to the federal financial need methodology (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)). (h) “Graduate program” means a program of study leading to a graduate or professional degree, including, but not limited to, a teaching credential, the prerequisite for which is a baccalaureate degree or undergraduate degree. (i) “Grant-eligible student” means a student who has applied for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, known as the Dream Act Application and has been previously awarded a Cal Grant, Middle Class Scholarship, or institutional need-based financial aid. (j) “Instructional program” means a program of study that results in the award of a baccalaureate degree or undergraduate certificate, or undergraduate coursework in a program of study leading directly to a first professional degree for which no baccalaureate degree or undergraduate degree is awarded. (k) “Participating institution” means any campus of the California State University or the University of California that elects to participate in the DREAM Program pursuant to the requirements specified for a qualifying institution as set forth in this article. (l) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. A participating institution may adopt regulations defining “satisfactory academic progress” in a manner that duplicates those federal standards, provided that, to the extent consistent with applicable federal standards, the regulations adopted by the participating institution provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution. The institution may consider this extenuating circumstance, in its discretion, to the extent consistent with federal standards, to alter or excuse compliance with those progress requirements. (Amended by Stats. 2023, Ch. 622, Sec. 1. (SB 633) Effective January 1, 2024.)
  49. 70033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

    Verify source ↗

    A student at a participating institution may receive a DREAM Program loan if all listed eligibility requirements are met, and the commission and institution must verify and certify eligibility before an award is issued.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70033. (a) Commencing with the 2015–16 academic year, a student attending a participating institution may receive a loan under the DREAM Program if the student satisfies all of the following requirements: (1) The student is exempt from paying nonresident tuition under Section 68130.5, or meets equivalent requirements adopted by the Regents of the University of California. (2) The student applies for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, known as the Dream Act Application. (3) The student is enrolled at least half time in good standing in one of the following programs at a participating institution: (A) An instructional program. (B) Commencing with the 2020–21 academic year, a graduate program. (4) The student is determined by the participating institution to have financial need. (5) The student maintains satisfactory academic progress at the participating institution. (6) The student is not incarcerated. (7) The student is not in default on any federal student loan, state student loan, or student loan issued by the California State University or the University of California. (8) The student is enrolled in one of the following programs: (A) A program eligible for participation in the Cal Grant Program. (B) Commencing with the 2020–21 academic year, a state-supported graduate or professional degree program. (b) (1) The commission or the participating institution shall require the student to affirm in writing that the student satisfies the requirements of paragraph (7) of subdivision (a). (2) A student seeking an award shall authorize the commission to access any information pertinent to certify that the student meets the requirements of subdivision (a). (c) The commission, in collaboration with the participating institution, shall certify that the student satisfies all of the requirements specified in subdivision (a) before the participating institution may issue an award to the student pursuant to this article. (d) The Legislature finds and declares that this article is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (Amended by Stats. 2019, Ch. 526, Sec. 2. (SB 354) Effective January 1, 2020.)
  50. 70034.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

    Verify source ↗

    This section sets DREAM loan limits, repayment rules, and required institution procedures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70034. (a) The amount of a DREAM loan offered to an individual student by a participating institution shall be determined by the institution, subject to the following provisions: (1) The loan may not exceed the financial need of the student. (2) (A) A student who is enrolled in an undergraduate program may not borrow more than four thousand dollars ($4,000) under this program within a single academic year. (B) A student who is enrolled in a graduate program may not borrow more than twenty thousand five hundred dollars ($20,500) under this program within a single academic year. (3) (A) A student who is enrolled in an undergraduate program may not borrow, as an undergraduate student, more than twenty thousand dollars ($20,000) in the aggregate under the program. (B) A student who is enrolled in a graduate program may not borrow, as a graduate student, more than one hundred eighteen thousand five hundred dollars ($118,500) in the aggregate under the program. (C) A student may not borrow more than one hundred thirty-eight thousand five hundred dollars ($138,500) in the aggregate under the program, consistent with the limitations specified in subparagraphs (A) and (B). (4) The proportion of program funding used for instructional programs and for graduate programs shall be determined at the discretion of the participating institution. Priority shall be given to loans for instructional programs. (b) The interest rate for loans issued under the program shall be the same as the then-current interest rate for undergraduate loans under the William D. Ford Federal Direct Loan Program (20 U.S.C. Sec. 1087a et seq.). (c) Except as provided in subdivision (d), the standard repayment term for a DREAM loan shall be 10 years. Repayment shall commence following a six-month grace period that begins when a student graduates or ceases to maintain at least half-time enrollment in a degree or certificate program. (d) On or before January 1, 2020, a participating institution shall adopt procedures allowing a borrower to select an income-based repayment plan for the repayment of a DREAM loan, in accordance with the standards set forth in the William D. Ford Federal Direct Loan Program for income-based repayment plans. (e) Interest shall not accrue on a DREAM loan during periods of at least half-time enrollment in a degree or certificate program or during the six-month grace period specified in subdivision (c). (f) Eligibility for deferment, discharge, or forbearance of a DREAM loan shall be determined by the participating institution in accordance with the standards set forth in the William D. Ford Federal Direct Loan Program. (g) On or before January 1, 2024, a participating institution shall establish loan forgiveness options for borrowers who receive a DREAM loan with similar standards as those set forth in the Federal Perkins Loan Program. (h) (1) A borrower shall qualify for administrative relief consistent with the standards set forth in the Federal Direct Loan Program during periods of national emergency declared by the President of the United States. (2) A borrower shall qualify for any state of emergency administrative forbearance on student loans that is provided by the Governor by executive order or the participating institution. (3) A borrower shall be granted administrative relief for 90 days if the borrower lives or works where a natural disaster has occurred upon notification by the borrower, a member of the borrower’s family, or another reliable source that the borrower has been affected by the natural disaster. (i) Participating institutions shall use a common promissory note, approved by the Treasurer, to issue DREAM loans. (Amended by Stats. 2025, Ch. 702, Sec. 1. (AB 681) Effective January 1, 2026.)
  51. 70035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    Participating institutions must deposit and manage DREAM Program funds in revolving funds, keep required contribution levels, continue loan servicing after termination, and file annual reports.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70035. (a) It is the intent of the Legislature that, each fiscal year, funds shall be appropriated in the annual Budget Act to participating institutions for purposes of the DREAM Program. (b) The annual Budget Act shall allocate funding to participating institutions based on the number of eligible students attending the institution who applied for student financial aid pursuant to Section 69508.5 the prior academic year. (c) (1) Each participating institution shall deposit funds appropriated pursuant to subdivision (a) in a DREAM revolving fund established by each institution, subject to subdivision (e). DREAM loans shall be awarded from, and DREAM loan repayments shall be deposited into, these revolving funds. (2) In accordance with subdivision (d), participating institutions shall make DREAM loan repayment revenue available to offset state and institutional contributions to the DREAM loan program so that, as much as practicable, the respective annual costs to the state and to participating institutions shall be reduced equally. (d) At the start of each academic year, before DREAM loans for that academic year are awarded, each participating institution shall contribute discretionary funds into its DREAM revolving fund so that the sum of the institution’s contribution of funds and the institution’s share of DREAM loan repayments equals or exceeds 50 percent of all funds in the institution’s DREAM revolving fund for each year of an institution’s participation. (e) A participating institution shall not receive any additional state funds if the receipt of these funds would reduce the percentage of the DREAM revolving fund derived from the sum of the institution’s contribution of funds and DREAM loan repayments to less than the specified percentage of all funds in the institution’s DREAM revolving fund as described in subdivision (d). (f) (1) In the event that an institution terminates its participation in the DREAM Program, the institution shall continue to service DREAM loans, collect DREAM loan repayments, and perform all due diligence required by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) until the last students at that institution issued loans under the DREAM Program before the institution terminated its participation have repaid their loans. (2) An institution described in paragraph (1) that terminates its participation in the DREAM Program shall annually repay all funds provided by the state as the institution collects DREAM loan repayments. (g) (1) The California State University and the University of California shall annually report to the Legislature as part of their respective annual financial aid reports the dollar amount of each DREAM loan awarded and number of students for whom a DREAM loan was awarded that academic year. (2) Each institution, including an institution described in subdivision (f), shall annually report all of the following: (A) The total amount of funding in the institution’s DREAM revolving fund. (B) The annual amount contributed by the state to the institution’s DREAM revolving fund. (C) The annual amount contributed by the institution to the institution’s DREAM revolving fund. (D) The annual administrative costs of the DREAM Program at the institution. (E) The annual amount contributed by DREAM loan repayments to the institution’s DREAM revolving fund. (F) The annual amount of DREAM loans issued by campus. (G) The annual amount of remaining DREAM loan debt owed by borrowers. (H) The number of borrowers in DREAM loan income-driven repayment, deferment, discharge, forbearance, and loan forgiveness at the end of each fiscal year. (I) Borrower demographic information, which shall include, but is not limited to, age, gender, race, ethnicity, completed education level, and family education level. (Amended by Stats. 2022, Ch. 484, Sec. 3. (AB 2004) Effective January 1, 2023.)
  52. 70035.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    This section establishes the DREAM grant program and lets eligible students receive grants from participating institutions, subject to the section’s conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70035.5. (a) It is the intent of the Legislature to establish the DREAM grant program. (b) Commencing with the 2024–25 academic year, a grant-eligible student attending a participating institution may receive a DREAM grant pursuant to this section. (c) Each participating institution may award DREAM grants to grant-eligible students if that institution has unawarded funds in the institution’s DREAM revolving fund that were new state, institutional matching, or loan repayment funds deposited during the previous academic year pursuant to Section 70035. (d) DREAM grants shall be provided during the academic year immediately following the academic year in which there was an unawarded DREAM revolving fund balance. (e) In a given academic year, a DREAM grant shall not exceed a student’s financial need. (f) The amount of a DREAM grant offered to an individual student by a participating institution shall be determined by the institution. Priority shall be given to DREAM grants for instructional programs. (g) A DREAM grant awarded pursuant to this section shall not count towards the annual and aggregate borrowing limits described in subdivision (a) of Section 70034. (Added by Stats. 2023, Ch. 622, Sec. 2. (SB 633) Effective January 1, 2024.)
  53. 70036.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

    Verify source ↗

    Participating institutions must handle DREAM loan administration, counseling, servicing, repayment collection, website posting, recordkeeping, and grant awards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70036. Each participating institution is responsible for all the following: (a) The participating institution shall determine a student’s eligibility for a DREAM loan. (b) The participating institution shall award DREAM loan funds to students. (c) The participating institution shall provide entrance and exit loan counseling to borrowers that is generally comparable to that required by federal student loan programs. Exit loan counseling shall include, but is not limited to, information about DREAM loan repayment, including repayment options, forbearance, deferment, discharge, and forgiveness. (d) The participating institution shall service DREAM loans, collect DREAM loan repayments, and perform all of the due diligence required by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (e) The participating institution shall establish mechanisms for recording the annual amount of the DREAM loan borrowed by each recipient, and the aggregate amount of DREAM loans borrowed by each recipient, in order to comply with the annual and aggregate borrowing limits set forth in Section 70034. (f) The participating institution shall post information about the DREAM loan on the institution’s internet website. That information shall include, but is not limited to, DREAM loan eligibility requirements, DREAM loan interest rates for the past five years, how to apply for and accept a DREAM loan, and information about DREAM loan repayment, including repayment options, forbearance, deferment, discharge, and forgiveness. The participating institution shall update its internet website to include information about administrative relief granted to borrowers. (g) The participating institution shall award DREAM grants to grant-eligible students. (Amended by Stats. 2023, Ch. 622, Sec. 3. (SB 633) Effective January 1, 2024.)
  54. 70037.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    The CSU Trustees and UC Regents must adopt regulations to withhold certain institutional services from students or former students who are in DREAM Program loan default and have been notified in writing.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70037. (a) The Trustees of the California State University and the Regents of the University of California shall adopt regulations providing for the withholding of institutional services from a student or former student who has been notified in writing at the student’s or former student’s last known address that he or she is in default on a loan or loans under the DREAM Program. (b) The regulations adopted pursuant to subdivision (a) shall provide that the services withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to either the Trustees of the California State University or the Regents of the University of California, as applicable, that reasonable progress has been made to repay the loan or that there exists a reasonable justification for the delay as determined by the institution. The regulations shall specify the services to be withheld from the student, which may include, but are not limited to, the following: (1) The provision of grades. (2) The provision of transcripts. (3) The provision of diplomas. (c) “Default,” for purposes of this section, means the failure of a borrower to make an installment payment when due, or to meet other terms of the promissory note if the institution holding the loan finds it reasonable to conclude that the borrower no longer intends to honor the obligation to repay, provided that this failure persists for 180 days for a loan repayable in monthly installments, or 240 days for a loan repayable in less frequent installments. (d) This section does not impose any requirement upon the University of California unless the Regents of the University of California, by resolution, makes this section applicable. (Amended by Stats. 2016, Ch. 86, Sec. 71. (SB 1171) Effective January 1, 2017.)
  55. 70038.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    Participating institutions can get an administrative cost allowance if they advance DREAM Program funds to students, must use it to cover program administration, and may charge it to the DREAM revolving fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70038. (a) Each participating institution is entitled to an administrative cost allowance for an award year if the institution elects to advance funds under the DREAM Program to students for that award year. (b) The amount of the administrative cost allowance described in subdivision (a) shall equal 5 percent of the institution’s total amount of DREAM loan funds awarded to students for the award year that the participating institution advances funds to students under the DREAM Program. (c) Each participating institution may charge its administrative cost allowance to its DREAM revolving fund. (d) Each participating institution shall use its administrative cost allowance to offset the cost of administering the DREAM Program. (e) Each participating institution is responsible for administrative costs that exceed its administrative cost allowance. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.)
  56. 70039.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. )

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    If a state court finds certain loan provisions unlawful, it may order the participating institution to end loans made under them, but no money damages or other retroactive relief may be awarded.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 23. California DREAM Loan Program [70030 - 70039] ( Article 23 added by Stats. 2014, Ch. 754, Sec. 3. ) ## 70039. If a state court finds that Section 70033, or any similar provision adopted by the Regents of the University of California, is unlawful, the court may order, as equitable relief, that the participating institution subject to the lawsuit terminate all loans awarded pursuant to that statute or provision deemed unlawful by a state court, but no money damages, loans, or other retroactive relief, may be awarded. In an action in which a state court finds that Section 70033 or any similar provision adopted by the Regents of the University of California, is unlawful, the California State University and the University of California shall be immune from the imposition of any award of money damages, loans, or other retroactive relief. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.)
  57. 7004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    This section defines three terms used in the article: “certificated employee,” “school district,” and “spouse.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7004. As used in this article: (a) “Certificated employee” means a member, as defined by Section 22146, of the State Teachers’ Retirement System. (b) “School district” means that district from which the member of the State Teachers’ Retirement System last made contributions to the system before retirement. (c) “Spouse” means a spouse as defined by Section 22171. (Amended by Stats. 2004, Ch. 896, Sec. 5. Effective September 29, 2004.)
  58. 70045.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. )

    Verify source ↗

    This section says the act is called the California Ban on Scholarship Displacement Act of 2021 and may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. ) ## 70045. This act shall be known, and may be cited, as the California Ban on Scholarship Displacement Act of 2021. (Added by Stats. 2022, Ch. 925, Sec. 1. (AB 288) Effective January 1, 2023.)
  59. 70046.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. )

    Verify source ↗

    The Legislature says private scholarships should supplement, not replace, institution aid for California students with financial need.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. ) ## 70046. The Legislature finds and declares both of the following: (a) As of 2020, California students who have financial need and receive private scholarships are unable to make full use of the awards provided to them by private scholarship providers because institutions of higher education reduce their gift aid, grants, scholarships, tuition waivers, and fellowship stipends that those students would otherwise be qualified to receive. The reduction of an institution’s financial aid due to private scholarships is referred to as “scholarship displacement.” (b) This act is intended to ensure that private scholarships supplement, and do not supplant, gift aid, grants, scholarships, tuition waivers, and fellowship stipends provided by institutions of higher education to California students who have financial need. (Added by Stats. 2022, Ch. 925, Sec. 1. (AB 288) Effective January 1, 2023.)
  60. 70047.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the scholarship displacement article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. ) ## 70047. As used in this article, unless the context requires otherwise, the following definitions apply: (a) An “academic year” is July 1 to June 30, inclusive. The start date of a session shall determine the academic year in which it is included. (b) “Cost of attendance” means the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of student aid programs under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (c) “Expected family contribution” means a student’s expected family contribution calculated according to the federal methodology pursuant to subdivision (a) of Section 69506 as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (d) (1) “Financial need” means, as used in subdivision (a) of Section 70048, the cost of attendance minus the expected family contribution. (2) “Financial need” means, as used in subdivision (b) of Section 70048, the cost of attendance minus the student aid index. (e) “Gift aid” means all financial aid designated for the student’s educational expenses, including a grant, scholarship, tuition waiver, fellowship stipend, or other third-party payment, that is not a loan or pursuant to a work-study program. (f) “Institutional gift aid” means gift aid that is paid for by the institution of higher education from its funds and the recipient of the aid is selected by the institution. (g) “Institution of higher education” or “institution” means any public or private postsecondary educational institution in the state that receives, or benefits from, state-funded financial assistance or enrolls students who receive state-funded student financial assistance. (h) “Private scholarship” means financial assistance awarded to students based on one or more factors, including, but not limited to, academic merit, talent, or a particular area of study, by a private company, foundation, or nonprofit organization, or a public charity or service group. A federal, state, or institutional scholarship, including, but not limited to, financial aid provided by the Middle Class Scholarship Program established by Article 22 (commencing with Section 70020), shall not be considered a private scholarship. (i) “Scholarship displacement” means the reduction of institutional gift aid due to private scholarship awards. (j) “Student” means any California resident that enrolls in any institution of higher education to obtain an undergraduate degree. (k) “Student Aid Index” means, with respect to a student, an index that reflects an evaluation of a student’s approximate financial resources to contribute toward the student’s postsecondary education expenses for the academic year. (Amended by Stats. 2024, Ch. 851, Sec. 1. (AB 3240) Effective January 1, 2025.)
  61. 70048.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. )

    Verify source ↗

    An institution of higher education generally may not reduce a qualifying student’s institutional gift aid because of private scholarships, unless the student’s gift aid is above the student’s annual cost of attendance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] ( Article 24 added by Stats. 2022, Ch. 925, Sec. 1. ) ## 70048. (a) An institution of higher education shall not reduce the institutional gift aid offer of a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act for an academic year as a result of private scholarship awards designated for the student unless the student’s gift aid exceeds the student’s annual cost of attendance. (b) The institution may reduce the institutional gift aid offer of a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act by no more than the amount of the student’s gift aid that is in excess of the student’s annual cost of attendance. (c) The institution shall not consider receipt or anticipated receipt of private scholarships when considering a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act for qualification for institutional gift aid. (d) To ensure financial aid is maximized, an institution is encouraged to implement efforts to avoid scholarship displacement through consultation with scholarship providers and students to avoid situations where institutional gift aid and private scholarships can only be used for specific purposes. (e) This article shall not be interpreted or implemented in a manner inconsistent with state or federal law. The provisions of this article are severable. If any provision of this article or its application is held invalid due to a conflict with federal requirements, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This section shall become operative on July 1, 2025. (Repealed (in Sec. 2) and added by Stats. 2024, Ch. 851, Sec. 3. (AB 3240) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  62. 7005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    This article does not apply to certain people and employers connected to the Public Employees’ Medical and Hospital Care Act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7005. This article does not apply to persons receiving benefits pursuant to the Public Employees’ Medical and Hospital Care Act (Chapter 1 (commencing with Section 22750) of Part 5 of Division 5 of Title 2 of the Government Code) and to the employers on which their benefits are based. For purposes of this section, “employer” means a county superintendent of schools, a school district, or a community college district irrespective of whether employees may be represented by different bargaining groups. Notwithstanding any other provision of this part, this article does not apply to employers for those groups of employees for whom coverage under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code) is provided by contract. (Amended by Stats. 2004, Ch. 69, Sec. 1. Effective June 24, 2004.)
  63. 7007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    A qualified organization may work with the Public Employees’ Retirement System to develop a health benefits plan, and the plan may be offered optionally to certain school agencies that become contracting agencies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7007. (a) Any qualified organization, as defined in subdivision (b), in cooperation with the Public Employees’ Retirement System, may develop a health benefits plan which would be available to persons who are members of those organizations, with equal premiums for both active and retired teachers. The plan would be available, on an optional basis, to each school district, county board of education, and a county superintendent of schools which becomes a contracting agency with the Public Employees’ Retirement System pursuant to Section 22857 of the Government Code. (b) “Qualified organization” means an exclusive representative of the certificated or classified employees, as defined by Section 3540.1 of the Government Code, or any organization with a membership of at least 1,000 members who are retirees of the State Teachers’ Retirement System, or any organization with a membership of at least 1,000 members who are faculty members in the California Community Colleges. (c) This section shall not apply to any contracting agency unless and until the agency elects to be subject to this section pursuant to Section 22857 of the Government Code. (Amended by Stats. 2004, Ch. 896, Sec. 6. Effective September 29, 2004.)
  64. 7008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. )

    Verify source ↗

    Certain disabled members and specified public employees may keep health and dental coverage by paying the full premiums and related administrative costs, unless the school-district/PERS exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Health and Welfare Benefits [7000 - 7008] ( Article 1 added by Stats. 1985, Ch. 991, Sec. 1. ) ## 7008. (a) Notwithstanding any other provision of law, a member of the Defined Benefit Program of the State Teachers’ Retirement Plan who is disabled as a result of an injury that is a direct consequence of a violent act perpetrated on his or her person while performing duties in the scope of employment, and the employment is creditable under the provisions of the Teachers’ Retirement Law (Part 13 (commencing with Section 22000)), may, upon qualifying for a disability under Section 24001 and while receiving an allowance under Section 24002, continue in the district’s health care plan and dental care plan by paying all of the employer’s and employee’s premiums and all of the related administrative costs of the employer. (b) Notwithstanding any other provision of law, a school member as defined in Section 20370 of the Government Code, or a local police officer as defined in Section 20430 of the Government Code, who is disabled as a result of an injury that is a direct consequence of a violent act perpetrated on his or her person while performing duties in the scope of employment, and the employment is creditable under the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code), may, upon qualifying for a disability and while receiving an allowance under Chapter 12 (commencing with Section 21060) of Part 3 of Division 5 of Title 2 of the Government Code, continue in the employer’s health care plan and dental care plan by paying all of the employer’s and employee’s premiums and all of the related administrative costs of the employer. (c) Subdivisions (a) and (b) do not apply to any member who is employed by a school district that contracts with the Public Employees’ Retirement System for health care coverage under the Public Employees’ Medical and Health Care Act, (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 2004, Ch. 69, Sec. 2. Effective June 24, 2004.)
  65. 70100.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    This section explains the Legislature’s findings and intent behind SNAPLE and defines “commission” as the Student Aid Commission.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70100. (a) The Legislature hereby recognizes the growing need for new faculty members in the nursing field at California’s colleges and universities. This need will be fueled largely by the large number of current faculty approaching retirement age who will need to be replaced and the expected growth in enrollment demand in California. Further, to increase the supply of nurses in California, there must be an expansion of nursing educator opportunities in public colleges and universities that will produce the necessary faculty to teach in nursing programs in the state. (b) The Legislature finds that the rising costs of higher education, coupled with a shift in available financial aid from scholarships and grants to loans, make loan repayment options an important consideration in a student’s decision to pursue a graduate degree in nursing education or in a field related to nursing. (c) It is the intent of the Legislature that the State Nursing Assumption Program of Loans for Education (SNAPLE) be designed to encourage persons to complete their graduate educations and serve as nursing faculty in a registered nursing program at an accredited California college or university. (d) As used in this article, “commission” means the Student Aid Commission. (Added by renumbering Section 69616 by Stats. 2006, Ch. 837, Sec. 4. Effective January 1, 2007.)
  66. 70101.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    This section sets eligibility rules for a nursing loan assumption program and requires accepted participants to meet education, residency, service, enrollment, and other conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70101. (a) Program participants shall meet all of the following eligibility criteria prior to selection into the program, and shall continue to meet these criteria, as appropriate, during the payment periods: (1) The participant shall be a United States citizen or eligible noncitizen. (2) The participant shall be a California resident who, at a minimum, possesses a baccalaureate degree in nursing or a field related to nursing. (3) The participant shall have complied with United States Selective Service requirements. (4) The participant shall not owe a refund on any state or federal educational grant or have delinquent or defaulted student loans. (b) (1) Any person who has obtained a baccalaureate or graduate degree from an institution of postsecondary education, and who is participating in the loan assumption program set forth in this article, may be eligible to receive a conditional loan assumption agreement, to be redeemed pursuant to this chapter upon meeting the criteria of Section 70102. (2) A person who is currently teaching nursing at a regionally accredited California college or university is not eligible to enter into an agreement for loan assumption under this article. (c) (1) The commission shall award loan assumption agreements to either of the following applicants who otherwise meet the eligibility criteria of this section: (A) An applicant who has been admitted to or enrolled in an academic program leading to a graduate level degree and demonstrates academic ability. (B) An applicant with a baccalaureate, or baccalaureate and graduate degrees. (2) (A) An applicant who is pursuing a graduate degree shall be enrolled on at least a half-time basis each academic term as defined by an eligible institution and shall agree to maintain satisfactory academic progress. (B) Except as provided in subparagraph (C), if a program participant fails to maintain half-time enrollment as required by this article, under the terms of the agreement pursuant to subparagraph (A), the loan assumption agreement shall be deemed invalid. The participant shall retain full liability for all student loan obligations. The participant is excused from the half-time enrollment requirement if the student is in his or her final term in school and has no additional coursework required to obtain his or her graduate degree in nursing or a field related to nursing. (C) Notwithstanding subparagraph (B), a program participant shall be excused from the half-time enrollment requirement for a period not to exceed one calendar year, unless approved by the commission for a longer period, if a program participant becomes unable to maintain half-time enrollment due to any of the following: (i) Serious illness, pregnancy, or other natural causes. (ii) The participant is called to military active duty status. (iii) A natural disaster prevents the participant from maintaining half-time enrollment due to the interruption of instruction at the eligible institution. (3) The applicant shall have been judged by his or her postsecondary institution or employer, whichever is applicable, to have outstanding ability on the basis of criteria that may include, but need not be limited to, any of the following: (A) Grade point average. (B) Test scores. (C) Faculty evaluations. (D) Interviews. (E) Other recommendations. (4) The applicant shall have received, or be approved to receive, a loan under one or more of the following designated loan programs: (A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.). (B) The Federal Direct Loan Program. (C) Any loan program approved by the commission. (5) (A) The applicant shall have agreed to teach nursing on a full-time basis at one or more regionally accredited California colleges or universities for at least three years, or on a part-time basis for the equivalent of three full-time academic years, commencing not more than 12 months after obtaining an academic degree, unless the applicant, within 12 months after obtaining the academic degree, enrolls in an academic degree program leading to a more advanced degree in nursing or a field related to nursing. (B) A participant who possesses a baccalaureate or graduate degree at the time of application to the program shall agree to teach nursing on a full-time or part-time basis commencing not more than 12 months after receiving a loan assumption award. (6) An applicant who teaches on less than a full-time basis may participate in the program, but is not eligible for loan repayment until that person teaches for the equivalent of a full-time academic year. (d) A person participating in the program pursuant to this section shall not receive more than one loan assumption agreement, and shall not be eligible to receive a grant pursuant to Article 3.51 (commencing with Section 78260) of Chapter 2 of Part 48. (Amended by Stats. 2009, Ch. 187, Sec. 5. (SB 511) Effective January 1, 2010.)
  67. 70102.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission must start loan assumption payments once it verifies the participant has met the listed education, teaching, and agreement requirements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70102. The commission shall commence loan assumption payments pursuant to this article upon verification that the participant has fulfilled all of the following: (a) The participant has received a baccalaureate degree or a graduate degree from an accredited, participating institution. (b) The participant has provided the equivalent of full-time nursing instruction at one or more regionally accredited California colleges or universities for one academic year or the equivalent. (c) The participant has met the requirements of the loan assumption agreement and all other conditions of this article. (Amended by Stats. 2008, Ch. 183, Sec. 2. Effective January 1, 2009.)
  68. 70103.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission must assume certain loan liabilities for a program participant after specified periods of full-time teaching nursing studies, and it may also assume liability for loans used for undergraduate and graduate degree costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70103. The terms of the loan assumptions granted under this article shall be as follows, subject to the specific terms of each loan assumption agreement: (a) After a program participant has completed one academic year, or the equivalent, of full-time teaching nursing studies at one or more regionally accredited, eligible California colleges or universities, pursuant to Section 70102, the commission shall assume up to eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs. (b) After the program participant has completed two consecutive academic years, or the equivalent, of full-time teaching at one or more regionally accredited California colleges or universities, pursuant to Section 70102, the commission shall assume up to an additional eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to sixteen thousand six hundred sixty-six dollars ($16,666). (c) After a program participant has completed three consecutive academic years, or the equivalent of full-time teaching, at one or more regionally accredited California colleges or universities, pursuant to Section 70102, the commission shall assume up to an additional eight thousand three hundred thirty-four dollars ($8,334) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to twenty-five thousand dollars ($25,000). (d) The commission may assume liability for loans received by the program participant to pay for the costs of obtaining the program participant’s undergraduate and graduate degrees. (e) The term of the loan assumption agreement shall be not more than 10 years from the date on which the agreement was executed by the program participant and the commission. (Amended by Stats. 2008, Ch. 183, Sec. 3. Effective January 1, 2009.)
  69. 70104.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    If a participant does not complete the required teaching service, the commission stops further loan assumption payments and the agreement ends; certain hardship and disaster cases allow an extension.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70104. (a) Except as provided in subdivisions (b) and (c), if a program participant fails to complete a minimum of three academic years of teaching on a full-time basis or the equivalent on a part-time basis, as required by this article under the terms of the agreement pursuant to paragraph (5) of subdivision (c) of Section 70101, the loan assumption agreement is no longer effective and shall be deemed terminated, and the commission shall not make any further payments. The participant shall retain responsibility for any remaining loan obligations, but shall not be required to repay any loan payments previously made through this program. (b) Notwithstanding subdivision (a), if a program participant becomes unable to complete one of the three years of teaching service on a full-time basis, or the equivalent on a part-time basis, due to a serious illness, pregnancy, or other natural causes, or due to being called to military active duty status, the term of the loan assumption agreement shall be extended for a period not to exceed one academic year, unless extended by the commission on a case-by-case basis. The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 70103 have been satisfied. (c) Notwithstanding subdivision (a), if a natural disaster prevents a program participant from completing one of the required years of teaching service due to the interruption of instruction at the employing regionally accredited California college or university, the term of the loan assumption agreement shall be extended for the period of time equal to the period from the interruption of instruction at the employing regionally accredited California college or university to the resumption of instruction. The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 70103 have been satisfied. (Amended by Stats. 2009, Ch. 187, Sec. 6. (SB 511) Effective January 1, 2010.)
  70. 70105.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission must accept nominations from accredited colleges and universities and may create additional selection criteria consistent with the article’s purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70105. (a) The commission shall accept nominations from accredited colleges and universities made pursuant to this article. (b) The commission shall choose from among those nominations of graduate students and applicants who have completed their baccalaureate or graduate degrees with outstanding student loans, based upon criteria that may include, but are not necessarily limited to, all of the following: (1) Grades at the undergraduate level in a subject field related to nursing. (2) Grades in the undergraduate program. (3) Aptitude for graduate work in the field of nursing. (4) General aptitude for graduate study. (5) Critical human resource needs. (c) The commission may develop additional criteria for the selection of award recipients consistent with the purposes of this article. (Amended by Stats. 2008, Ch. 183, Sec. 5. Effective January 1, 2009.)
  71. 70106.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission must administer this article and adopt rules and regulations for it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70106. (a) The commission shall administer this article, and shall adopt rules and regulations for that purpose. The rules and regulations shall include, but need not be limited to, provisions regarding the period of time for which a loan assumption agreement shall remain valid and the development of projections for funding purposes. In developing these rules and regulations, the commission shall solicit the advice of representatives from postsecondary education institutions, the Office of Statewide Health Planning and Development, and the nursing community. (b) If this article is amended and the commission deems it necessary to adopt a rule or regulation to implement that amendment, the commission shall develop and adopt that rule or regulation no later than 12 months after the operative date of the statute that amends the article. (Amended by Stats. 2008, Ch. 183, Sec. 6. Effective January 1, 2009.)
  72. 70107.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission must develop a streamlined application process for participation in the program in this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70107. The commission shall work to develop a streamlined application process for participation in the program set forth in this article. (Added by renumbering Section 69616.7 by Stats. 2006, Ch. 837, Sec. 11. Effective January 1, 2007.)
  73. 70109.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The commission may award only as many warrants in a fiscal year as the Governor and Legislature authorize in the annual Budget Act for that year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70109. Notwithstanding any other law, in any fiscal year, the commission shall award no more than the number of warrants that are authorized by the Governor and the Legislature in the annual Budget Act for that year for the assumption of loans pursuant to this article. (Added by renumbering Section 69616.9 by Stats. 2006, Ch. 837, Sec. 13. Effective January 1, 2007.)
  74. 70110.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. )

    Verify source ↗

    The Legislature states that, starting with fiscal year 2006–07, funding needed to administer the student loan assumption program should be included in the commission’s annual budget.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ( Chapter 3 heading added by Stats. 2006, Ch. 837, Sec. 15. ) ## ARTICLE 1. Nursing Faculty [70100 - 70110] ( Article 1 heading added by Stats. 2006, Ch. 837, Sec. 16. ) ## 70110. It is the intent of the Legislature that, commencing with the 2006–07 fiscal year, funding necessary for the administration of the student loan assumption program implemented pursuant to this article shall be included within the annual budget of the commission. (Added by renumbering Section 69617 by Stats. 2006, Ch. 837, Sec. 14. Effective January 1, 2007.)
  75. 70115.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. )

    Verify source ↗

    This section establishes the Child Savings Account Grant Program and puts the commission in charge of administering it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. ) ## 70115. (a) There is hereby established the Child Savings Account Grant Program under the administration of the commission. (b) The commission shall implement and administer the Child Savings Account Grant Program to support local governments and nonprofit organizations that sponsor or collaborate on one or more comprehensive citywide or regional child savings account programs. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.)
  76. 70115.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. )

    Verify source ↗

    The commission must distribute Child Savings Account Grant Program grants to qualifying entities, subject to appropriation, and each award must be at least $100,000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. ) ## 70115.1. (a) Subject to an appropriation in the Budget Act, the commission shall distribute grants to qualifying entities based on how many of them are eligible to receive a grant pursuant to subdivisions (b) to (d), inclusive, the amount of available funding under the Child Savings Account Grant Program to award grants, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at a minimum, one hundred thousand dollars ($100,000). Funds appropriated in the Budget Act of 2019 for this purpose shall be available for encumbrance or expenditure by the commission until June 30, 2022. (b) (1) The commission shall award a grant to a qualifying entity for one of the following purposes: (A) For funding to initiate a new local child savings account program. (B) For funding to expand an existing local child savings account program. (2) Up to 74 percent of any appropriation to support the Child Savings Account Grant Program shall be expended pursuant to subparagraph (A) of paragraph (1). (3) A minimum of 24 percent of any appropriation to support the Child Savings Account Grant Program shall be expended pursuant to subparagraph (B) of paragraph (1). (4) Two percent of any appropriation to support the Child Savings Account Grant Program shall be used by the commission for outreach and administration of the program, to establish the Child Savings Account Grant Program Council pursuant to subdivision (d) of Section 70115.2, and to provide technical assistance to applicants pursuant to subdivision (b) of Section 70115.2. (c) (1) A qualifying entity seeking a grant pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall meet all of the following requirements to receive the grant: (A) Not have a local child savings account program in operation or under development. (B) Seek the grant to establish a local child savings account program that primarily targets children who are 0 to 10 years of age, inclusive. (C) Have or develop a plan to augment funding it receives under this chapter to provide continued financial support for its proposed program. (D) Indicate in its application that its proposed program has the capacity to enroll eligible children into the program or that the program has the ability to automatically enroll eligible children. (2) (A) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) based upon the following: (i) Higher percentages of students in the local program’s geographic region who are eligible to receive free or reduced-price meals. (ii) Lower average and median incomes of families living in the local program’s geographic region. (iii) Lower college-going rates for students in the local program’s geographic region. (iv) A higher amount of funding secured, or planned to be secured, through local budget commitments, philanthropy, or other funding sources. (v) Greater fiscal soundness of the applicant’s long-term plan to sustain its local program. (vi) A higher number of children who would have access to a college savings account under the local program. (vii) The extent to which the applicant has a more detailed and effective plan to inform local families about the importance of establishing a college savings account, provide local families with college savings fiscal literacy assistance, and establish a college-going culture. (B) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) that has a plan to invest a minimum of one hundred dollars ($100), through a combination of initial deposits and incentive payments, into each college savings account opened under the local program. (d) (1) A qualifying entity seeking a grant pursuant to subparagraph (B) of paragraph (1) of subdivision (b) shall meet all of the following requirements to receive the grant: (A) Have a local child savings account program in operation or under development that primarily targets children who are 0 to 10 years of age, inclusive. (B) Have moneys, in addition to grants received under this chapter, to support its program. (C) Indicate in its application that its program has the capacity to enroll eligible children into the program or that the program has the ability to automatically enroll eligible children. (2) (A) The commission shall give grant priority to an entity meeting the qualifications of paragraph (1) based upon the following: (i) Higher percentages of students in the local program’s geographic region who are eligible to receive free or reduced-price meals. (ii) Lower average and median incomes of families living in the local program’s geographic region. (iii) Lower college-going rates for students in the local program’s geographic region. (iv) A higher amount of funding secured through local budget commitments, philanthropy, or other funding sources. (v) A higher total amount of funds saved for the local program. (vi) A higher number of outreach events demonstrated by the applicant in its application to cultivate a college-going culture and encourage contributions to child savings accounts. (vii) Demonstrated ability to sustain and potentially expand its program. (B) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) that has a plan to invest a minimum of one hundred dollars ($100), through a combination of initial deposits and incentive payments, into each child savings account opened under the local program. (e) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Child Savings Account Grant Program. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.)
  77. 70115.2.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. )

    Verify source ↗

    The commission must use most of a 2 percent allocation to run outreach, review and select grantees, and oversee grant implementation, and it must also provide technical assistance to applicants.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] ( Division 5 enacted by Stats. 1976, Ch. 1010. ) ## PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] ( Part 42 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] ( Chapter 4 added by Stats. 2019, Ch. 53, Sec. 18. ) ## 70115.2. (a) The commission shall use the majority of the 2 percent allocated for purposes of paragraph (4) of subdivision (b) of Section 70115.1 to provide outreach to potential grantees, to review, score, and select grantees, and to oversee and evaluate grant implementation. The commission shall give outreach priority to underrepresented regions of the state that are not already offering a local child savings account program. (b) The commission shall provide technical assistance to applicants that includes, but is not necessarily limited to, developing a toolkit for qualifying entities seeking to successfully launch a new local child savings account program, establishing a working group of grantees to share best practices, and assisting qualifying entities that are not offering a local child savings account program in developing an application to receive a grant. (c) The commission shall encourage potential applicants to use the technical assistance made available by the commission to develop their program plans. (d) (1) The Child Savings Account Grant Program Council is hereby established to advise the commission and grantees on topics that include, but are not necessarily limited to, all of the following: (A) The development of systems and infrastructure to facilitate the successful implementation and operation of local child savings account programs. (B) Outreach and coordination with local child savings account programs. (C) Incentives to assist in the development of sustainable and expandable local child savings account programs. (D) Strategies to minimize grantees’ administrative fees and to cap administrative costs to better ensure that local child savings account programs are of low or no cost to participants. (E) Contribution strategies, including recordkeeping and cash deposit strategies. (F) The development of strategies to address local child savings account program accessibility issues, such as language barriers, identification of eligible students, and banking access. (2) The Child Savings Account Grant Program Council may include representatives of the Governor’s office, the commission, successful local child savings account programs, experts in relevant fields such as taxation, savings, and outreach, and interested researchers. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.)
  78. 7050.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    This section says political activities of school employees are a statewide concern and this article overrides conflicting city, county, city-and-county charter, and state general law provisions on the subject.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7050. The Legislature finds that political activities of school employees are of significant statewide concern. The provisions of this article shall supersede all provisions on this subject in any city, county, or city and county charter as well as in the general law of this state. (Added by Stats. 1977, Ch. 36.)
  79. 7051.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    This article applies to officers and employees of a local agency, and it defines “local agency” for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7051. This article applies to all officers and employees of a local agency. “Local agency” means a county superintendent of schools, an elementary, high, or unified school district, or a community college district. Officers and employees of a given local agency include officers and employees of any other local agency whose principal duties consist of providing services to the given local agency. (Added by Stats. 1977, Ch. 36.)
  80. 7052.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    Local agency officers and employees generally may not be restricted from political activity, except where this article or applicable federal law allows otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7052. Except as otherwise provided in this article, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a local agency. (Added by Stats. 1977, Ch. 36.)
  81. 7053.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    People holding or seeking office or employment in a local agency must not use their office, authority, or influence to trade political support for employment-related benefits, and the rule also bars urging or discouraging an employee’s political action.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7053. No one who holds, or who is seeking election or appointment to, any office or employment in a local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing, any position, nomination, confirmation, promotion, change in compensation or position, within the local agency upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. The prohibitions of this section shall apply to either urging or discouraging any political action of an employee. (Added by Stats. 1977, Ch. 36.)
  82. 7054.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    School districts and community college districts may not use public funds, services, supplies, or equipment to support or oppose a ballot measure or candidate. They may provide neutral public information about bond issues or other ballot measures if authorized by law and presented fairly and impartially.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7054. (a) No school district or community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district. (b) Nothing in this section shall prohibit the use of any of the public resources described in subdivision (a) to provide information to the public about the possible effects of any bond issue or other ballot measure if both of the following conditions are met: (1) The informational activities are otherwise authorized by the Constitution or laws of this state. (2) The information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure. (c) A violation of this section shall be a misdemeanor or felony punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both, or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 56. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  83. 7054.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    School district or community college district officers and board members may appear before a requesting citizens' group to explain a bond election and answer questions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7054.1. Nothing in this article shall be construed as prohibiting any administrative officer or board member of a school district or community college district from appearing at any time before a citizens’ group that requests the appearance of the officer or board member for purposes of discussing the reasons why the governing board of the district called an election to submit to the voters of the district a proposition for the issuance of bonds and for purposes of responding to inquiries from the citizens’ group. (Added by Stats. 1995, Ch. 879, Sec. 3. Effective January 1, 1996.)
  84. 7055.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    The governing body of each local agency may make rules about political activity by officers and employees during working hours and on local agency premises.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7055. The governing body of each local agency may establish rules and regulations on the following: (a) Officers and employees engaging in political activity during working hours. (b) Political activities on the premises of the local agency. (Added by Stats. 1977, Ch. 36.)
  85. 7056.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    Local agency officers and employees may not solicit or receive political funds for certain ballot measures during working hours, and may not enter local agency buildings or grounds for that purpose during working hours.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7056. (a) Nothing in this article prevents an officer or employee of a local agency from soliciting or receiving political funds or contributions to promote the support or defeat a ballot measure that would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of the local agency. These activities are prohibited during working hours. In addition, entry into buildings and grounds under the control of a local agency for such purposes during working hours is also prohibited. (b) Nothing in this section shall be construed to prohibit any recognized employee organization or its officers, agents, and representatives from soliciting or receiving political funds or contributions from employee members to promote the support or defeat of any ballot measure on school district property or community college district property during nonworking time. As used in this subdivision, “nonworking time” means time outside an employee’s working hours, whether before or after school or during the employee’s luncheon period or other scheduled work intermittency during the schoolday. (Amended by Stats. 1995, Ch. 879, Sec. 4. Effective January 1, 1996.)
  86. 7057.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    People in the classified service or on an eligibility list may not be appointed, demoted, removed, or otherwise discriminated against because of political acts, opinions, or affiliations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7057. No person who is in the classified service or who is upon any eligibility list shall be appointed, demoted, or removed, or in any way discriminated against because of his political acts, opinions, or affiliations. (Added by Stats. 1977, Ch. 36.)
  87. 7058.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    This section says the article does not bar using a governing-board-controlled forum if it is made available to all sides on an equitable basis.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] ( Part 5 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Personnel General Provisions [7000 - 7058] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] ( Article 2 added by Stats. 1977, Ch. 36. ) ## 7058. Nothing in this article shall prohibit the use of a forum under the control of the governing board of a school district or community college district if the forum is made available to all sides on an equitable basis. (Added by Stats. 1995, Ch. 879, Sec. 5. Effective January 1, 1996.)
  88. 70900.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

    Verify source ↗

    This section creates the California Community Colleges system and assigns duties to the Board of Governors, local districts, and the California Online Community College.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70900. There is hereby created the California Community Colleges, a postsecondary education system consisting of community college districts heretofore and hereafter established pursuant to law and the Board of Governors of the California Community Colleges. The board of governors shall carry out the functions specified in Section 70901, local districts shall carry out the functions specified in Section 70902, and the California Online Community College shall carry out the functions specified in Section 75003. (Amended by Stats. 2018, Ch. 33, Sec. 15. (AB 1809) Effective June 27, 2018.)
  89. 70900.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

    Verify source ↗

    This part may be cited as the “Walter Stiern Act.”

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70900.5. This part shall be known, and may be cited, as the “Walter Stiern Act.” (Added by Stats. 1990, Ch. 1587, Sec. 7.)
  90. 70901.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

    Verify source ↗

    The Board of Governors of the California Community Colleges must lead and supervise the community college system, set minimum standards, and carry out consultation, reporting, research, and other specified administrative functions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70901. (a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. (b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: (1) Establish minimum standards as required by law, including, but not limited to, the following: (A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. (B) Minimum standards for the employment of academic and administrative staff in community colleges. (C) Minimum standards for the formation of community colleges and districts. (D) Minimum standards for credit and noncredit classes. (E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. (3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. (4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. (B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. (5) (A) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: (i) (I) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. (II) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. (ii) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. (iii) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. (B) The board of governors may enter into a direct contract with the Academic Senate for the California Community Colleges for the purpose of supporting statewide initiatives, projects, and programs within the purview of the Academic Senate for the California Community Colleges. If the board of governors elects to enter into a direct contract with the Academic Senate for the California Community Colleges, the contract shall specify the objectives and the expected outcomes of the contract. (6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. (B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. (7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. (8) Facilitate articulation with other segments of higher education with secondary education. (9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. (10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. (11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. (12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. (13) Establish policies regarding interdistrict attendance of students. (14) Advise and assist governing boards of community college districts on the implementation and interpretation of state and federal laws affecting community colleges. (15) Contract for the procurement of goods and services, as necessary. (16) Carry out other functions as expressly provided by law. (c) Subject to, and in furtherance of, subdivision (a), the board of governors shall have full authority to adopt rules and regulations necessary and proper to execute the functions specified in this section as well as other functions that the board of governors is expressly authorized by statute to regulate. (d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by a majority vote, may adopt a rule delegating that power to the chancellor, or any officer, employee, or committee of the California Community Colleges, or community college district, as the board of governors may designate. However, the board of governors shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating power shall prescribe the limits of delegation. (e) In performing the functions specified in this section, the board of governors shall establish and carry out a process for consultation with institutional representatives of community college districts so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. (f) (1) The board of governors shall administer the online community college established pursuant to subdivision (a) of Section 75001. In its capacity as the governing board of the online community college, the board of governors shall carry out the functions specified in Section 75003. Members of the board of governors shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business. (2) (A) The board of governors shall contract with a community college district board of trustees for purposes of establishing a separate collective bargaining agreement with employees of the online community college pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The Chancellor of the California Community Colleges shall designate the contract community college district. Employees represented by the collective bargaining agreement established pursuant to this paragraph shall be recruited, recommended for hire, and assigned and directed by the chief executive officer of the online community college appointed pursuant to subdivision (d) of Section 75005. (B) Notwithstanding subdivision (d) of Section 75007, the contract entered into pursuant to subparagraph (A) shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. For only the contract, or contracts, applicable to subparagraph (A) the chancellor’s office shall also be exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (C) The chief executive officer of the online college or his or her designee shall participate in the collective bargaining process pursuant to subparagraph (A). (3) The chief executive officer of the online college shall clarify the identity of the employer of record for all staff of the online college. (Amended by Stats. 2018, Ch. 33, Sec. 16. (AB 1809) Effective June 27, 2018.)
  91. 70901.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

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    The Board of Governors must adopt regulations allowing community college districts to accept certain documents electronically and requiring applicants and students to be told how secure electronic submissions are.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70901.1. The Board of Governors of the California Community Colleges shall adopt regulations that permit the governing board of a community college district to allow applications for admission, student residency determination forms, and other documents to be submitted electronically. The regulations shall require that applicants and students be informed of the relative security of the information they submit electronically. (Amended by Stats. 2005, Ch. 654, Sec. 1. Effective October 7, 2005.)
  92. 70901.2.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

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    The exclusive representative of classified employees must appoint the representative for a college or district task force, committee, or other governance group, unless the exclusive representative and local governing board agree to a different appointment process. If no exclusive representative exists, the local governing board must set a selection process.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70901.2. (a) Notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of classified employees of that college or district shall appoint the representative for the respective bargaining unit members. The exclusive representative of the classified employees and the local governing board may mutually agree to an alternative appointment process through a memorandum of understanding. A local governing board may consult with other organizations of classified employees on shared governance issues that are outside the scope of bargaining. These organizations shall not receive release time, rights, or representation on shared governance task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees. (b) A local governing board shall determine a process for the selection of a classified staff representative to serve on those task forces, committees, or other governance groups in a situation where no exclusive representative exists. (Added by Stats. 2001, Ch. 799, Sec. 1. Effective January 1, 2002.)
  93. 70901.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

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    The board of governors must set procedures for adopting community college regulations, including notice, comment, timing, review, and funding checks.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70901.5. (a) The board of governors shall establish procedures for the adoption of rules and regulations governing the California Community Colleges. Among other matters, the procedures shall implement the following requirements: (1) Written notice of a proposed action shall be provided to each community college district and to all other interested parties and individuals, including the educational policy and fiscal committees of the Legislature and the Department of Finance, at least 45 days in advance of adoption. The regulations shall become effective no earlier than 30 days after adoption. (2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies. (3) The board of governors shall ensure that all proposed regulations of the board meet the standards of “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication,” as those terms are defined in Section 11349 of the Government Code. A district governing board or any other interested party may challenge any proposed regulatory action regarding the application of these standards. (4) Prior to the adoption of regulations, the board of governors shall consider and respond to all written and oral comments received during the comment period. (5) The effective date for a regulation shall be suspended if, within 30 days after adoption by the board of governors, at least two-thirds of all governing boards vote, in open session, to disapprove the regulation. With respect to any regulation so disapproved, the board of governors shall provide at least 45 additional days for review, comment, and hearing, including at least one hearing before the board itself. After the additional period of review, comment, and hearing, the board may do any of the following: (A) Reject or withdraw the regulation. (B) Substantially amend the regulation to address the concerns raised during the additional review period, and then adopt the revised regulation. The regulation shall be treated as a newly adopted regulation, and shall go into effect in accordance with those procedures. (C) Readopt the regulation as originally adopted, or with those nonsubstantive, technical amendments deemed necessary to clarify the intent of the original regulation. If the board of governors decides to readopt a regulation, with or without technical amendments, it shall also adopt a written declaration and determination regarding the specific state interests it has found necessary to protect by means of the specific language or requirements of the regulation. A readopted regulation may then be challenged pursuant to existing law in a court of competent jurisdiction, and shall not be subject to any further appeal within the California Community Colleges. (6) As to any regulation which the Department of Finance determines would create a state-mandated local program cost, the board of governors shall not adopt the regulation until the Department of Finance has certified to the board of governors and to the Legislature that a source of funds is available to reimburse that cost. (7) Any district or other interested party may propose a new regulation or challenge any existing regulation. (b) Except as expressly provided by this section, and except as provided by resolution of the board of governors, the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to regulations adopted by the board of governors. (Added by Stats. 1988, Ch. 973, Sec. 8. Operative January 1, 1990, by Sec. 71 of Ch. 973.)
  94. 70902.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. )

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    Community college district governing boards control and operate the colleges, set rules, and handle a wide range of academic, staffing, property, and administrative matters, subject to state law and board of governors rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] ( Heading of Part 43 renumbered from Part 43.5 by Stats. 1995, Ch. 758, Sec. 78. ) ## 70902. (a) (1) Every community college district shall be under the control of a board of trustees, which is referred to herein as the “governing board.” The governing board of each community college district shall establish, maintain, operate, and govern one or more community colleges in accordance with law. In so doing, the governing board may initiate and carry on any program, activity, or may otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which community college districts are established. (2) The governing board of each community college district shall establish rules and regulations not inconsistent with the regulations of the board of governors and the laws of this state for the government and operation of one or more community colleges in the district. (b) In furtherance of subdivision (a), the governing board of each community college district shall do all of the following: (1) Establish policies for, and approve, current and long-range academic and facilities plans and programs and promote orderly growth and development of the community colleges within the district. In so doing, the governing board shall, as required by law, establish policies for, develop, and approve, comprehensive plans. The governing board shall submit the comprehensive plans to the board of governors for review and approval. (2) Establish policies for and approve courses of instruction and educational programs. The educational programs shall be submitted to the board of governors for approval. Courses of instruction that are not offered in approved educational programs shall be submitted to the board of governors for approval. The governing board shall establish policies for, and approve, individual courses that are offered in approved educational programs, without referral to the board of governors. (3) Establish academic standards, probation and dismissal and readmission policies, and graduation requirements not inconsistent with the minimum standards adopted by the board of governors. (4) Employ and assign all personnel not inconsistent with the minimum standards adopted by the board of governors and establish employment practices, salaries, and benefits for all employees not inconsistent with the laws of this state. (5) To the extent authorized by law, determine and control the district’s operational and capital outlay budgets. The district governing board shall determine the need for elections for override tax levies and bond measures and request that those elections be called. (6) Manage and control district property. The governing board may contract for the procurement of goods and services as authorized by law. (7) Establish procedures that are consistent with minimum standards established by the board of governors to ensure faculty, staff, and students the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance, and to ensure the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (8) Establish rules and regulations governing student conduct. (9) Establish student fees as it is required to establish by law, and, in its discretion, fees as it is authorized to establish by law. (10) In its discretion, receive and administer gifts, grants, and scholarships. (11) Provide auxiliary services as deemed necessary to achieve the purposes of the community college. (12) Within the framework provided by law, determine the district’s academic calendar, including the holidays it will observe. (13) Hold and convey property for the use and benefit of the district. The governing board may acquire by eminent domain any property necessary to carry out the powers or functions of the district. (14) Participate in the consultation process established by the board of governors for the development and review of policy proposals. (c) In carrying out the powers and duties specified in subdivision (b) or other provisions of statute, the governing board of each community college district shall have full authority to adopt rules and regulations, not inconsistent with the regulations of the board of governors and the laws of this state, that are necessary and proper to executing these prescribed functions. (d) Wherever in this section or any other statute a power is vested in the governing board, the governing board of a community college district, by majority vote, may adopt a rule delegating the power to the district’s chief executive officer or any other employee or committee as the governing board may designate. However, the governing board shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating authority shall prescribe the limits of the delegation. (e) This section shall become operative on January 1, 2014. (Amended (as added by Stats. 2006, Ch. 817, Sec. 5) by Stats. 2011, Ch. 112, Sec. 4. (AB 1029) Effective January 1, 2012. Section operative January 1, 2014, by its own provisions.)
  95. 71.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The term “Section” means a section of this code unless another statute is specifically mentioned.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 71. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1976, Ch. 1010.)
  96. 71000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section creates the Board of Governors of the California Community Colleges and sets its 18 voting members and how several seats are appointed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 71000. There is in the state government a Board of Governors of the California Community Colleges, consisting of 18 voting members, as follows: (a) Twelve members, each appointed by the Governor with the advice and consent of two-thirds of the membership of the Senate to six-year staggered terms. Two of these members shall be current or former elected members of local community college district governing boards. (b) (1) (A) Two voting student members. Each student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivisions (a) and (c). (B) A student member shall be enrolled in a community college with a minimum of five semester units, or its equivalent, at the time of the appointment and throughout the period of the student member’s term, or until a replacement has been named. A student member shall be enrolled in a community college at least one semester before the student member’s appointment, and shall meet and maintain the minimum standards of scholarship prescribed for community college students. (C) Each student member shall be appointed by the Governor from a list of names of at least three eligible persons submitted to the Governor by the student organization recognized by the board of governors. (2) The term of office of one student member of the board shall commence on July 1 of an even-numbered year, and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year, and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from the student member’s college on or after January 1 of the second year of the student member’s term of office may serve the remainder of the term. (c) Two voting tenured faculty members from a community college, who shall be appointed by the Governor for two-year terms. The Governor shall appoint each faculty member from a list of names of at least three eligible persons furnished by the Academic Senate of the California Community Colleges. Each seat designated as a tenured faculty member seat shall be filled by a tenured faculty member from a community college pursuant to this section and Section 71003. (d) One voting classified employee, who shall be appointed by the Governor for a two-year term. The Governor shall appoint the classified employee member from a list of at least three eligible persons furnished by the exclusive representatives of classified employees of the California Community Colleges. (e) The Lieutenant Governor, who shall be a voting member. (Amended by Stats. 2021, Ch. 23, Sec. 1. (AB 337) Effective January 1, 2022.)
  97. 71001.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section sets staggered appointment terms for board members and says certain expired terms continue until a successor is appointed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 71001. (a) Except for the student member and the faculty members, the terms of office of the members of the board appointed by the Governor shall be as follows: (1) To the terms expiring on January 15, 1990, the Governor shall appoint one person whose term shall expire on January 15, 1994; one current or former trustee whose term shall expire on January 15, 1996; and one other person whose term shall expire on January 15, 1996. (2) To the terms expiring on January 15, 1991, the Governor shall appoint two persons whose terms shall expire on January 15, 1995; and two persons whose terms shall expire on January 15, 1997. (3) To the terms expiring on January 15, 1992, the Governor shall appoint one person whose term shall expire on January 15, 1998; one current or former trustee whose term shall expire on January 15, 1998; and one person whose term shall expire on January 15, 1994. (4) To the terms expiring on January 15, 1993, the Governor shall appoint three persons whose terms shall expire on January 15, 1999. (5) Commencing January 15, 1993, all terms of office of the members of the board, except the terms of the student member and the faculty members appointed by the Governor, shall be six years. (b) Each term of office shall commence at the expiration of the preceding term. (c) A member whose term has expired may, in accordance with Section 1770 to 1780, inclusive, of the Government Code, continue to discharge the duties of the office until his or her successor is appointed by the Governor. (Repealed and added by Stats. 1989, Ch. 1071, Sec. 3.)
  98. 71002.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Board members must be chosen from outstanding lay citizens of California, with a strong interest in California Community Colleges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 71002. (a) Members of the board shall be selected from outstanding lay citizens of California who have a strong interest in the further development and improvement of the California Community Colleges. (b) Members of the board, to the greatest extent possible, should be inclusive and representative of the many demographic groups found in California, and the board should reflect diversity of race and gender, and should include, among others, disabled persons and veterans. In furtherance of the mission of the California Community Colleges, a member of the board should embrace the basic role and responsibility of a member of the board to bring his or her own best thinking and personal views to the board’s discussion, determining his or her own position on each issue rather than being bound to represent or advocate for the positions of a particular organization or constituency. (Amended by Stats. 2014, Ch. 496, Sec. 1. (AB 1557) Effective January 1, 2015.)
  99. 71003.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The Governor fills board vacancies by appointment, and most of those appointments need Senate confirmation by two-thirds of the Senate.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 71003. (a) Except for the student members, the faculty members, and the classified employee member appointed by the Governor, any vacancy in an appointed position on the board shall be filled by appointment by the Governor, subject to confirmation by two-thirds of the membership of the Senate. A vacancy in the office of a student member, a faculty member, or the classified employee member shall be filled by appointment by the Governor. (b) The appointee to fill a vacancy shall hold office only for the balance of the unexpired term. (Amended by Stats. 2003, Ch. 860, Sec. 2. Effective January 1, 2004.)
  100. 71004.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Board members get travel reimbursement and a $100 daily payment for official business; the Chancellor’s office must also provide $4,000 in student-member financial assistance each semester or equivalent.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Composition and Organization [71000 - 71004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 71004. (a) Members of the board shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day the member is attending to official business. The headquarters of the board and the chief executive officer shall be in Sacramento. (b) The office of the Chancellor of the California Community Colleges shall allocate, from funds appropriated for this purpose pursuant to Item 6870-001-0001 of Section 2.00 of the annual Budget Act, four thousand dollars ($4,000) in financial assistance to a student member of the board, as described in subdivision (b) of Section 71000, for each semester, or quarterly equivalent, of each year the student is a student member on the board. This financial assistance shall be in addition to any need-based financial assistance and any private grants and scholarships received by the student. (Amended by Stats. 2023, Ch. 50, Sec. 10. (SB 117) Effective July 10, 2023.)
  101. 71020.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The Board of Governors must develop and implement a community college accountability system and consult relevant California Community Colleges representatives while doing so.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71020.5. (a) It is the intent of the Legislature in enacting this section to foster the creation, implementation, and phase-in of a comprehensive community college accountability system that describes the performance of community colleges in meeting the postsecondary educational needs of students. This educational and fiscal accountability system shall provide performance data on students, programs, and institutions. It is further the intent of the Legislature that this accountability system assist all participants in the community college system, including students, faculty, staff, administrators, local governing boards, the chancellor, the state board of governors, the public, and other interested constituencies, in identifying the educational and fiscal strengths and weaknesses of colleges in order to improve educational quality in community colleges. (b) The board of governors shall develop and implement a comprehensive community college educational and fiscal accountability system. In developing and implementing this system, the board of governors shall solicit consultation from institutional and organizational representatives of the California Community Colleges, including statewide faculty and staff organizations. At a minimum, the system shall do all of the following: (1) Be consistent with the Legislature’s intent as expressed in this act, Chapter 136 of the Statutes of 1987, and Chapter 1465 of the Statutes of 1986. (2) Draw from, and build upon, the system proposed in the report entitled “AB 3409 Community College Accountability Report,” prepared pursuant to Chapter 1465 of the Statutes of 1986. (3) Be designed to promote student success in community colleges. (4) Define and measure, quantitatively and qualitatively, accountability information, including all of the following: (A) Student access to community colleges. (B) The extent to which the community college student body reflects proportionately the adult population of the state. (C) Student transfer rates and programs. (D) Academic standards and student achievement. (E) Student goal satisfaction and success in courses and programs. (F) Completion rates of courses and programs. (G) Occupational preparation relative to state and local work force needs and for entry-level employment, occupational advancement, and career changes of students. (H) Adequacy of basic skills and English as a second language courses and instruction in preparing students to succeed in collegiate level work. (I) Adequacy of, and student satisfaction with, student services. (J) The extent to which the community college work force reflects proportionately the adult population of the state. (K) Fiscal conditions of community college districts. (5) Be designed to streamline the use of multiple performance measures from appropriate sources of data, including, but not limited to, matriculation evaluations, categorical program evaluations, the community college management information system, and other existing data collection and evaluation systems. (6) Provide feedback to individual colleges in order to improve access to community colleges, student performance, and educational programs where needed. (7) Produce a published report of community college accountability. (c) The Legislature finds and declares that successful implementation of a comprehensive educational and fiscal accountability system is, in part, dependent upon an adequate data collection and reporting system. The accountability system developed and implemented pursuant to this section shall be phased in, to the extent necessary, with the funding and local implementation of the community college management information system. (Amended by Stats. 1995, Ch. 758, Sec. 80. Effective January 1, 1996.)
  102. 71021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board’s official acts need an affirmative vote from a majority of the board, under the board’s policies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71021. All official acts of the board shall require the affirmative vote of a majority of the board, as determined by the policies of the board. The vote of all members shall be recorded. (Amended by Stats. 1989, Ch. 1071, Sec. 4.)
  103. 71022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Board meetings must be open and public, but the board may hold closed executive sessions for certain employment and disciplinary matters, and may exclude other witnesses during witness examination.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71022. All meetings of the board shall be open and public except as otherwise provided. The board may hold executive sessions closed to the public to consider the employment of any person, or the dismissal or other form of disciplinary action to be taken against any officer or employee under the jurisdiction of the board, except where that person, officer, or employee requests a public hearing. The employment status of the Chancellor of the California Community Colleges is subject to this authority of the board. The board may exclude from that meeting, whether public or closed to the public, during the examination of a witness, any or all other witnesses in the matter being investigated. (Amended by Stats. 1986, Ch. 1123, Sec. 10.)
  104. 71024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors of the California Community Colleges has the powers and duties previously held by several education officials for community college management and control.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71024. The Board of Governors of the California Community Colleges has the duties, powers, purposes, responsibilities, and jurisdiction heretofore vested in the State Board of Education, Superintendent of Public Instruction, the Department of Education, and the Director of Education with respect to the management, administration, and control of the community colleges. Whenever in any law other than a provision of the Education Code, enacted prior to January 1, 1977, relating to the management, administration and control of the community colleges reference is made to the State Board of Education, Superintendent of Public Instruction, the Department of Education, or the Director of Education, such reference shall be deemed to mean the Board of Governors of the California Community Colleges. (Enacted by Stats. 1976, Ch. 1010.)
  105. 71025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    People may not use the name “California Community Colleges,” or similar names, without Board of Governors permission, except for a prior-use carveout and truthful statements covered by the section.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71025. (a) The name “California Community Colleges” is the property of the state. No person shall, without permission of the Board of Governors of the California Community Colleges, use this name, or any abbreviation of it, or any name of which these words are a part in any of the following ways: (1) To designate any business, social, political, religious, or other organization, including but not limited to, any corporation, firm, partnership, association, group, activity or enterprise. (2) To imply, indicate or otherwise suggest that any organization, or any product or service of that organization, is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California Community Colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges. (3) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program. The provisions of this section shall not preclude the use of the name “California Community Colleges” by any person or organization otherwise subject to this section using the name immediately prior to March 4, 1972. (b) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever. (c) Every person violating provisions of this section is guilty of a misdemeanor. (Added by Stats. 1990, Ch. 1372, Sec. 266.)
  106. 71027.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors must develop, maintain, and disseminate a general common course numbering system for community college districts, and the Chancellor’s office must cover those costs from existing resources.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71027. (a) The Board of Governors of the California Community Colleges shall develop, maintain, and disseminate a general common course numbering system for use by the community college districts. (b) The office of the Chancellor of the California Community Colleges shall absorb the costs of developing, maintaining, and disseminating a general common course numbering system pursuant to this section within the office’s existing resources. (Amended by Stats. 2004, Ch. 193, Sec. 13. Effective January 1, 2005.)
  107. 71028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors must adopt regulations to make California Community Colleges apply statewide contracting goals for minority- and women-owned business enterprises.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71028. The board of governors shall adopt regulations to ensure that the California Community Colleges, as a system, establish and apply the statewide participation goals for contracting with minority business enterprises and women business enterprises specified in Section 10115 of the Public Contract Code. The statewide participation goal for the California Community Colleges shall be based upon the total dollar amount of contracts awarded, with not less than 15 percent being awarded to minority business enterprises, and not less than 5 percent being awarded to women business enterprises. The regulations adopted by the board of governors shall be adapted from and consistent with the provisions of Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 1 of the Public Contract Code. (Amended by Stats. 2001, Ch. 745, Sec. 36. Effective October 12, 2001.)
  108. 71029.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors may support postsecondary education programs for prison inmates, wards, and parolees, and priority must be given to programs linking multiple correctional and educational partners.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71029. It is the intent of the Legislature that the Board of Governors of the California Community Colleges, in cooperation with the Trustees of the California State University and Colleges and the Regents of the University of California, may support existing and additional programs which provide postsecondary educational opportunities and services for prison inmates, wards, and parolees of the Department of Corrections and the Department of the Youth Authority. The board of governors may support programs developed and operated cooperatively by at least one correctional institution and a two- or four-year college. Priority shall be given to programs linking more than two correctional institutions, educational agencies, parolee programs, community agencies, and potential employers. The board of governors may support existing programs and additional demonstration projects which have one or more of the following components: (a) Academic and vocational instructional programs at the postsecondary educational level offered inside state prisons, county jails, or Department of the Youth Authority institutions. (b) Information, counseling, and tutoring services for inmates, wards, and ex-offenders presently enrolled or interested in a postsecondary educational program. (c) Courses for inmates and wards which also serve prison personnel and college students who are not incarcerated. (d) Cooperative efforts linking postsecondary education programs with potential employers of ex-offenders. (e) Research on alternative methods of assessing academic abilities of inmates and alternative ways of making available education to inmates and ex-offenders. (Added by Stats. 1981, Ch. 470, Sec. 40.)
  109. 71030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Chancellor of the California Community Colleges must revise the online application process so it collects only required or otherwise necessary data, and may delay collecting data that can be gathered later.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71030. On or before July 31, 2019, the Chancellor of the California Community Colleges shall revise the California community college online application process so that only data that is required by the federal government or state law, or that is otherwise necessary, as determined by the chancellor, is collected during the process. To the extent that data can be collected from the student at a later time, the chancellor may delay the collection of that data until after the student has applied to a community college. (Amended by Stats. 2019, Ch. 497, Sec. 83. (AB 991) Effective January 1, 2020.)
  110. 71040.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board of governors may authorize actual and necessary travel expenses for certain community college students, faculty, staff, or officials/employees serving on board- or chancellor’s office–formed groups.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71040. The board of governors may allow actual and necessary travel expenses to community college students, faculty, staff, or other community college officials or employees who serve on study teams, task forces, or similar groups formed by the board of governors or by the chancellor’s office and who, in these capacities, attend meetings of any association, organization, or agency that has as its principal purpose the study of matters pertinent to education or to a particular field or fields of education relevant to community colleges. (Amended by Stats. 2005, Ch. 654, Sec. 2. Effective October 7, 2005.)
  111. 71046.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors may accept gifts, donations, bequests, and devises for the state if they help the board carry out its primary functions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71046. The Board of Governors of the California Community Colleges may accept on behalf of, and in the name of, the state gifts, donations, bequests, and devises that may be made to the board of governors, or to any school or other institution under the jurisdiction of the board of governors whenever the gift, donation, bequest, or devise and the terms and conditions thereof, will aid the Board of Governors of the California Community Colleges in carrying out its primary functions, as specified in Sections 70900 to 70902, inclusive. Gifts, donations, bequests, and devises may be made subject to the conditions or restrictions as the board of governors may deem advisable. (Amended by Stats. 1990, Ch. 1372, Sec. 275.)
  112. 71049.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Board officers and employees may claim actual and necessary travel expenses for state business, and out-of-state travel and expenses must be approved by the Governor and Director of Finance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71049. For the purposes of Government Code Section 11032, the following constitute, among other proper purposes of like or different character, state business for officers and employees of the board of governors and the chancellor’s office for which the officers and employees shall be allowed actual and necessary traveling expenses: (a) Attending meetings of any national association or organization having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of such association. (b) Conferring with officers or employees of the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California. (c) Conferring with officers or employees of other states engaged in the performance of similar duties. (d) Obtaining information useful to the agency in the conduct of its work. When traveling is outside the state, traveling and expense shall be approved by the Governor and Director of Finance as provided in Government Code Section 11032. (Enacted by Stats. 1976, Ch. 1010.)
  113. 71050.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Board of Governors of the California Community Colleges must survey local community college districts and develop a plan and standards to support services for welfare recipients.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71050. The Board of Governors of the California Community Colleges shall survey local community college districts to determine the level and type of services needed and available for welfare recipients pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. The Board of Governors of the California Community Colleges shall develop a plan and standards for the level of participation by community college districts required to meet the goal of providing open entry/open exit education, skills training, assessment, and counseling to these recipients. The plan shall provide for local in-service training and technical assistance to community college districts in development of contracts and programs in cooperation with county welfare agencies, service delivery areas under the Job Training Partnership Act, and others necessary to carry out the intent of that article. The plan shall also provide for the identification of necessary funding levels and sources of funding, including employer-based training and funds available under Section 202(b)(1) of the Job Training Partnership Act, to meet the goals of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and the development and implementation of monitoring and reporting tools for the continued participation of community college districts in the provision of services under contracts required by that article. (Amended by Stats. 1990, Ch. 1372, Sec. 279.)
  114. 71051.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board of governors must create a process for approving and funding new collaborative facilities projects proposed by community college districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Powers and Duties [71020.5 - 71051] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 71051. (a) The board of governors shall develop a process for the approval and funding of new collaborative facilities projects that are proposed by community college districts. (b) The board of governors shall not implement subdivision (a) without statutory authorization. (Amended by Stats. 2004, Ch. 193, Sec. 14. Effective January 1, 2005.)
  115. 71090.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The board must appoint the Chancellor of the California Community Colleges and set the chancellor’s compensation. The chancellor must carry out duties the board delegates, and the board may delegate its powers by majority vote through a rule that sets the delegation’s limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71090. (a) The board shall appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges, and fix his or her compensation. (b) The chancellor shall execute the duties and responsibilities as may be delegated to him or her by the board. Whenever in this code a power is vested in the board, the board, by a majority vote, may adopt a rule delegating that power to the chancellor or any officer, employee, or committee as the board may designate. The rule shall prescribe the limits of the delegation. (Amended by Stats. 1990, Ch. 1372, Sec. 281.)
  116. 71090.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The Governor, with the board of governors’ recommendation, must appoint up to six deputy and vice chancellors, and those appointees are exempt from state civil service.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71090.5. In addition to the position authorized by subdivision (e) of Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the board of governors, shall appoint up to six deputy and vice chancellors, who shall be exempt from state civil service. The appointments shall not exceed an aggregate total of six, for both the positions of deputy and vice chancellor. (Amended by Stats. 1995, Ch. 758, Sec. 81. Effective January 1, 1996.)
  117. 71092.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The board of governors must hire necessary employees, set their compensation according to law, and designate each employee’s headquarters, except where Section 71004 applies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71092. (a) The board of governors shall employ and fix the compensation, in accordance with law, of assistants, clerical, and other employees as it deems necessary for the effective conduct of the work of the board and the chancellor’s office. (b) Notwithstanding Section 19849.5 of the Government Code, the Board of Governors of the California Community Colleges shall designate the headquarters for each of its employees, except as provided in Section 71004. (Amended by Stats. 1998, Ch. 954, Sec. 14. Effective January 1, 1999.)
  118. 71093.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    This section lets the Board of Governors authorize the chancellor to suspend the district board’s authority and, during that period, gives the chancellor and special trustee broad management powers.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71093. Notwithstanding any other law: (a) The board of governors may authorize the chancellor to suspend the authority of the Board of Trustees of the Compton Community College District, or of any of the members of that board, to exercise any powers or responsibilities or to take any official actions with respect to the management of the district, including any of the district’s assets, contracts, expenditures, facilities, funds, personnel, or property. The board of governors may authorize suspension for a period up to five years from the effective date of Assembly Bill 318 of the 2005–06 Regular Session, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Governor concur with the special trustee that the district has, for two consecutive academic years, met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to Section 41329.59. (b) A suspension authorized by this section becomes effective immediately upon the delivery of a document to the administrative offices of the Compton Community College District that sets forth the finding of the chancellor that a suspension pursuant to this section is necessary for the establishment of fiscal integrity and security in that district. (c) (1) If and when the chancellor suspends the authority of the Board of Trustees of the Compton Community College District or any of its members pursuant to this section, the chancellor may appoint a special trustee as provided in paragraph (3) of subdivision (c) of Section 84040, at district expense, to manage the district. The chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Board of Trustees of the Compton Community College District that the chancellor determines, with the approval of the board of governors, are necessary for the management of that district. The Board of Trustees of the Compton Community College District may not exercise any of the duties or powers assumed by the chancellor under this section. (2) The chancellor may appoint as a special trustee under this section a person who has served in a similar capacity. A special trustee appointed under this section shall serve at the pleasure of the chancellor. (3) Notwithstanding any other law, in order to facilitate the appointment of the special trustee, the chancellor is exempt, for purposes of this section, from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (d) (1) Notwithstanding any other law, at any time that this section is in effect, the chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Compton Community College District Personnel Commission that the chancellor determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission may not exercise any of the powers or duties assumed by the chancellor. (2) (A) If and when the suspension of the authority of the Board of Trustees of the Compton Community College District has ended pursuant to subdivision (a), the board of trustees shall assume those powers and duties of the Compton Community College District Personnel Commission that the board of trustees determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission shall not exercise any of the powers or duties assumed by the board of trustees. (B) Subparagraph (A) shall remain in effect until one calendar year after the Compton Community College District has repaid to the state the emergency apportionment funding pursuant to Section 41329.58. (C) Beginning one calendar year after the Compton Community College District has made its final payment to the state for the emergency apportionment funding pursuant to Section 41329.58, the Compton Community College District Personnel Commission shall be reinstated to exercise the powers and duties necessary for the management of the personnel functions of the Compton Community College District. (3) (A) Beginning in the year in which the Compton Community College District has repaid the emergency apportionment pursuant to Section 41329.58, the Board of Trustees of the Compton Community College District shall establish the Compton Community College District Personnel Commission in an advisory capacity. Members of the personnel commission shall be appointed pursuant to subparagraph (B). The personnel commission shall advise the board of trustees on the powers and duties assumed by the board of trustees pursuant to subparagraph (A) of paragraph (2). (B) One member of the Compton Community College District Personnel Commission shall be appointed by the Board of Trustees of the Compton Community College District. One member of the personnel commission shall be nominated by the classified employees of the Compton Community College District and appointed by the board of trustees. Those two members shall, in turn, appoint the third member of the personnel commission. (C) As used in this section, “classified employees” means an exclusive representative that represents the largest number of noncertificated employees in a unit or units within the Compton Community College District. If there is no exclusive representative within the district, the board of trustees shall, by written rule, prescribe the method by which the recommendation is to be made by the district’s classified employees. (4) On or before September 15 the year after the Board of Trustees of the Compton Community College District establishes the Compton Community College District Personnel Commission in an advisory capacity pursuant to paragraph (3), the personnel commission shall provide a report of duties fulfilled in its advisory role to the board of trustees and shall make the report available to the public on the internet website of the Compton Community College District. (5) Beginning on or before September 15, 2023, and annually thereafter, the Compton Community College District shall provide to the Department of Finance, the Assembly Budget Subcommittee on Education Finance, and the Senate Budget Subcommittee on Education an update on its repayment of the emergency apportionment funding pursuant to Section 41329.58. The update shall include the principal loan balance, annual loan payment, and the loan repayment schedule. (e) Notwithstanding any other law, if the special trustee has been a member of the State Teachers’ Retirement System or the Public Employees’ Retirement System at any time before appointment, the special trustee shall, for the period of service as special trustee, be a member of the system to which the special trustee belonged, unless the special trustee elects, in writing, not to be a member. If the special trustee chooses to be a member, the special trustee shall be placed on the payroll of the district, or the payroll of another local educational agency or other entity that the district has an exchange agreement with pursuant to Section 87422 or other applicable laws, for the purpose of providing appropriate contributions to the applicable retirement system. (f) The special trustee appointed pursuant to this section is authorized to do all of the following: (1) Implement substantial changes in the fiscal policies and practices of the Compton Community College District. (2) Revise the academic program of the Compton Community College District to reflect realistic income projections in response to the dramatic effect of the changes in fiscal policies and practices upon program quality. (3) Encourage all members of the college community to accept a fair share of the burden of the full recovery of the Compton Community College District in the five operational areas of finance, academics, personnel, facilities, and governance. (4) Enter into agreements on behalf of the Compton Community College District and, subject to any contractual and statutory obligation of the Compton Community College District, change any existing district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plan. Any agreement authorized by this section shall be binding upon the district for the term of the agreement, notwithstanding the removal of the special trustee for any reason or the reinstatement of any powers or responsibilities of the board of trustees. No agreement authorized by this paragraph shall materially impair the security and other interests of the holders of any bonds issued pursuant to Article 9 (commencing with Section 63049.67) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. (5) Appoint an advisory committee to advise the special trustee with respect to the management of the Compton Community College District and the establishment and implementation of the arrangements for provision of services by a partner district pursuant to Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. This advisory committee may include residents of the communities served by the Compton Community College District, and any outside experts deemed appropriate by the special trustee. No member of the advisory committee shall receive any compensation or benefits for their services as a member of the advisory committee. (g) In the event of a vacancy in the special trustee position, the chancellor shall temporarily assume all of the powers and duties of the special trustee until another special trustee can be appointed pursuant to this section. (Amended by Stats. 2023, Ch. 131, Sec. 47. (AB 1754) Effective January 1, 2024.)
  119. 71094.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The chancellor’s office may contract with community college districts for certain administrative services and may charge the districts for those costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71094. The chancellor’s office may contract with community college districts for the performance of administrative services necessary to implement Section 12419.7 of the Government Code. The chancellor’s office may charge the districts for the costs of those administrative services. (Added by Stats. 1982, Ch. 937, Sec. 1.)
  120. 71094.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The Chancellor may create a fee policy for researchers requesting identifiable or student data, but the policy must be approved, updated, published, and privacy-compliant.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data, student data, or both. (2) A data request fee policy implemented pursuant to this section shall adhere to both of the following requirements: (A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellor’s internet website. (B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code. (b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system by the office of the Chancellor of the California Community Colleges to recover costs that would otherwise typically be borne by the requesting data researcher, the chancellor’s office, or both. (c) Fees or charges shall not be imposed pursuant to this section upon any of the following: (1) A state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the State Department of Education. (2) An undergraduate or graduate student seeking data for the student’s individual studies. (3) A community college faculty member seeking data for the faculty member’s individual research. (Added by Stats. 2025, Ch. 753, Sec. 1. (SB 391) Effective January 1, 2026.)
  121. 71095.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. )

    Verify source ↗

    The chancellor’s office must develop emergency preparedness standards and guidelines for community college districts and campuses, with the Office of Emergency Services involved in consultation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 44. BOARD OF GOVERNORS [71000 - 71095] ( Part 44 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Board of Governors [71000 - 71095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Office of Chancellor [71090 - 71095] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 8, Sec. 26. ) ## 71095. (a) The chancellor’s office, in consultation with the Office of Emergency Services, shall develop emergency preparedness standards and guidelines to assist community college districts and campuses in the event of a natural disaster, hazardous condition, or terrorist activity on or around a community college campus. (b) The standards and guidelines shall be developed in accordance with the Standardized Emergency Management System and the National Incident Management System, and shall be reviewed by the Office of Emergency Services in a manner that is consistent with existing policy. In developing the standards and guidelines, the chancellor’s office shall consider including all of the following: (1) Information on establishing a campus emergency management team. (2) Provisions regarding overview training for every employee within one year of commencement of employment. (3) Information on specialized training for employees who may be designated as part of an emergency management team. (4) Information on preparedness, prevention, response, recovery, and mitigation policies and procedures. (5) Information on coordinating with the appropriate local, state, and federal government authorities, and nongovernmental entities on comprehensive emergency management and preparedness activities. (6) A response plan for an active shooter on or around a community college campus. (c) On or before January 1, 2017, and on or before January 1 every five years thereafter, the chancellor’s office shall review and update, as necessary, the standards and guidelines developed pursuant to this section. (Amended by Stats. 2015, Ch. 83, Sec. 1. (AB 767) Effective January 1, 2016.)
  122. 72.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The present tense is treated as including the past and future tenses, and the future tense is treated as including the present.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 72. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1976, Ch. 1010.)
  123. 72000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Naming [72000- 72000.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section gives community college districts and their boards rules for naming districts, holding meetings, giving notice, voting, and limiting use of district names.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Naming [72000- 72000.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72000. (a) The district and its governing board may sue and be sued, and shall act in accordance with Section 70902. (b) The district name shall be adopted and changed as follows: (1) The first governing board of any new community college district shall, at the first meeting of the board or as soon as practicable thereafter, name the district. The district shall be designated as the “____ Community College District.” (2) The governing board of a community college district may, by resolution, change the name of the district or of any of the community colleges maintained by the district. However, the name shall continue to contain the words “Community College District” or “Community College,” as appropriate. (3) Whenever a petition is presented to the governing board of a community college district, signed by at least 15 qualified electors of any community college district, asking that the name of the district, be changed, the governing board shall, at its next regular meeting, designate a day upon which it will conduct a hearing and act upon the petition, which hearing shall not be less than 10 days nor more than 40 days after that regular meeting. The clerk of the governing board shall give notice to all interested parties by sending a notice of the time for the hearing of the petition. Notices shall be mailed at least 10 days before the day set for the hearing. At the hearing the board shall by resolution either grant or deny the petition, and if the petition is granted, the clerk shall notify the Board of Governors of the California Community Colleges of the change of the name of the district or of any community college maintained by the district. (4) The name “____ Community College District” and the names of community colleges maintained by the district are the property of the district. No person shall, without permission of the board, use these names, or any abbreviation of them, or any name of which these words are a part in any of the following ways: (A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity or enterprise. (B) To imply, indicate or otherwise suggest that any organization, or any product or service of the organization is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California community colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges. (C) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program. (D) The provisions of this section shall not preclude the use of the name “____ Community College” or “____ Community College District” by any person or organization otherwise subject to this section using the name immediately prior to the effective date of this section, so long as the name is not used in additional, different ways. (E) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever. (5) Any reference to junior colleges or junior college districts in any law shall be deemed to refer to community colleges and community college districts, respectively. (c) Meetings of the governing board shall be held as follows: (1) Within 20 days after the appointment of the community college board provided for by Section 72023, the board of governors shall call an initial organizational meeting of the board by giving at least 10 days’ notice by registered mail to each member, for the purposes of organizing the community college board. At the initial organizational meeting the community college board shall organize by electing a president from its members and a secretary, and may transact any other business relating to the affairs of the community college district. (2) (A) The governing board of each community college district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the date upon which a governing board member elected at that election takes office. Organizational meetings in years in which no regular election for governing board members is conducted shall be held during the same 15-day period on the calendar. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected by the board at its regular meeting held immediately prior to the first day of such 15-day period, and the board shall notify the county superintendent of schools of the day and time selected. The secretary of the board shall, within 15 days prior to the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting. (B) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, prior to the first day of such 15-day period and after the regular meeting of the board held immediately prior to the first day of the 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. He or she shall notify in writing all members and members-elect of the date and time. (C) At the annual meeting, the governing board of the community college district shall organize by electing a president, from its members, and a secretary. (3) As an alternative to the procedures set forth in paragraph (2), in a community college district the boundaries of which are coterminous with the boundaries of a city and county, the governing board members of which district are elected in accordance with a city and county charter, the annual organizational meeting of the governing board may be held between January 8 and January 31, inclusive, as provided in rules and regulations adopted by the board. At the annual organizational meeting the community college district governing board shall organize by electing a president and vice president from its members. (4) Subject to this section, the governing board of any community college district shall hold regular monthly meetings and shall by rule and regulation fix the time and place for its regular meetings. The action shall be given proper notice to all members of the board of the regular meetings. (d) The governing board shall conduct its meetings as follows: (1) A notice identifying the location, date, and time of the meeting shall be posted in each community college maintained by the district at least 10 days prior to the meeting and shall remain so posted to and including the time of the meeting. (2) The governing board shall conduct its meetings within the boundaries of the community college district, except as provided in subparagraphs (A) and (B). (A) The governing board may meet outside of its district boundaries for the limited purpose of meeting with another local agency so long as the meeting meets both of the following criteria: (i) The meeting occurs within the boundaries of one of the participating local agencies. (ii) The meeting is open and accessible to the public, including the residents of the district whose board is meeting outside the boundaries of the district. (B) The governing board may meet outside of its district boundaries if the board finds it necessary to meet in closed session with its attorney to discuss pending litigation and if the attorney’s office is located outside of the boundaries of the district. (3) Except as otherwise provided by law, the governing board shall act by majority vote of all of the membership constituting the governing board. (4) Every official action taken by the governing board of every community college district shall be affirmed by a formal vote of the members of the board, and the governing board of every community college district shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken. (5) Notwithstanding any other provision of law, if a community college district governing board consists of seven members and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority. Whenever any of the provisions of this code require unanimous action of all or a specific number of the members elected or appointed to the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board. (Amended by Stats. 1991, Ch. 1038, Sec. 2. Effective October 14, 1991.)
  124. 72010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. )

    Verify source ↗

    This article is supplemental to U.S. and California constitutional and statutory provisions relating to discrimination.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. ) ## 72010. The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or Constitution or laws of the State of California, relating to discrimination. (Repealed and added by Stats. 1981, Ch. 470, Sec. 46.)
  125. 72011.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. )

    Verify source ↗

    A community college district must give access to its services, classes, and programs without discrimination based on the characteristics listed in Section 66270.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. ) ## 72011. Every community college district shall provide access to its services, classes, and programs without regard to the characteristics listed in Section 66270. (Amended by Stats. 2007, Ch. 569, Sec. 50. Effective January 1, 2008.)
  126. 72012.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. )

    Verify source ↗

    Every community college must comply with specified higher-education discrimination laws.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. ) ## 72012. Every community college shall comply with Section 66016, the Equity in Higher Education Act as set forth in Chapter 4.5 (commencing with Section 66250) of Part 40 of Division 5, and other applicable laws relating to discrimination. (Amended by Stats. 2007, Ch. 569, Sec. 51. Effective January 1, 2008.)
  127. 72014.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. )

    Verify source ↗

    A community college district may not use district-controlled funds for membership or paid participation in a private organization with discriminatory membership practices, except for salary payments and funds used for student organizations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Nondiscrimination [72010 - 72014] ( Article 2 repealed and added by Stats. 1981, Ch. 470, Sec. 46. ) ## 72014. No funds under the control of a community college district shall ever be used for membership or for any participation involving a financial payment or contribution, on behalf of the district or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual officer or employee of the district as salary, or to any funds that are used directly or indirectly for the benefit of student organizations. (Amended by Stats. 2007, Ch. 569, Sec. 53. Effective January 1, 2008.)
  128. 72022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county committee may change trustee areas or board size for a community college district if the district board petitions for it, and the provision sets election-method and size limits for the board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72022. The county committee on school district organization, upon petition of the governing board of any community college district, may provide for the establishment, rearrangement, or abolishment of trustee areas in any community college district or increase or decrease the number of members of the governing board, in the same manner as trustee areas may be provided for in other districts under Sections 5020 to 5024, inclusive. When trustee areas are established or rearranged under this section, governing board members shall be elected for four-year terms, and shall be either five or seven in number. The number of trustee areas shall not be less than two nor more than seven. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year. Subject to provisions of this section, any resident and registered elector of the school district not disqualified by the Constitution or laws of the state is eligible to candidacy for, and appointment and election to, the governing board of a community college district in which trustee areas have been provided under this section. When trustee areas are established or rearranged under this section, the petition to the county committee by the governing board shall provide for election of trustees by one of the following methods: (a) Election of an elector residing in and registered to vote in the trustee area he seeks to represent, by only the registered electors of the same trustee area; (b) Election, of an elector residing in and registered to vote in the trustee area he seeks to represent, by the registered electors of the entire community college district. (Enacted by Stats. 1976, Ch. 1010.)
  129. 72023.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets how community college district governing boards are structured, including board size, trustee-area representation, staggered trustee terms, and special size rules for the Peralta and Redwoods districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72023. In every community college district in which trustee areas have not been established, there shall be a governing board of either five or seven members elected at large from the district to serve a term of four years. If trustee areas have been established in a community college district the governing board shall consist of a member or members from each trustee area. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year. In the Peralta Community College District, the governing board may consist of not to exceed 15 members, if the governing board so determines, whether or not trustee areas have been established. The governing board of the Redwoods Community College District may consist of eight members, provided the area contained in the Fort Bragg Unified School District and the Mendocino Unified School District is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. Such governing board may consist of nine members if, in addition to the annexation specified above, the area contained within Del Norte County is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. (Amended by Stats. 1977, Ch. 36.)
  130. 72023.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section requires community college district boards to include student members and sets rules for how student members are selected, what they may do, and what they may not do.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72023.5. (a) (1) (A) The governing board of each community college district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more students. These students shall have the right to attend each and all meetings of the governing board, except that student members shall not have the right, or be afforded the opportunity, to attend executive sessions of the governing board. (B) A student member shall have the opportunity to cast an advisory vote immediately before votes are cast by the regular members of the governing board. (2) A student selected to serve on the governing board shall be enrolled in a community college of the district and shall be chosen, and shall be recalled, by the students enrolled in the community colleges of the district in accordance with procedures prescribed by the governing board. If the seat of a student member becomes vacant during the student member’s term, the governing board may authorize the officers of student body associations established pursuant to Section 76060 at each community college in the district to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board. A student member shall be required throughout the term of the student member’s appointment to be enrolled in a community college of the district for at least five semester units, or its equivalent, and shall meet and maintain the minimum standards of scholarship for community college students prescribed by the community college district. The term of a student member shall be one year commencing on June 1 of each year. (3) A student member appointed pursuant to this section shall be entitled to mileage allowance to the same extent as a regular member, but is not entitled to the compensation prescribed by Section 72024. (4) A student member shall be seated with the members of the governing board and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. (5) A student member shall not be included in determining the vote required to carry any measure before the board. (6) A student member shall not be liable for any acts of the governing board. (b) Notwithstanding subdivision (a), a student member selected to serve on the governing board of a community college district pursuant to subdivision (a) may do any of the following: (1) Make and second motions at the discretion of the governing board. (2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board. (3) Receive compensation, at the discretion of the governing board, up to the amount prescribed by Section 72024. (4) Serve a term of one year commencing on May 15 of each year, at the discretion of the governing board. (c) It is the intent of the Legislature that any decision or action, including any contract entered into pursuant thereto, upon the motion or second of a motion of a student member, shall be fully legal and enforceable against the community college district or any party thereto. (d) The governing board of each community college district shall, by May 15 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until May 15 of the following year. (e) If a state court finds this section is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under this statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded. In any action in which the court finds this section is unlawful, the California Community Colleges are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief. (Amended by Stats. 2023, Ch. 103, Sec. 1. (AB 1541) Effective January 1, 2024.)
  131. 72024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing boards may set monthly compensation for board members within FTES-based caps, and can raise pay by up to 5% annually.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72024. (a) (1) In any community college district that is not located in a city and county, and in which the full-time equivalent students (FTES) for the prior college year exceeded 60,000, the governing board may prescribe, as compensation for the services of each member of the board who actually attends all meetings held by the board, a sum not to exceed one thousand five hundred dollars ($1,500) in any month. (2) In any community college district in which the FTES for the prior college year was 60,000 or less, but more than 25,000, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed seven hundred fifty dollars ($750) in any month. (3) In any community college district in which the FTES for the prior college year was 25,000 or less, but more than 10,000, each member of the governing board of the district who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed four hundred dollars ($400) in any month. (4) In any community college district in which the FTES for the prior college year was 10,000 or less, but more than 1,000, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed two hundred forty dollars ($240) in any month. (5) In any community college district in which the FTES for the prior college year was 1,000 or less, but more than 150, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed one hundred twenty dollars ($120) in any month. (b) Any member of a governing board who does not attend all meetings held by the board in any month may receive, as compensation for his or her services, an amount not greater than a pro rata share of the number of meetings actually attended based upon the maximum compensation authorized by this subdivision. (c) The compensation of members of the governing board of a community college district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total FTES in all of the community colleges of the district in the college year in which the organization or reorganization became effective shall be deemed to be the FTES in the district for the prior college year. (d) A member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that, at the time of the meeting, he or she is performing services outside the meeting for the community college district, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board. The compensation shall be a charge against the funds of the district. (e) On an annual basis, the governing board may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the governing board. The action may be rejected by a majority of the voters in that district voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 6. Effective January 1, 2007.)
  132. 72025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The Long Beach Community College District governing board may establish trustee areas. If voters approve the proposal, the new trustee areas take effect based on the shortest relevant board term end date, and certain board members’ terms are shortened accordingly.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72025. (a) The governing board of the Long Beach Community College District may establish trustee areas pursuant to this section. (b) Notwithstanding any other provision of law: (1) If a proposal for the establishment of trustee areas is approved by a majority of the voters voting at the election, the establishment of trustee areas shall be effective upon the expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter. (2) The term of any member serving on the board on the date of the election approving the establishment of trustee areas shall be shortened until the date of expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter. (3) Vacancies shall be filled as provided by other provisions of law and the term of the person filling the vacancy shall be determined in accordance with paragraph (2). (Added by Stats. 1993, Ch. 486, Sec. 1. Effective January 1, 1994.)
  133. 72026.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may seek voter approval to rearrange trustee areas after annexation affects the district’s geography or population distribution, and must hold and notice a public hearing before ordering a special election.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72026. (a) Notwithstanding any other law, if the governing board of a community college district finds that the boundaries of trustee areas do not conform to the district’s geography or population distribution due to annexation of territory to the district after the trustee boundaries were formed, the board may, in its discretion, order a special election seeking voter approval for rearrangement of such areas in the manner provided in this section. (b) (1) Upon adoption of a resolution by a majority of the members, the board shall call and conduct at least one public hearing on the proposed rearrangement of trustee area boundaries by publishing notice of the proposed rearrangement in accordance with Section 6061 of the Government Code. The notice shall be published at least 10 days prior to each hearing to be held and shall state the time and place of the hearing and the general nature of the proposed boundary rearrangement. (2) At the conclusion of the public hearing or hearings, the board may adopt a resolution by majority vote of its members ordering a special election on the proposed rearrangement of trustee areas within the district. The election shall be consolidated with the next scheduled primary or general statewide election and shall be called and conducted by the county superintendent of schools having jurisdiction in the manner otherwise prescribed for elections in Chapter 3 (commencing with Section 5300) of Part 4 of Division 1 of Title 1. (c) The ballot shall contain the following words properly located on the ballot: “Shall the trustee areas in _____ (insert name) Community College District be rearranged?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the rearrangement. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (d) If the proposal for the rearrangement of trustee areas within the district pursuant to this section is approved by a majority of the electors voting at the election and it appears that one or more trustee areas in the district will not be represented in the membership of the governing board or that one or more trustee areas will have more than its allotted number of representatives in the membership of the governing board, the county superintendent of schools having jurisdiction shall call and conduct an election to determine who shall represent such trustee area or areas at the next regular election for community college trustees as otherwise provided by law. The term of office of a newly elected and qualified member shall expire on the date the term of the former member would have expired if the former member had remained in office. If the offices of two or more members become vacant due to the operation of this subdivision, the county superintendent of schools shall determine by lot which term of office of former members shall be assumed by which of the newly elected and qualified members. (Amended by Stats. 2025, Ch. 303, Sec. 10. (AB 1512) Effective January 1, 2026.)
  134. 72026.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A board member whose trustee area boundaries are rearranged may finish the current term as that area’s representative if the stated annexation, election, and voter-approval conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72026.5. Notwithstanding any other provision of law, in any district which has annexed or annexes territory resulting in a proposal for a rearrangement of trustee areas and which holds an election pursuant to Section 72026 and a rearrangement of boundaries is approved by the voters, in the event that such rearrangement results in a trustee area having more or fewer than its allotted number of representatives, a governing board member representing a particular trustee area whose boundaries are rearranged so that he or she no longer resides within the trustee area may serve out his or her term of office as that area’s representative. Succeeding representatives shall be selected in the manner provided by law. (Added by Stats. 1977, Ch. 36.)
  135. 72027.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    When a community college district is formed, the county superintendent of schools must call and set an election for the district governing board within 30 days. The section also sets when board members take office and how long initial terms last.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72027. (a) Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts. (b) The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the second Friday in December following their election. (c) Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts. (d) The majority of the members of the first elected board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the second Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the second Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified. (Amended by Stats. 2018, Ch. 146, Sec. 4. (AB 2449) Effective January 1, 2019.)
  136. 72029.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may pass a resolution to limit campaign expenditures or contributions in elections to district offices.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72029. The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices. (Added by Stats. 1993, Ch. 8, Sec. 27. Effective April 15, 1993.)
  137. 72031.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section applies only to the Los Angeles Community College District and lets its governing board adopt a majority-vote resolution to elect members by trustee area. A trustee elected under that method must live in and be registered to vote in the trustee area represented, and is elected only by voters in that same area.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72031. The provisions of this section shall apply only to the Los Angeles Community College District. (a) Whenever in this code a section refers to a district, or to two or more districts, governed by a single governing board, or by governing boards of identical personnel, or to a district or districts in which the average daily attendance is in excess of 400,000, or makes a similar reference, all provisions of the section shall apply with equal force to both the city school district and community college district. (b) Commencing with the 2019 election for the governing board of the Los Angeles Community College District, and each election thereafter, the governing board may adopt a resolution by majority vote to enact an alternative method by which members of the governing board of the Los Angeles Community College District may be elected by trustee area. The trustee shall be required to reside and be registered to vote in the trustee area he or she seeks to represent, and the trustee shall be elected by only the registered electors of the same trustee area. Upon certification of the election, the candidate with the highest number of votes for a trustee area shall be deemed the candidate elected for that trustee area. (Amended by Stats. 2017, Ch. 243, Sec. 4. (SB 628) Effective January 1, 2018.)
  138. 72034.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section changes and clarifies when certain Santa Monica Community College District board members’ terms end and when elected members begin serving.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72034. Notwithstanding any provision of Chapter 366 of the Statutes of 1982, the terms of office of the members of the governing board of the Santa Monica Community College District whose terms were scheduled to expire in April 1985, expired in November 1984, and the terms of office of those members whose terms were scheduled to expire in April 1987, shall expire in November 1986. The terms of the members elected in November of even-numbered years shall commence on the first Tuesday following that election, and those elected shall serve for a term of four years. Each member shall continue to serve until his or her successor in office is elected and qualified. This section is declaratory of existing law. (Added by Stats. 1984, Ch. 1401, Sec. 1.)
  139. 72035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets the election and redistricting rules for the San Diego Community College District governing board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72035. Notwithstanding any other provision of law and the Charter of the City of San Diego, the number of members, the election of members, and the reapportionment of trustee areas of the governing board of the San Diego Community College District shall be conducted pursuant to this section. (a) Candidates for election as a member of the governing board of the district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the general district election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the district in the districtwide general district election shall be elected to represent that trustee area. The general district election shall be held on the same date as the statewide general election. (b) Candidates for election as members of the governing board shall do both of the following: (1) File a declaration of candidacy as provided in this code. (2) File nominating papers following the procedural and substantive requirements in Sections 10220 to 10227, inclusive, of the Elections Code, except to the extent those requirements conflict with the requirements in subdivision (a) or this paragraph. For the purposes of this paragraph, any reference to the city elections official in the Elections Code means the elections official of the county. Each candidate shall be proposed by not less than 40 nor more than 60 voters in a trustee area. (c) Each member of the governing board elected at the general district election shall hold office for a term of four years commencing on the second Friday in December next succeeding the member’s election. (d) The territory of the district shall be divided into trustee areas and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. (e) The governing board of the district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of the governing board is increased or decreased, the governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of the governing board is increased, the additional members of the governing board shall be elected at the next regular general district election of board members occurring at least 123 days after the governing board approved the increased number of board members. Prior to the next general district election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the second Friday in December following the next general district election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the second Friday in December following the second general district election succeeding their election. (f) The governing board shall adjust the boundaries of each trustee area in existence on January 1, 1992, to reflect population changes enumerated in the 1990 decennial federal census. The purpose of the adjustment is to establish trustee areas so that the population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5 and may be abolished or rearranged as otherwise provided in this code. (g) Pursuant to Sections 5019 and 5030, the county committee on school district organization may propose to the district voters that the member residing in each trustee area be elected by the registered voters of that particular trustee area. The proposal shall be submitted to the voters of the district at the next regular general district election occurring at least 123 days after the adoption of the proposal by the county committee on school district organization. If that proposal is approved by a majority of the voters voting in the election, then notwithstanding subdivision (a), there shall be no direct primary election for governing board members at the next election for members. Instead, members shall be elected at a general district election held on the same day as the statewide general election. At that general district election, board member candidates shall be elected to represent the trustee area in which they reside and are registered to vote by the registered voters of that trustee area. The candidate in each trustee area receiving the highest number of votes shall be elected. (Amended by Stats. 2019, Ch. 624, Sec. 1. (AB 1150) Effective January 1, 2020.)
  140. 72036.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may change its election system, but only under the section’s conditions and with approval from the Board of Governors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72036. Notwithstanding any other law, the governing board of a community college district may change election systems, in accordance with the provisions of this section and the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), upon the adoption by the board of trustees of a resolution in support of electing the trustees in accordance with this section and upon the approval of the Board of Governors of the California Community Colleges, as follows: (a) The governing board of a community college district may establish elections by trustee areas. In establishing trustee areas, the territory of a district shall be divided into trustee areas, and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. The governing board shall set the initial boundaries of each trustee area to reflect substantially equal population in each district as enumerated in the most recent decennial federal census. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5, and may be abolished or adjusted as otherwise provided in this code. (b) The governing board of a community college district may establish a top-two primary election system. Candidates for election as a member of a governing board of a district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the district general election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the trustee area in the district general election shall be elected to represent that trustee area. The district general election shall be held on the same date as the statewide general election. (c) The governing board of a community college district may determine the number of trustees pursuant to this subdivision. The governing board of a community college district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of a governing board is increased or decreased, a governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of a governing board is increased, the additional members of the governing board shall be elected at the next regular district general election of board members occurring at least 125 days after the governing board approved the increased number of board members. Before the next district general election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the first Friday in December following the next district general election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the first Friday in December following the second district general election succeeding their election. (d) This section shall not apply to any community college district that has been authorized by statute to provide for its own trustee elections. (Amended by Stats. 2021, Ch. 139, Sec. 6. (SB 442) Effective January 1, 2022.)
  141. 72036.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets how the Grossmont-Cuyamaca Community College District board is elected, how many members it has, and how trustee areas are drawn.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [72000 - 72036.5] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Organization of District Boards [72022 - 72036.5] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 72036.5. (a) Notwithstanding any other law, the number of members, the election of members, and the reapportionment of trustee areas of the Governing Board of the Grossmont-Cuyamaca Community College District shall be provided for pursuant to this section and in accordance with the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). (b) For purposes of this section, “district” means the Grossmont-Cuyamaca Community College District. (c) Candidates for election as a member of the governing board of the district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the district general election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the trustee area in the district general election shall be elected to represent that trustee area. The district general election shall be held on the same date as the statewide general election. (d) Each member of the governing board elected at the district general election shall hold office for a term of four years commencing on the second Friday in December following the member’s election. (e) Candidates for election as members of the governing board shall do both of the following: (1) File a declaration of candidacy as provided in this code. (2) File nominating papers following the procedural and substantive requirements in Sections 10220 to 10227, inclusive, of the Elections Code, except to the extent those requirements conflict with the requirements of subdivision (c) or this paragraph. For the purposes of this paragraph, any reference to the city elections official in the Elections Code means the elections official of the county. Each candidate shall be proposed by not less than 40 nor more than 60 voters in a trustee area. (f) The territory of the district shall be divided into trustee areas and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board of the district shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. (g) The governing board of the district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of the governing board is increased or decreased, the governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of the governing board is increased, the additional members of the governing board shall be elected at the next regular district general election of board members occurring at least 123 days after the governing board approved the increased number of board members. Prior to the next district general election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the second Friday in December following the next district general election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the second Friday in December following the second district general election succeeding their election. (h) Boundaries for trustee areas established by a resolution of the governing board of the district or adopted by the county committee on school district organization prior to January 1, 2012, to reflect population changes enumerated in the 2010 decennial federal census shall be in effect when this section becomes operative. The boundaries of each trustee area shall be set so that the population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5 and may be abolished or rearranged as otherwise provided in this code. (Amended by Stats. 2019, Ch. 624, Sec. 2. (AB 1150) Effective January 1, 2020.)
  142. 72101.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain newly formed community college districts, a governing board member election must be held on a specified March date, and the first elected members’ terms start April 1 while their predecessors’ terms end March 31.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72101. In newly formed districts for which an interim governing board is appointed by the county superintendent of schools, a governing board member election shall be held: (a) When the action necessary for the formation of a new community college district is completed on or before the first of January of any odd-numbered year, on the first Tuesday after the first Monday in March of such year. (b) When the action necessary for the formation of a new community college district is completed after the first of February of any year, whether even-numbered or odd-numbered, on the first Tuesday after the first Monday in March of the next succeeding year. The terms of the members elected at the initial election shall begin on the first day of April, and the terms of their predecessors shall expire on the 31st day of March, following the election. (Enacted by Stats. 1976, Ch. 1010.)
  143. 72102.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a board member takes office on the new board during a reorganization, they stop being a member of the old board, and the old district’s board must fill the vacancy with an eligible person.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72102. When a member of the governing board of a community college district which is being reorganized and which will cease to exist takes office as a member of the initial or interim governing board of a newly formed community college district, he or she shall cease to be a member of the governing board of the district being reorganized. The governing board of a community college district which is being reorganized shall then appoint another person who is eligible to serve on the governing board of the district being reorganized to the vacant position for the duration of the existence of the district being reorganized, but in no case for longer than 12 months. (Amended by Stats. 1990, Ch. 1372, Sec. 304.)
  144. 72103.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets eligibility rules for community college district governing board members, bars district employees from taking office unless they resign, and lets boards or district residents propose term-limit changes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72103. (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the community college district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a community college district without further qualifications. (b) (1) An employee of a community college district may not be sworn into office as an elected or appointed member of that community college district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (2) For any individual who is an employee of a community college district and an elected or appointed member of that community college district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the community college district’s governing board. This section does not apply to an individual who is usually employed in an occupation other than teaching and who also is employed part time by the community college district to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation. (c) Notwithstanding any other provision of law, the governing board of a community college district may adopt or the residents of the community college district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the community college district may serve on the governing board of a community college district. Any proposal to limit the number of terms a member of the governing board of a community college district may serve on the governing board of a community college district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the community college district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code. (Amended by Stats. 1995, Ch. 432, Sec. 3. Effective January 1, 1996.)
  145. 72104.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board member may not serve on the board of a coterminous high school district during the member’s elected term.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [72101 - 72104] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72104. No member of the governing board of a community college district shall, during the term for which he or she was elected, be eligible to serve on the governing board of a high school district whose boundaries are coterminous with those of the community college district. (Amended by Stats. 2005, Ch. 654, Sec. 3. Effective October 7, 2005.)
  146. 72121.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing board meetings are generally open to the public, with listed exceptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72121. Except as provided in Sections 54957 and 54957.6 of the Government Code and in Section 72122 of, and subdivision (c) of Section 48914 of, this code, all meetings of the governing board of any community college district shall be open to the public, and all actions authorized or required by law of the governing board shall be taken at the meetings and shall be subject to the following requirements: (a) Minutes shall be taken at all of those meetings, recording all actions taken by the governing board. The minutes are public records and shall be available to the public. (b) An agenda shall be posted by the governing board, or its designee, in accordance with the requirements of Section 54954.2 of the Government Code. Any interested person may commence an action by mandamus or injunction pursuant to Section 54960.1 of the Government Code for the purpose of obtaining a judicial determination that any action taken by the governing board in violation of this subdivision or subdivision (b) of Section 72129 is null and void. (Amended by Stats. 1986, Ch. 641, Sec. 3.)
  147. 72121.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Governing boards must adopt reasonable meeting rules so the public can place district business on agendas and address the board on agenda items.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72121.5. It is the intent of the Legislature that members of the public be able to place matters directly related to community college district business on the agenda of community college district governing board meetings, and that members of the public be able to address the board regarding items on the agenda as such items are taken up. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. Such regulations may specify reasonable procedures to insure the proper functioning of governing board meetings. This subdivision shall not preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that no action is taken by the board on such matters at the same meeting at which such testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting. (Added by Stats. 1978, Ch. 522.)
  148. 72122.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board must usually hold student-discipline matters in closed session, unless the student requests a public hearing in writing within 48 hours after notice.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72122. The governing board of a community college district shall, unless a request by the student has been made pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary action or any other action in connection with any student of the community college district, if a public hearing upon the question would lead to the giving out of information concerning students which would be in violation of state or federal law regarding the privacy of student records. Before calling a closed session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the student is a minor, notify the student and his or her parent or guardian, or the student if the student is an adult, of the intent of the governing board of the district to call and hold the closed session. Unless the student, or his or her parent, or guardian shall, in writing, within 48 hours after receipt of the written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider those matters shall be conducted by the governing board in closed session. If the written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at the meeting that might be in conflict with the right to privacy of any student other than the student requesting the public meeting or on behalf of whom the meeting is requested, shall be in closed session. Whether the matter is considered at a closed session or at a public meeting, the final action of the governing board of the community college district shall be taken at a public meeting and the result of that action shall be a public record of the community college district. The governing board of a community college district may hold closed sessions to consider the conferring of honorary degrees or to consider gifts from a donor who wants to remain anonymous. (Amended by Stats. 1990, Ch. 1372, Sec. 307.)
  149. 72129.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Special meetings can be called by the board president or by a written call signed by a majority of board members, and the meeting notice must be posted at least 24 hours in advance with required details.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Meetings and Members [72101 - 72129] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings [72121 - 72129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72129. (a) Special meetings may be held at the call of the president of the board or upon a call issued in writing and signed by a majority of the members of the board. (b) A notice of the meeting shall be posted at least 24 hours prior to the special meeting and shall specify the time and location of the meeting and the business to be transacted and shall be posted in a location that is freely accessible to members of the public and district employees. (Amended by Stats. 1986, Ch. 641, Sec. 4.)
  150. 72203.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A board member with a deferred resignation keeps all board powers until the resignation takes effect, but cannot vote for a successor in a provisional appointment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72203.5. A member of the governing board of a community college district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091. (Added by Stats. 1978, Ch. 267.)
  151. 72205.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may accept gifts, donations, bequests, or devises without state agency approval first.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72205. The approval of any state agency shall not be a prerequisite to acceptance by the governing board of any community college district of a gift, donation, bequest, or devise. No real or personal property, including money, accepted by a governing board pursuant to this section shall be considered in determining the eligibility of the district for an apportionment from the State School Fund nor in determining the amount thereof. (Added by Stats. 1993, Ch. 8, Sec. 28. Effective April 15, 1993.)
  152. 72207.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may secure copyrights for district-developed copyrightable works, and the related royalties or revenue must benefit that district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72207. The governing board of a community college district may secure copyrights, in the name of the district, to all copyrightable works developed by the district, and royalties or revenue from said copyrights are to be for the benefit of the district securing said copyrights. (Enacted by Stats. 1976, Ch. 1010.)
  153. 72208.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The regional accrediting agency must report certain accreditation decisions and policy changes to legislative subcommittees, and the Chancellor’s Office must help ensure the required information is provided.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [72203.5 - 72208] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72208. (a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. (b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). (c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due. (Amended by Stats. 2015, Ch. 623, Sec. 2. (AB 404) Effective January 1, 2016.)
  154. 72330.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. )

    Verify source ↗

    A community college district board may create a campus police department, hire personnel, and set up a reserve officer program; if it does so, it must set minimum qualifications for the police chief.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. ) ## 72330. (a) The governing board of a community college district may establish a community college police department under the supervision of a community college chief of police and, in accordance with Chapter 4 (commencing with Section 88000) of Part 51, may employ personnel as necessary to enforce the law on or near the campus of the community college and on or near other grounds or properties owned, operated, controlled, or administered by the community college or by the state acting on behalf of the community college. Each campus of a multicampus community college district may designate a chief of police. (b) The governing board of a community college district that establishes a community college police department under subdivision (a) may also establish a police reserve officer program to supplement that police department. (c) Persons employed and compensated as members of a community college police department, when so appointed and duly sworn, are peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (d) The governing board of a community college district that establishes a community college police department shall set minimum qualifications of employment for the community college chief of police, including, but not limited to, prior employment as a peace officer or completion of any peace officer training course approved by the Commission on Peace Officer Standards and Training. A chief of security or chief of police shall be required to comply with the prior employment or training requirement set forth in this subdivision as of January 1, 1993, or a date one year subsequent to the initial employment of the chief of security or chief of police by the community college district, whichever occurs later. This subdivision may not be construed to require the employment by a community college district of any additional personnel. (Amended by Stats. 2003, Ch. 292, Sec. 2. Effective January 1, 2004.)
  155. 72330.2.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. )

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    Certain California community college police employees must provide fingerprints and meet eligibility determinations to keep their jobs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. ) ## 72330.2. Every member of a California Community College police department first employed by a California Community College district before July 1, 1999, shall, in order to retain his or her employment, fulfill both of the following conditions: (a) The employee shall submit to the district one copy of his or her fingerprints on forms prescribed by the Department of Justice. The Department of Justice shall forward this copy to the United States Federal Bureau of Investigation. (b) The employee shall be determined to be a person who is not prohibited from employment by the California Community College district, and, if the employee is required to carry a firearm, shall be determined by the Department of Justice to be a person who is not prohibited from possessing a firearm. The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this section relating to firearms. (Added by Stats. 1998, Ch. 746, Sec. 2. Effective January 1, 1999.)
  156. 72330.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. )

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    Community college district school security officers must complete specified training, and districts must provide that training and follow fingerprint/background-check steps before employing a security officer.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. ) ## 72330.5. (a) It is the intent of the Legislature to ensure the safety of students, staff, and the public on or near California’s community colleges, by providing community college security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter. (b) (1) Every school security officer employed by a community college district shall complete the latest course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.45 of the Business and Professions Code. If a community college security officer subject to the requirements of this subdivision is required to carry a firearm while employed, that security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code. (2) A community college district shall provide the training required pursuant to this subdivision to all school security officers who are employees of the community college district. A community college district shall provide the training during the employee’s regular work hours, unless otherwise negotiated and mutually agreed upon with the employee’s exclusive representative. (3) This subdivision does not require a community college district to provide training to security guards who are not employees of the community college district, including security guards who work on the property of the community college district pursuant to a contract with a private licensed security agency. A community college district that contracts for security services shall comply with the requirements of Section 88003.1. (4) This subdivision shall not apply to a school security officer employed by a community college district who works 20 or fewer hours per week as a school security officer until July 1, 2021. (c) For purposes of this chapter, “security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by the community college district to protect persons or property or to prevent the theft or unlawful taking of community college district property of any kind or to report any unlawful activity to the community college district and local law enforcement. (d) (1) A security officer shall not be employed and shall not continue to be employed by a community college district until both of the following conditions have been met: (A) (i) The applicant or employee has submitted to the community college district two copies of their fingerprints on forms or electronically, as prescribed by the Department of Justice. The community college district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation. (ii) An applicant or employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of their fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation. (iii) An applicant or employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision. (B) The applicant or employee has been determined not to be a person legally prohibited from employment by the community college and has been determined by the Department of Justice not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm. (2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms. (Amended by Stats. 2019, Ch. 475, Sec. 3. (SB 390) Effective January 1, 2020.)
  157. 72331.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. )

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    Community college police members must be provided a badge and identification card, and the governing board may require uniforms and must pay for them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. ) ## 72331. Every member of a community college police department shall be supplied with, and authorized to wear, a badge bearing the words “Community College Police”, prefaced by the name of the district, and shall be issued a suitable identification card bearing his or her physical description, photograph, and authority for peace officer status, and such other identification data as may be required by local law enforcement agencies, countersigned by the chief administrative officer of the district. The governing board may direct the wearing of a distinctive uniform and shall prescribe such a uniform. The governing board shall pay for the required uniforms, equipment, identification cards, and badges. (Amended by Stats. 1981, Ch. 470, Sec. 78.)
  158. 72332.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. )

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    A police department member may equip and operate a vehicle as an authorized emergency vehicle when using it in the performance of duties.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Powers and Duties [72203.5 - 72332] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. College Police [72330 - 72332] ( Heading of Article 2 renumbered from Article 6 by Stats. 1993, Ch. 8, Sec. 30. ) ## 72332. Any vehicle, when operated in the performance of his or her duties by any member of the police department, is an authorized emergency vehicle and may be equipped and operated as such as provided by the Vehicle Code. (Amended by Stats. 1981, Ch. 470, Sec. 79.)
  159. 72400.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    Each community college district governing board must set and prescribe the duties of all persons working in community college service in the district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72400. The governing board of each community college district shall fix and prescribe the duties to be performed by all persons in community college service in the district. (Amended by Stats. 1981, Ch. 470, Sec. 82.)
  160. 72401.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    Community college district governing boards may allow a person to serve as a nonteaching volunteer aide under supervision, but volunteer aides cannot be used to replace classified employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72401. (a) Notwithstanding any other provisions of law, any person may be permitted by the governing board of any community college district to serve as a nonteaching volunteer aide under the immediate supervision and direction of the academic personnel of the district to perform noninstructional work that serves to assist the academic personnel in the performance of teaching and administrative responsibilities. A nonteaching volunteer aide shall not be an employee of the district, and shall serve without compensation of any type or other benefits accorded to employees of the district, except as provided in Section 3364.5 of the Labor Code. (b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu thereof. (c) Volunteer aides may be used to enhance a district’s educational program, but not to displace classified employees, nor to allow districts to utilize volunteers in lieu of normal employee requirements. (Amended by Stats. 2005, Ch. 654, Sec. 4. Effective October 7, 2005.)
  161. 72403.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    Each community college district governing board must annually choose one of its members as its representative at the initial meeting.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72403. The governing board of each community college district shall annually at its initial meeting select one of its members to serve as its representative for purposes of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. The representative selected pursuant to this section shall have one vote for each member to be elected to the county committee pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. (Added by Stats. 1983, Ch. 1095, Sec. 5. Effective September 27, 1983.)
  162. 72411.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    The governing board must employ educational administrators by appointment or contract, give required nonrenewal notices, and may terminate and reemploy administrators in some cases.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72411. (a) Every educational administrator shall be employed, and all other administrators may be employed, by the governing board of the district by an appointment or contract of up to four years in duration. The governing board of a community college district, with the consent of the administrator concerned, may at any time terminate, effective on the next succeeding first day of July, the term of employment of, and any contract of employment with, the administrator of the district, and reemploy the administrator, on any terms and conditions as may be mutually agreed upon by the board and the administrator, for a new term to commence on the effective date of the termination of the existing term of employment. (b) If the governing board of a district determines that an administrator is not to be reemployed by appointment or contract in his or her administrative position upon the expiration of his or her appointment or contract, the administrator shall be given written notice of this determination by the governing board. For an administrator employed by appointment or contract, the term of which is longer than one year, the notice shall be given at least six months in advance of the expiration of the appointment or contract unless the contract or appointment provides otherwise. For every other administrator, notice that the administrator may not be reemployed by appointment or contract in his or her administrative position for the following college year shall be given on or before March 15. (c) If the governing board fails to reemploy an administrator by appointment or contract in his or her administrative position and the written notice provided for in this section has not been given, the administrator shall, unless the existing appointment or contract provides otherwise, be deemed to be reemployed for a term of the same duration as the one completed with all other terms and conditions remaining unchanged. (d) Subdivisions (b) and (c) do not apply to any administrator who holds a position that is funded for less than a college year, is assigned to an acting position whose continuing right to hold the position depends on being selected for the position on a regular basis, is terminated pursuant to Section 87743, 88017, or 88127, or is dismissed for cause. (Amended by Stats. 1991, Ch. 1038, Sec. 5. Effective October 14, 1991.)
  163. 72411.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    Administrators generally serve in their assignment at the pleasure of the governing board, unless they have an express appointment or contract under Section 72411.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72411.5. In the absence of an express appointment or contract as provided in Section 72411, every administrator shall serve in his or her administrative assignment at the pleasure of the governing board. The dismissal of, and imposition of penalties for cause on, an administrator employed by appointment or contract pursuant to Section 72411 shall, if the administrator does not have tenure as a faculty member, be in accordance with the terms of the appointment or contract of employment. If the administrator has tenure as a faculty member, the dismissal of, and imposition of penalties for cause on, the administrator shall be in accordance with the provisions applicable to faculty members. (Amended by Stats. 1995, Ch. 758, Sec. 84. Effective January 1, 1996.)
  164. 72423.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. )

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    Each community college district board must pay the travel expenses of its representatives when they are carrying out services the board directed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Officers and Agents [72400 - 72423] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## 72423. The governing board of each community college district shall provide for the payment of the travel expenses of any representatives of the board when performing services directed by the board. (Amended by Stats. 1990, Ch. 1372, Sec. 345.)
  165. 72500.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district’s governing board is liable for the district’s debts and contracts within the available district moneys for that college year, but the district is not liable for debts or contracts made in violation of this section.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72500. The governing board of any community college district is liable in the name of the district for all debts and contracts, including the salary due any instructor not made in excess of the moneys accruing to the district and usable for the purposes of the debts and contracts during the college year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section. For the purposes of this section, moneys transferred to the funds of a newly organized district pursuant to Section 85223 are deemed district moneys accruing to the district and usable for the purposes of contracts made for the college year preceding the date the district became effective for all purposes. (Amended by Stats. 1990, Ch. 1372, Sec. 346.)
  166. 72502.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Claims for money or damages against a district are governed by specified Government Code provisions, unless an exception or another expressly applicable law or regulation applies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72502. All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.)
  167. 72506.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board must ensure certain liability coverage, and it may use approved insurers, volunteer coverage, or its own funds instead of or alongside insurance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72506. (a) Action taken by any governing board of a community college district to procure insurance shall be governed by the authority of Sections 70902 and 75003 and, where applicable, by Sections 989 to 991.2, inclusive, of the Government Code. However, the governing board of any community college district shall ensure against all of the following: (1) The liability, other than a liability which may be insured against under Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property. (2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer, or employee when acting within the scope of their office or employment. (b) The insurance may be written by any insurance company authorized to transact the business of insurance in the state, or by a nonadmitted insurer to the extent, and subject to the conditions, prescribed by Section 1763 of the Insurance Code. (c) Notwithstanding paragraph (2) of subdivision (a), the governing board of any community college district may provide for persons authorized by the governing board to perform volunteer services for the district, insurance coverage which is the same as, or comparable to, that provided for employees of the district including coverage under Division 4 (commencing with Section 3200) of the Labor Code. (d) The governing board of a community college district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies, as provided in this section. The governing board may also provide protection against the liability partly by means of its own funds and partly by means of insurance written by insurance companies, as provided in this section. (Amended by Stats. 2019, Ch. 497, Sec. 84. (AB 991) Effective January 1, 2020.)
  168. 72507.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may insure against losses caused by employees or officers instead of providing indemnity bonds, if the insurance gives the district the same or greater protection.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72507. Notwithstanding the requirement to provide for indemnity bonds pursuant to Section 85266.5, the governing board of a community college district may, in lieu thereof, insure against all losses caused by an employee or an officer of a community college district if the insurance gives the same or greater protection to the community college district that a bond would provide in indemnifying the community college districts against any loss caused by the employee or officer of the community college district. (Added by Stats. 1994, Ch. 330, Sec. 2. Effective January 1, 1995.)
  169. 72508.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board that runs automobile driver training must tell parents, guardians, or custodians of participating minors certain information about the minor’s civil liability and the district’s insurance coverage.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Liabilities [72500 - 72508] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 72508. The governing board of any community college district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of minors of the district participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each of the following: (a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle. (b) The insurance coverage carried by the community college district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed. (Enacted by Stats. 1976, Ch. 1010.)
  170. 72530.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Corrupt Practices [72530 - 72533] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Offering a valuable thing to a community college district governing board member to influence official action, or a member accepting a valuable thing with corrupt intent, is a misdemeanor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Corrupt Practices [72530 - 72533] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72530. (a) The offering of any valuable thing to any member of the governing board of any community college district, with the intent to influence his or her action in regard to the granting of any instructor’s certificate, the appointment of any instructor, superintendent, or other officer or employee, the adoption of any textbook, or the making of any contract to which the board of which he or she is a member is a party, or the acceptance by any member of the governing board of any valuable thing, with corrupt intent, is a misdemeanor. (b) Any contract or appointment obtained from the governing board of any community college district by corrupt means is void. (Amended by Stats. 1990, Ch. 1372, Sec. 348.)
  171. 72533.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Corrupt Practices [72530 - 72533] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section makes specified Government Code prohibitions apply to community college district governing board members and certain citizens’ oversight committee members.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Corrupt Practices [72530 - 72533] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72533. The prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code are applicable to members of governing boards of community college districts and to members of citizens’ oversight committees appointed by those governing boards pursuant to Chapter 1.5 (commencing with Section 15264) of Part 10. (Amended by Stats. 2000, Ch. 44, Sec. 5. Effective January 1, 2001.)
  172. 72620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may provide counseling programs, and may contract for counseling services, but it may not contract below cost to a private school or private agency.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72620. The governing board of a community college district may provide in each college within the district an organized and functioning counseling program. Counseling shall include, but not be limited to, all of the following: (a) Educational counseling in which the student is assisted in planning and implementing his or her immediate and long-range educational program. (b) Career counseling in which the student is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions. The career counseling shall include encouraging students, including women and minorities, to seek apprenticeship training. (c) Personal counseling in which the student is helped to develop his or her ability to function with social and personal responsibility. (d) Evaluating and interpreting test data. (e) Counseling and consultation with parents and staff members on learning problems and guidance programs for students. For purposes of this section, a person performing counseling services to students shall be qualified as a counselor pursuant to Section 87355 or 87356. A governing board of a community college district, which offers these counseling services, may contract with the governing boards of any other districts, or private schools, or other public and private agencies or organizations, to render the counseling services. In so contracting, the governing board of a community college district shall not contract at less than cost to a private school, or private agency or organization. Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a community college district, and supervised by a district counselor, from advising students pursuant to the organized advisory program. Notwithstanding any provisions of this section to the contrary, any person who is performing these counseling services pursuant to law authorizing the performance thereof in effect before March 4, 1972, shall be authorized to continue to perform such services on and after March 4, 1972, without compliance with the additional requirements imposed by this section. (Amended by Stats. 1995, Ch. 758, Sec. 86. Effective January 1, 1996.)
  173. 72620.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts may provide counseling and matriculation services for certain students if funding is provided in the annual Budget Act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72620.5. Commencing with the 1997–98 fiscal year, community college districts, to the extent that funding is provided in the annual Budget Act, may provide counseling and matriculation services for students enrolled in credit courses and students enrolled in noncredit courses, according to a welfare-to-work plan as provided in Section 11325.21 of the Welfare and Institutions Code. (Added by Stats. 1997, Ch. 270, Sec. 16. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  174. 72621.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Student counseling information is confidential, and school counselors generally may not disclose it except in listed situations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Counseling Services [72620 - 72621] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 72621. Any information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 72620 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a student who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 72620 is confidential. The information shall not become part of the student record, as defined in Section 76210, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows: (a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the college nurse, for the sole purpose of referring the student for treatment. (b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (c) Reporting information to the chief administrative officer or parents of the student when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or the following other persons living in the school community: administrators, teachers, school staff, parents, students, and other school community members. (d) Reporting information to the chief administrative officer, other persons inside the college, as necessary, the parents of the student, and other persons outside the school when the student indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will or has been committed. (e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the student and preserved in the student’s file. Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the student when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the student. Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding. Nothing in this section shall be deemed to limit access to pupil records as provided in Section 76243. Nothing in this section shall be deemed to limit the counselor from conferring with other staff members, as appropriate, regarding modification of the student’s academic program. It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, staff members, and others. No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential. As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counseling. (Amended by Stats. 1981, Ch. 1152, Sec. 3.)
  175. 72670.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    A community college district governing board may establish auxiliary organizations to provide supportive services and specialized programs for the benefit of the college or colleges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72670. The governing board of a community college district may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges. As used in this article, “auxiliary organization” may include, but is not limited to, the following entities: (a) Any entity in which any official of a community college district participates as a director as part of his or her official position. (b) Any entity formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47. (c) Any entity which operates a commercial service for the benefit of a community college or district on a campus or other property of the district. (d) Any entity whose governing instrument provides in substance both of the following: (1) Its purpose is to promote or assist a community college or district, or to receive gifts, property and funds to be used for the benefit of the community college or district or any person or organization having an official relationship therewith. (2) Any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the governing board of the district, an official of the district, or selected, ex officio, from the membership of the student body or the faculty or the governing board or the administrative staff of the district. (e) Any entity which is designated as an auxiliary organization by the district governing board. (Amended by Stats. 1981, Ch. 470, Sec. 105.)
  176. 72670.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    The Board of Governors may establish auxiliary organizations to support California Community Colleges, and related agreements must provide full reimbursement for board employee services.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72670.5. (a) The Board of Governors of the California Community Colleges may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of the mission of the California Community Colleges. (b) As used in this article: (1) “Auxiliary organization” may include, but is not limited to, the following entities: (A) Any entity whose governing instrument provides in substance both of the following: (i) That its purpose is to promote or assist the Board of Governors of the California Community Colleges, or to receive gifts, property, and funds to be used for the benefit of the Board of Governors of the California Community Colleges or any person or organization having an official relationship therewith. (ii) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the Board of Governors of the California Community Colleges or an official of the California Community Colleges, or selected, ex officio, from the membership of the Board of Governors or the administrative staff of the California Community Colleges. (B) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the Board of Governors of the California Community Colleges. (2) “District governing board” includes the Board of Governors of the California Community Colleges, unless the context requires otherwise. (c) Any agreement between the Board of Governors of the California Community Colleges and an auxiliary organization established pursuant to this section shall provide for full reimbursement from the auxiliary organization to the Board of Governors of the California Community Colleges for any services performed by the employees of the board under the direction of, or on behalf of, the auxiliary organization. (Added by Stats. 1998, Ch. 954, Sec. 15. Effective January 1, 1999.)
  177. 72671.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    An auxiliary organization may enter into a joint powers agreement with a federal, state, or local governmental entity.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72671. An auxiliary organization may enter into a joint powers agreement with any federal, state, or local governmental entity pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  178. 72672.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Auxiliary organizations must select a CPA, get annual audits, publish audited financial statements, and follow district and state oversight rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72672. (a) A certified public accountant shall be selected by each auxiliary organization described in Section 72670. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant. In accordance with procedures prescribed by the Board of Governors of the California Community Colleges, such certified public accountant shall annually audit any and all community college auxiliary funds. The auxiliary organizations shall contract for and receive such audit annually, and shall submit such audit to the district governing board and to the board of governors. Auxiliary organizations shall annually publish an audited statement of their financial condition which shall be disseminated as widely as feasible and be available to any person on request. When an auxiliary organization primarily serves a single community college of the district, publication in the campus student newspaper shall be deemed compliance with this requirement. When an auxiliary organization serves the district governing board, distribution of the published audited statement of its financial condition at a regularly scheduled meeting of the district governing board shall be deemed compliance with this requirement. (b) When an auxiliary organization primarily serves a single community college of the district, the president of that community college, and when an auxiliary organization primarily serves a district, the superintendent of the district, shall be responsible for ascertaining that all expenditures are in accordance with policies of the district governing board, the propriety of all expenditures, and the integrity of the financial reporting made by auxiliary organization. (c) The purposes and operations of an auxiliary organization shall be conducted in conformity with general regulations established by the board of governors and with implementing regulations which shall be established by each district governing board prior to the establishment of an auxiliary organization. The implementing regulations established by a district shall be submitted to, and approved by, the chancellor’s office prior to the recognition of an auxiliary organization by that district. At such time as a district may recognize an auxiliary organization, it shall submit a copy of the articles of incorporation, bylaws, or other governing instruments of the auxiliary organization to the chancellor’s office. The accounting procedures of such auxiliary organizations shall be comparable to those that govern the auxiliary organizations established under Chapter 7 (commencing with Section 89900) of Part 55. The regulations shall include provisions requiring the governing board of each auxiliary organization to provide salaries, working conditions and benefits for the full-time employees of each auxiliary organization which are comparable to those provided district employees performing similar services; provided, however, that the regulations may permit retirement benefits, or permanent status benefits, or both, to be withheld from temporary and executive employees of each auxiliary organization. For the purposes of this subdivision, a “temporary employee” is (1) an employee employed for a research project, workshop, institute, or other special project funded by any grant, contract, or gift; or (2) an employee whose contract of employment is for a fixed term not exceeding three years. For the purposes of this subdivision, an “executive employee” is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, business managers, directors, and similar positions. For those full-time employees whose duties are not comparable to classes in the district, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. (d) Retirement benefits may be provided by other than the Public Employees’ Retirement System. A contract for participation in the Public Employees’ Retirement System in accordance with the terms and conditions of the public employees’ retirement law shall be deemed to satisfy fully the requirements of subdivision (c) with respect to retirement. Notwithstanding subdivision (c), the regulations established by the district governing board may exempt the board of directors of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date that the auxiliary organization is established. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  179. 72673.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Certain student and alumni organizations are exempt from this article unless they are established as auxiliary organizations under it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72673. Student body organizations not formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47; student or faculty societies, social clubs, fraternities, and sororities; and alumni associations shall be exempt from the provisions of this article, unless any such organization, society, club, fraternity, sorority, or association has been established as an auxiliary organization pursuant to the provisions of this article. This section shall not be construed to alter or limit the powers of the district governing board to establish rules and regulations governing organizations which maintain an official relationship with a college or district or which uses the name or facilities of the college or district. (Amended by Stats. 1981, Ch. 470, Sec. 106.)
  180. 72674.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Auxiliary organizations must have a board set under district board regulations, hold at least one business meeting each quarter, get advice from an attorney and CPA, keep business meetings public, and may not accept grants or gifts unless they are restricted to district-policy purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72674. Each auxiliary organization formed pursuant to this article, shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the district governing board. Each board of directors shall, during each fiscal year, hold at least one business meeting each quarter. The board of directors shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board of directors. No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the district governing board. Each board of directors of an auxiliary organization shall conduct its business in public meetings in accordance with the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of the Government Code. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  181. 72675.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Auxiliary organization directors must approve expenditures and fund appropriations, and the district governing board must set accounting, financial, and transaction-control procedures for auxiliary organizations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72675. (a) The board of directors of an auxiliary organization shall approve all expenditures and fund appropriations. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with district policy and regulations by an officer designated by the district governing board. (b) The district governing board, in accordance with regulations of the Board of Governors of the California Community Colleges, shall do all of the following: (1) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of these auxiliary organizations. (2) Implement financial standards that will ensure the fiscal viability of these various auxiliary organizations. The standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements. (3) Institute procedures to ensure that transactions of the auxiliary organizations are within the educational mission of the district. (4) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement paragraph (2). Uses of these funds shall be regularly reported to the district governing board. (Amended by Stats. 2005, Ch. 654, Sec. 6. Effective October 7, 2005.)
  182. 72676.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Auxiliary organizations operating campus commercial services must keep those services self-supporting and must use any surplus funds only for purposes consistent with district governing board regulations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72676. Operations of commercial services on a campus, such as a food service or bookstore, or such commercial services as may be provided in a student union, shall, when operated by an auxiliary organization, be self-supporting. Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the district governing board. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  183. 72677.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    A member of an auxiliary organization’s board of directors must not have a financial interest in contracts or transactions the board enters into.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72677. No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he or she is a member. Any contract or transaction entered into in violation of this section is void. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  184. 72678.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    A board’s contract or transaction is not void, and a board member is not disqualified or guilty of misconduct, if the financial interest is disclosed or known, noted in the minutes, approved in good faith without counting the interested vote, and the deal is just and reasonable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72678. No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Section 72677; nor shall any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met: (a) The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members. (b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  185. 72679.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    Section 72678 does not apply in several listed conflict-of-interest situations involving an auxiliary organization and its board members.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72679. The provisions of Section 72678 shall not be applicable if any of the following conditions are met: (a) The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization. (b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest. (c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock. (d) A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Section 72677, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  186. 72680.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    A person must not use nonpublic information obtained through membership on an auxiliary organization’s board for personal profit.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72680. It is unlawful for any person to utilize any information, not a matter of public record, which is received by the person by reason of his or her membership on the board of directors of an auxiliary organization, for personal pecuniary gain, regardless of whether he or she is or is not a member of the board at the time such gain is realized. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
  187. 72682.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. )

    Verify source ↗

    An auxiliary organization that existed on August 31, 1980, must keep operating under the older version of Article 6 until it is recognized under this article, if that ever happens.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Auxiliary Organizations [72670 - 72682] ( Article 6 repealed and added by Stats. 1980, Ch. 858, Sec. 2. ) ## 72682. An auxiliary organization that was in existence on August 31, 1980, shall continue to operate under Article 6 (commencing with Section 72670) of Chapter 6 of Part 45, as it read immediately prior to August 30, 1980, until the time, if any, that the organization is recognized pursuant to this article. (Amended by Stats. 2005, Ch. 654, Sec. 7. Effective October 7, 2005.)
  188. 72690.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

    Verify source ↗

    The section declares that access to information about the people’s business is a fundamental right, and says records of certain community college auxiliary organizations must be balanced against privacy and fiduciary interests.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72690. The Legislature finds and declares all of the following: (a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state. (b) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges promote and assist the colleges by engaging in activities that are essential and integral to the mission and purpose of the California Community Colleges. (c) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges are legally separate from the California Community Colleges. (d) Access to records used, owned, or maintained by these auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  189. 72691.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

    Verify source ↗

    This section defines “auxiliary organization” and “identifiable writing” for the article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72691. For purposes of this article, the following terms have the following meanings: (a) “Auxiliary organization” means those entities defined in Sections 72670 and 72670.5. (b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  190. 72692.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

    Verify source ↗

    Auxiliary organizations must let the public inspect or copy their records during office hours, promptly provide requested copies for reasonable requests, and help people make focused requests.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72692. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law. (b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records. (c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  191. 72693.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

    Verify source ↗

    An auxiliary organization must respond to a written records request within 10 calendar days, and in some cases may extend the deadline by up to 14 days with written notice.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72693. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor. (b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available. (2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein. (D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial. (e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  192. 72694.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    Auxiliary organizations must provide certain electronic records on request, with costs generally limited to direct duplication costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72694. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following: (1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information. (2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies: (1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format. (d) Nothing in this section shall be construed to do any of the following: (1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format. (2) Permit an auxiliary organization to make a record available only in an electronic format. (3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained. (4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  193. 72695.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    This section says an auxiliary organization does not have to disclose information that is exempt from disclosure under the referenced Government Code provisions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72695. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 76. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  194. 72696.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    Auxiliary organizations generally may not disclose certain donor, volunteer, fundraising, student, and alumni records, but some donation-related records and other listed situations must still be disclosed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72696. (a) Notwithstanding any other law, the following records maintained by an auxiliary organization shall not be subject to disclosure: (1) Information that would disclose the identity of a donor, prospective donor, or volunteer. (2) Personal financial information, estate planning information, and gift planning information of a donor, prospective donor, or volunteer. (3) Personal information related to a donor’s private trusts or a donor’s private annuities administered by an auxiliary organization. (4) Information related to fundraising plans, fundraising research, and solicitation strategies to the extent that these activities are not already protected under Section 99040, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, Section 1060 of the Evidence Code, or Section 7927.705 of the Government Code. (5) The identity of students and alumni to the extent that this information is already protected under state and federal statutes applicable to the California Community Colleges. This paragraph shall not apply to a part-time or full-time employee of the auxiliary organization, or to a student who participates in a legislative body of a student body organization that operates on a campus of a California community college. (b) Subdivision (a) shall not be construed to exempt from disclosure records that contain information regarding any of the following: (1) The amount and date of a donation. (2) Any donor-designated use or purpose of a donation. (3) Any other donor-imposed restrictions on the use of a donation. (4) (A) The identity of a donor who, in any fiscal year, makes a gift or gifts, in a quid pro quo arrangement, where either the value of the benefit received is in excess of two thousand five hundred dollars ($2,500) or the benefit would be impermissible under state or federal law. In these circumstances, records pertaining to the gift or gifts maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (B) Annually, on January 1, the monetary threshold set forth in subparagraph (A) shall be adjusted upward or downward to reflect the percentage change in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics, rounded off to the nearest one thousand dollars ($1,000). (5) Self-dealing transactions, including, but not limited to, loans of money or property, or material financial interests of or between auxiliary officers or directors and an auxiliary organization, as set forth in Sections 5233 and 5236 of the Corporations Code. In these circumstances, records pertaining to the self-dealing transactions maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (6) Any instance in which a volunteer or donor of a gift is awarded, within five years of the date of the service or gift, a contract from the university or auxiliary organization that was not subject to competitive bidding. In these circumstances, records pertaining to the service or gift maintained by an auxiliary organization that would otherwise be exempt from disclosure under paragraph (1) of subdivision (a) shall be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 77. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  195. 72696.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    Trade secrets must not be disclosed, and they must be redacted from auxiliary organization records before disclosure.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72696.5. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure. (b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use. (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  196. 72697.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    Any person may bring court proceedings to enforce a right to inspect or get copies of certain records, and the judge must set pleading and hearing times to reach a decision quickly.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72697. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  197. 72698.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    A court can order disputed auxiliary-organization records disclosed or require the withholding party to explain itself, and later review is by petition within a short deadline.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72698. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow. (b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure. (c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  198. 72699.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    If an auxiliary organization discloses a record it keeps that is otherwise exempt, that disclosure waives the exemptions in this article, except for listed disclosures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72699. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article. (b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization. (c) Subdivision (a) shall not apply to the following disclosures: (1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization. (2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization. (3) Disclosures made through other legal proceedings or as otherwise required by law. (4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes. (5) Disclosures described in subdivision (a) of Section 72696 to an auditor conducting an audit. (6) Disclosures described in subdivision (a) of Section 72696 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services. (Amended by Stats. 2012, Ch. 162, Sec. 41. (SB 1171) Effective January 1, 2013.)
  199. 72700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    A contract clause that blocks required disclosures under this article is void and unenforceable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72700. Any provision in a contract entered into after the effective date of this article between an auxiliary organization and another party that would prevent the disclosure of information required to be disclosed pursuant to this article is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this article. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
  200. 72701.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. )

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    This article does not apply to records subject to a California Public Records Act request.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] ( Part 45 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] ( Article 7 added by Stats. 2011, Ch. 247, Sec. 1. ) ## 72701. This article shall not apply to any records subject to a request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 78. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

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