Education Code — Part 45 | EDC — United States — California law | Esheria

Education Code

Part 45 of 57 · provisions 8,801–9,000

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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. 73.

    ## 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 provision says that masculine wording includes the feminine.

    ## 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. ) ## 73. The masculine gender includes the feminine. (Enacted by Stats. 1976, Ch. 1010.)
  2. 73.2.

    ## 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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    “Spouse” includes “registered domestic partner” for this code section.

    ## 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. ) ## 73.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 27. (SB 1005) Effective January 1, 2017.)
  3. 74.

    ## 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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    This section says that singular words include the plural, and plural words include the singular.

    ## 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. ) ## 74. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1976, Ch. 1010.)
  4. 74000.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    The Legislature states that all state territory should be included in a community college district, except certain county territory meeting a low-average-daily-attendance condition.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74000. The Legislature hereby declares as its policy that all of the territory of the state shall be included within a community college district, except that territory located within a county where the county residents accounted for fewer than 350 units of average daily attendance in the state’s community colleges during the preceding fiscal year. The territory located within such a county may be included within a community college district pursuant to the procedures prescribed by Article 2 (commencing with Section 74130) of Chapter 2. (Amended by Stats. 1990, Ch. 1372, Sec. 361.)
  5. 74001.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    Starting January 1, 1983, specified provisions apply to community college district reorganization actions, with references to the State Board of Education treated as references to the Board of Governors of the California Community Colleges for that purpose.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74001. On and after January 1, 1983, the provisions of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3 and Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21 shall apply to actions to reorganize community college districts, as may be applicable, except that whenever any reference is made to the State Board of Education in those provisions the reference shall be deemed, for the purpose of community college district reorganization, to be the Board of Governors of the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 362.)
  6. 74012.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    This section defines “component school district” and “nondistrict territory” for community college district reorganization or formation.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74012. (a) “Component school district” means a high school or unified school district which is included within a community college district. (b) “Nondistrict territory” means a high school or unified school district which is not included within any community college district. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  7. 74013.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    This section defines “former district” as a district that has been wholly included in another 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74013. “Former district” means a district which has been wholly included in another district. The boundaries of a former district are those of the district as it existed immediately prior to being wholly included in another district. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  8. 74014.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    This section defines “action to reorganize districts” as certain changes to community college district boundaries, including transfers, annexations, forming a new district, or other boundary 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74014. An “action to reorganize districts” means an action to transfer all or part of a district to another district, to annex nondistrict territory to a district, to form a new district, or to otherwise alter the boundaries of a community college district, or any combination of such actions. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  9. 74015.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    This section defines “county committee” for this code 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74015. “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000) of Chapter 1 of Part 3, or the county board of education, organized and acting as provided for in Article 2 (commencing with Section 4020) of Chapter 1 of Part 3, and performing the duties as described in Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  10. 74016.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    This section defines “affected districts” for district reorganization matters.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Definitions [74012 - 74016] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74016. “Affected districts” means any component school district or nondistrict territory within the territory to be transferred, annexed, or formed, or both, or any community college district subject to an action to reorganize districts. (Added by Stats. 1986, Ch. 964, Sec. 3.)
  11. 74100.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    A district reorganization by territory transfer starts when a petition is filed with the county superintendent of schools, and the petition must be signed by one of the listed approving 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74100. An action to reorganize one or more districts by the transfer of territory to another district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to reorganize districts by the transfer of territory to another district shall be signed by either of the following: (a) Where the petition is to transfer territory currently located in one district, at least 25 percent of the registered voters residing in the territory proposed to be transferred shall sign the petition. Where the petition is to transfer territory currently located in two or more districts, at least 25 percent of the registered voters residing in the territory proposed to be transferred in each district shall sign the petition. (b) A majority of the members of each of the governing boards of the districts which would be affected by the proposed reorganization. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  12. 74102.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    For a district transfer reorganization petition, no more than three petitioners may be designated as chief petitioners to receive notice of public hearings.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74102. In any petition to reorganize districts by transfer, there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  13. 74103.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    People collecting signatures for a petition to reorganize districts must attach an affidavit confirming the signatures were made in their presence and are genuine.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74103. The persons securing the signatures to a petition of electors to reorganize districts shall attach thereto an affidavit that all persons who signed the petition did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  14. 74104.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    The county superintendent of schools must review and transmit a petition within 30 days, and may use a direct transmission process for minor district-boundary changes under a 5% population threshold.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74104. Upon receipt of the petition, the county superintendent of schools shall transmit a copy of the petition to the board of governors. The county superintendent of schools, within 30 days after the petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to the county committee, the governing board of each affected district, and the board of governors. Notwithstanding any provision of this article to the contrary, if the transfer involves a minor change in district boundaries, defined as a transfer of territory involving less than 5 percent of the adult population of the district from which the transfer is being made, the petition may be transmitted directly to the county board of supervisors by the county superintendent of schools, without submission to the county committee on school district organization. The procedure specified in this paragraph may not be utilized more than once every five years. (Amended by Stats. 1990, Ch. 1372, Sec. 371.)
  15. 74105.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

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    The county committee must hold one or more public hearings on the petition within 90 days after receiving it, and notice of the hearing must be given at least 10 days in advance.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74105. Within 90 days after receipt of the petition, the county committee shall hold one or more public hearings on the petition at a regular or special meeting in each of the districts affected by the petition. Notice of the public hearing shall be given at least 10 days in advance of the date of the hearing to the chief petitioners, to the governing board of all districts affected by the proposed transfer, the board of governors and to all other persons requesting notice of the hearing. (Amended by Stats. 1990, Ch. 1372, Sec. 372.)
  16. 74106.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee may add or amend petition provisions, and it must provide a public report at least 10 days before the hearing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74106. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed, and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, the governing boards affected by the petition, and the board of governors, a description of the petition and a report which includes a description or analysis of all the following: (1) The rights of the employees in the affected districts to continued employment. (2) The financial impact of the proposed change on each affected district. (3) Whether the districts involved will be governed, in part, by provisions of a city charter and, if so, in what way. (4) A description of the territory affected. (5) A description of how the property, obligations, and bonded indebtedness of existing districts will be divided. (6) Whether the reorganization will significantly affect racial or ethnic composition of districts. (7) Determination of impact of proposed change upon boards of trustees. (8) A draft statement of the terms of the agreement regarding all conditions of the transfer, when applicable, for consideration by governing boards of affected districts. (9) Whether the change is compatible with the district master plan of the county. (Amended by Stats. 1990, Ch. 1372, Sec. 373.)
  17. 74107.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee must send the petition and report documents to district governing boards and the board of governors within 90 days after public comment, and a transfer cannot happen unless a majority of the receiving district’s governing board signs off on all transfer conditions at a public 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74107. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, the county committee shall forward a copy of the petition and the report documents to each district governing board and the board of governors for review. No transfer shall be made unless a majority of the members of the governing board of the district to which the territory is to be transferred sign a statement agreeing to all conditions of the transfer at a public meeting conducted for that purpose. Upon completion of the public meeting, the receiving governing board shall return the petition and statement of agreement, together with a notice of action, to the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 374.)
  18. 74108.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A county committee may approve a petition only if the stated transfer 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74108. The county committee may approve a petition only if either of the following conditions are met: (a) The petition is to transfer uninhabited territory from one district to another and the owner of the territory, or a majority of the owners of the territory, and the governing board of the receiving district involved in the transfer consent to the transfer. (b) The petition is to transfer inhabited territory and all the following conditions are satisfied. (1) The governing board of the receiving district has consented to all conditions of transfer by an agreement signed by a majority of the members of the board. (2) The county committee finds that: (A) The transfer will not result in any increased cost to the state. (B) The transfer will not result in a reduction in state aid to community college districts not party to the petition. (C) The reallocation of local property tax revenues has been accurately determined and will be appropriately transferred. (D) The transfer will not significantly affect the racial or ethnic composition of the districts affected. (E) The transfer will not decrease educational opportunities for residents of all districts involved. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  19. 74109.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a county committee approves a petition, it must send a copy of the approved petition and related information or recommendations to the Board of Governors of the California Community Colleges within 10 days for review.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74109. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 376.)
  20. 74110.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If the county committee rejects a petition, it must notify the chief petitioners and the board of governors and give the rejection reasons in writing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Transfer [74100 - 74110] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74110. Whenever the county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 377.)
  21. 74130.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    This article applies only to certain annexation petitions for a contiguous high school or unified school district that is not already in a community college 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74130. Provisions of this article shall apply only to petitions to include in an existing community college district a high school or unified school district which is contiguous to that community college district and presently not in any community college district subject to provisions of Section 74000. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  22. 74131.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A petition to annex nondistrict territory to an existing community college district starts the annexation process when it is filed with the county superintendent of schools and signed by one of the listed 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74131. An action to annex nondistrict territory to an existing community college district is initiated upon the filing with the county superintendent of schools having jurisdiction of a petition signed by any one of the following: (a) At least 25 percent of the registered voters residing in the nondistrict territory to be annexed. If two or more high school or unified school districts are involved, the petition shall be signed by at least 25 percent of the registered voters in each school district. (b) A majority of the members of the governing board of any high school or unified school district proposing annexation. (c) A majority of the members of the governing board of the community college district which would receive the annexed territory under the proposal. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  23. 74132.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A petition under Section 74131 must be filed with the county superintendent of schools specified for the relevant territory.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74132. (a) A petition initiated under subdivision (a) or (b) of Section 74131 shall be filed with the county superintendent of schools having jurisdiction over the nondistrict territory. (b) A petition initiated under subdivision (c) of Section 74131 shall be filed with the county superintendent of schools having jurisdiction over the territory in which the community college district is located. (Amended by Stats. 1990, Ch. 1372, Sec. 379.)
  24. 74133.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    Sections 74102 and 74103 apply to a petition for annexation.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74133. The provisions of Sections 74102 and 74103 shall apply to a petition for annexation. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  25. 74134.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county superintendent must send the petition to the board of governors on receipt, and must review the petition within 30 days after filing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74134. Upon receipt of the petition the county superintendent of schools shall transmit a copy of the petition to the board of governors. Within 30 days after the petition for reorganization is filed, the county superintendent shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to each of the following: (a) The governing board and district superintendent of each district affected by the proposed annexation. (b) The county superintendent and county committee of each county which has jurisdiction over any district affected by the proposed annexation. (c) The board of governors. When applicable, Article 4 (commencing with Section 74180) shall also control. (Amended by Stats. 1990, Ch. 1372, Sec. 381.)
  26. 74135.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee may amend a petition, and it must make a petition description and impact report available at least 10 days before the public hearing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74135. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, to the governing boards affected by the petition, and to the board of governors a description of the petition and a report which includes a description or analysis of the impact of the proposed change upon the following: (1) Funding of each affected unified or high school and community college district, including determination of level and sources of local property or special taxes to be levied for general purposes of the recipient community college district. The property tax contribution to the district shall not be less than the proportion that the tax levied in the 1977–78 fiscal year in the territory affected pursuant to former Chapter 8 (commencing with Section 2100) of Part 2 bore to the total property tax levied in that territory in the 1977–78 fiscal year. Alternative sources of local tax contribution to the recipient district, as may be permitted by law, shall be included in the committee’s report. (2) Existing property, obligations, and bonded indebtedness. (3) Racial or ethnic composition of the recipient district. (4) Governing board of recipient district. (5) County district master plan. (6) Any matter considered significant by the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 382.)
  27. 74136.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee must send the petition and report to each affected governing board and the board of governors for review within 90 days after the public has had an opportunity to comment.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74136. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, the county committee shall forward a copy of the petition and the report to each affected governing board and the board of governors for review. (Amended by Stats. 1990, Ch. 1372, Sec. 383.)
  28. 74137.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The district board must hold a public hearing on the petition within 60 days after it receives the petition, the county superintendent must notify chief petitioners of hearing times and places where appropriate, and the receiving district board must then approve or deny the petition and return it with notice of action to the county committee.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74137. The governing board of the district to which the territory is to be transferred shall set a date for a public hearing on the petition which shall be within 60 days of the receipt of the petition forwarded pursuant to Section 74136, and the county superintendent shall notify the chief petitioners of the times and places of the hearings, where appropriate. At the hearings, interested persons shall be given an opportunity to present their views on the petition. The governing board of the receiving district then shall either approve or deny the petition. No annexation shall be made unless a majority of the members of the governing board of the receiving district sign a statement agreeing to all conditions of the transfer at the hearings. Upon completion of the hearings, the governing board of the receiving district shall return the petition, together with a notice of action, to the county committee. (Amended by Stats. 1986, Ch. 964, Sec. 1.)
  29. 74138.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee may approve a petition only if specified 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74138. The county committee may approve the petition only if all of the following conditions are met: (a) The governing board of the receiving district has consented to all conditions of annexation by an agreement signed by a majority of the members of the board. (b) The county committee finds that: (1) The annexation will not result in any increased cost to the state. (2) The annexation will not result in a reduction in state aid to community college districts not party to the petition. (3) The allocation of local property tax revenues has been accurately determined and will be appropriately implemented. (4) The annexation will not significantly affect the racial or ethnic composition of the district affected. (5) The annexation will not decrease education opportunities for residents of districts involved. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  30. 74139.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a county committee approves a petition, it must send the approved petition and related information or recommendations to the Board of Governors of the California Community Colleges within 10 days.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74139. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 386.)
  31. 74140.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a county committee rejects a petition, it must notify the chief petitioners and the board of governors and give the reasons in writing. It is not required to accept a new petition for the same territory filed within 12 months of its decision.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Annexation [74130 - 74140] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74140. Whenever a county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 387.)
  32. 74150.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    This article applies only to petitions to form a new community college district, including the territory combinations described in 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74150. Provisions of this article shall apply only to petitions for the formation of a new community college district consisting of either nondistrict territory, territory of one or more existing community college districts, or a combination of nondistrict territory and the territory of one or more existing community college districts subject to the provisions of Section 74000. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  33. 74151.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A new community college district is started by filing a petition with the county superintendent of schools, and the petition must be signed by the required voters or governing board members depending on the district-formation method.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74151. An action to form a new community college district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to form a new community college district shall be signed by one of the following: (a) Where the territory to be formed into the new district is not a part of an existing district, at least 25 percent of the registered voters residing in that territory shall sign the petition. Where the petition is to form a new district by combining the territory of one or more existing community college districts, at least 25 percent of the registered voters residing in each affected existing district shall sign the petition. (b) A majority of the members of the governing board of each of the community college districts and of each of the high school or unified school districts located within the territory to be formed into a new community college district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  34. 74152.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    Sections 74102 and 74103 apply to a petition to form a new 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74152. The provisions of Sections 74102 and 74103 shall apply to a petition to form a new district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  35. 74153.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county superintendent of schools must review a petition to form a new district within 30 days after it is filed, and if the board of governors finds the petition sufficient and properly signed, the superintendent must send it to specified local bodies.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74153. Within 30 days after the petition to form a new district is filed, the county superintendent of schools shall examine the petition, and, if the board of governors finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to each of the following: (a) The governing board of each component school district and community college district affected by the proposed formation. (b) The county superintendent and county committee of each county which has jurisdiction over each component school district and community college district affected. (c) The board of governors. (Amended by Stats. 1990, Ch. 1372, Sec. 390.)
  36. 74154.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee may add or amend petition provisions, and it must make a petition description and report available at least 10 days before the public hearing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74154. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, to the governing boards of districts affected by the petition, and to the board of governors a description of the petition and a report which includes a description or analysis of the impact of the proposed change on the following: (1) Funding of each affected unified or high school and community college district, including a determination of the level and sources of local property or special taxes to be levied for general purposes of the proposed new community college district. In those instances where the new district is formed exclusively within nondistrict territory, the property tax contribution to the new district shall not be less than the proportion that the tax levied in the 1977–78 fiscal year in the territory affected pursuant to former Chapter 8 (commencing with Section 2100) of Part 2 bore to the total property tax levied in that territory in 1977–78. Alternative sources of local tax contribution to the recipient district, as may be permitted by law, shall be included in the committee’s report. (2) Property, obligations, and bonded indebtedness of the new district. (3) Racial or ethnic composition of the recipient district. (4) Governing board of the new district. (5) County district master plan. (6) Any matter considered significant by the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 391.)
  37. 74155.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A county committee must send the petition and report to each affected governing board and the board of governors for review within 90 days after the public has had an opportunity to comment.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74155. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, a county committee shall forward a copy of the petition and the report to each affected governing board and the board of governors for review. (Amended by Stats. 1990, Ch. 1372, Sec. 392.)
  38. 74156.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    Affected district governing boards must hold a hearing on a petition within 60 days and later approve or deny it; the county superintendent must notify chief petitioners, and the boards must return the petition with a notice of action.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74156. Each affected district governing board shall set a date for a hearing on the petition, which shall be within 60 days of the receipt of the petition forwarded pursuant to Section 74155, and the county superintendent shall notify the chief petitioners of the times and places of the hearings, where appropriate. At the hearings, interested persons shall be given an opportunity to present their views on the petition. The affected district governing boards then shall either approve or deny the petition. No new district shall be formed unless a majority of the members of a majority of the affected district governing boards sign a statement agreeing to all conditions of the formation at the hearings. Upon completion of the hearings, each affected school district governing board shall return the petition, together with a notice of action, to the county committee. (Amended by Stats. 1994, Ch. 1181, Sec. 1. Effective January 1, 1995.)
  39. 74157.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county committee may approve the petition only if all listed 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74157. The county committee may approve the petition only if all of the following conditions are met: (a) A majority of the affected district governing boards have consented to all conditions of the formation by an agreement signed by a majority of the members of each board. (b) The county committee finds that: (1) The formation will not result in any increased cost to the state. (2) The formation will not result in a reduction in state aid to community college districts not party to the petition. (3) The projected funding of the new district is adequate to meet its needs as projected during the first five years of operation. (4) The allocation of local property tax revenues has been accurately determined and will be appropriately implemented. (5) The formation will not significantly affect the racial or ethnic composition of the districts affected. (6) The formation will not decrease educational opportunities for residents of the districts affected. (Amended by Stats. 1994, Ch. 1181, Sec. 2. Effective January 1, 1995.)
  40. 74158.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a county committee approves a petition, it must send the approved petition and related materials to the Board of Governors of the California Community Colleges within 10 days.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74158. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 395.)
  41. 74159.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a county committee rejects a petition, it must notify the chief petitioners and the board of governors and give the reason in writing. It does not have to accept a new petition on the same territory filed within 12 months.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Formation [74150 - 74159] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74159. Whenever a county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 396.)
  42. 74180.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 4. Procedures for Districts Located Within Different Counties [74180- 74180.] ( Article 4 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If a district reorganization or formation affects land in more than one county, county officers or agencies must handle the related proceedings under Article 3 of Part 21.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ( Chapter 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 4. Procedures for Districts Located Within Different Counties [74180- 74180.] ( Article 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74180. Where an action to reorganize or form districts would affect territory which is located in more than one county, or which is under the jurisdiction of more than one county superintendent of schools, the proceedings to be conducted or the actions to be taken by county officers or agencies shall be conducted or taken according to the provisions of Article 3 (commencing with Section 35520) of Chapter 3 of Part 21. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  43. 74201.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A person who questions a county committee’s findings may appeal to the board of governors within 30 days, and the appeal must be based on factual and statistical evidence.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74201. (a) Any person who questions the findings of a county committee that a proposed transfer of territory will not adversely affect the racial or ethnic composition of the colleges of the districts affected by the proposal may file an appeal with the board of governors within 30 days after a decision based upon the finding has been made. The appeal shall be based upon factual and statistical evidence. (b) If the board of governors denies an appeal filed pursuant to subdivision (a), the decision of the county committee shall stand. (c) If the board of governors rejects the findings of the county committee, the county committee shall hold another hearing in order to reconsider its decision based upon the findings of the board of governors. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  44. 74202.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The Board of Governors may investigate as needed after receiving an approved petition, and specified county and district officials must provide the information needed to complete the review when the Board needs to evaluate a reorganization proposal.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74202. Upon receipt of an approved petition, the board of governors may make whatever inquiries or studies are necessary to validate information and recommendations submitted by the county committee prior to making a recommendation to the board of governors. When it is necessary for the Board of Governors of the California Community Colleges to evaluate a reorganization proposal, each county superintendent of schools and every other county officer in the counties affected and the superintendents of the districts affected and the county committee shall provide the information required to complete the review. (Amended by Stats. 1990, Ch. 1372, Sec. 399.)
  45. 74203.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The board of governors may send a reorganization petition back to the county committee if the proposal contains incorrect information, and the county committee must then take whatever action is necessary to verify or correct the proposal.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74203. The board of governors may return the petition for reorganization to the county committee for its reconsideration of information found to be incorrect in the proposal. The county committee shall take whatever action it deems necessary to verify the original proposal or to resubmit a corrected proposal pursuant to procedures described in Sections 74105 and 74106. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  46. 74204.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The board of governors must announce the purpose of the proposal and the time and place of the hearing at least 30 days before the hearing.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74204. At least 30 days prior to the date of the hearing, the board of governors shall announce the purpose of the proposal and the time and place of the hearing to each of the following: (a) The governing board and district superintendent of each district whose boundaries would be affected. (b) The county superintendent and county committee of each county which has jurisdiction over any of the districts whose boundaries would be affected. (c) The persons designated in the petitions as “chief petitioners.” (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  47. 74205.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The board of governors must notify the county committee and affected county superintendents whether a reorganization proposal is approved or disapproved, after letting interested persons present their views.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 3. Review by State Agencies [74201 - 74205] ( Chapter 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74205. After affording interested persons an opportunity to present their views on the proposal, the board of governors shall give notice of approval or disapproval to the county committee and county superintendents of schools having jurisdiction over any of the districts whose boundaries would be affected by the reorganization. Whenever a proposal is disapproved, the board of governors shall provide in writing the basis for rejection. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  48. 74230.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Elections [74230- 74230.] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The county superintendent of schools must call an election within 30 days after receiving notice, if a Section 74205 reorganization proposal is approved and it increases taxes or changes district governing boards.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Elections [74230- 74230.] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74230. If approval is given pursuant to Section 74205 to a reorganization proposal which results in an increase in taxes levied on behalf of the districts involved or which requires changes in district governing boards, such as a change that results in the reapportionment of trustee areas or a change in the number of trustee areas, the county superintendent of schools, within 30 days after receiving notification pursuant to Section 74205, shall call an election. The election shall be called in the manner prescribed in Part 4 (commencing with Section 5000), and shall be conducted at the next available regular election scheduled in the territory of districts defined in the approved proposal according to the procedures prescribed by Sections 35757 to 35764, inclusive. (Amended by Stats. 1983, Ch. 1095, Sec. 8. Effective September 27, 1983.)
  49. 74250.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    After official notice that a district reorganization has been approved, the board of supervisors must issue the required order, record it in the county district records, and, in certain boundary-change cases, file a copy with a map or plat right away.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74250. After the board of supervisors receives official notification that an action to reorganize districts has been approved as provided by law, the board of supervisors shall issue an order to change districts where required by the action, and to establish or reestablish the boundaries of the districts affected by the action. The order shall be entered in the county’s record of districts. If the action results in a change of district boundaries of the type described in Section 54900 of the Government Code, the order of the board of supervisors shall include the legal description of each district changed in the action and, immediately after making the order, the board of supervisors shall cause a copy of the order and a map or plat indicating the boundaries established for each district affected by the order to be filed as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  50. 74251.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A district reorganization is complete when the board of supervisors makes the required order. After one year, that order becomes conclusive evidence of the district’s lawful organization or boundary change, and challenges to validity may not be maintained. For tax revenue and governance purposes, the order takes effect at the start of the next fiscal year.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ( Chapter 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74251. (a) An action to reorganize districts is complete when the board of supervisors makes the order pursuant to Section 74250. (b) After the expiration of one year from the date of the order, the order shall be conclusive evidence that the district has been legally organized, or the boundaries legally changed, as the case may be, and no suit shall be maintained which questions the validity of the organization or change of boundaries. (c) For purposes of district tax revenues and governance, the order shall be effective as of the beginning of the succeeding fiscal year. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  51. 74262.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    A district may not be reorganized to include territory that is separated from other parts of the district, starting on or after January 1, 1983.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74262. On or after January 1, 1983, a district shall not be reorganized to include territory which is separated from other portions of the territory of the district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  52. 74263.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    When territory is transferred or added to another district by reorganization, it becomes part of the contiguous trustee areas. If it borders more than one trustee area, the transfer agreement may divide it among those areas.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74263. Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being transferred shall become a part of the trustee areas to which it is contiguous. In the event that the territory being transferred is contiguous to more than one trustee area, terms of agreement to the transfer may include provisions for the division of the transferred territory among the trustee areas to which it is contiguous. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  53. 74264.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    Territory inside a city cannot be withdrawn from certain district arrangements unless the district’s governing board consents.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74264. Territory within the boundaries of a city may not be withdrawn from a district governed by a board provided for in the charter of the city without the consent of the governing board of the district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  54. 74265.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    This section lets a new community college district be formed without an election if the Board of Governors approves it and specific location and enrollment 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74265. (a) (1) Notwithstanding any other provision of this part, an action to form a new community college district from a portion of an existing community college district shall be deemed to be approved as provided by law, for purposes of Section 74250, without election, when approval of that action is given by the Board of Governors of the California Community Colleges pursuant to Section 74205, provided that the proposed new district consists of an existing community college center and its service area, and all of the following conditions exist: (A) The existing community college center in the proposed new district is located in a county other than the county in which the headquarters of the existing community college district is located. (B) The community college center in the proposed new district is located 50 or more miles from any other campus or center in the existing community college district. (C) The existing community college district has a total full-time equivalent enrollment in the 1997–98 fiscal year of not less than 6,500 students and not more than 7,000 students, and the existing community college center, which would become the community college campus in the proposed new district, has a full-time equivalent enrollment in the 1997–98 fiscal year of not less than 1,200 students and not more than 1,500 students. (2) The Board of Governors of the California Community Colleges shall take action as provided in this subdivision at the first regularly scheduled meeting or special meeting after the operative date of the act that adds Section 74265.5. A new community college district formed pursuant to this section shall be formed as soon as practicable on or after July 1 of the calendar year in which the act that adds Section 74265.5 becomes operative. (b) The action to form a new community college district, as described in subdivision (a), shall be submitted for voter approval at an election that shall be called by the county superintendent of schools of the county in which the proposed new community college district is located upon the formation of a new community college district pursuant to subdivision (a). The election shall be called in the manner prescribed in Part 4 (commencing with Section 5000), and shall be conducted at the next available regular election scheduled in the territory of the new community college district defined in the approved proposal according to the procedures prescribed by Sections 35757 to 35764, inclusive. In the event that, pursuant to that election, the voters fail to approve that action, the new community college district formed pursuant to subdivision (a) shall be deemed to be thereupon annexed as a center by the community college district from which it was formed. (c) The election of the first governing board of the community college district formed pursuant to subdivision (a) shall be called and conducted together with the election provided for under subdivision (b). (d) Notwithstanding any other provision of law, the requirements set forth in Article 3 (commencing with Section 74150) of Chapter 2 do not apply to the action to form a new community college district described in subdivision (a). It is the intent of the Legislature that the formation of a district pursuant to this section not adversely affect the state funding of community college districts in subsequent fiscal years. (e) Upon the formation of a new community college district pursuant to this section, the county superintendent of schools for the county in which the new district is situated shall appoint an interim governing board for the new district pursuant to application and selection procedures established by the county superintendent. There shall be five at-large appointees, and these appointees shall constitute the governing board of the new community college district until the members of the governing board elected pursuant to subdivision (c) take office or, in the event that the voters fail to approve the action of forming the new community college district, until the new community college district is annexed, pursuant to subdivision (b), by the community college district from which it was formed. (f) After the effective date of the formation of the new community college district pursuant to this section, one district may contract with the other district for the performance of services under terms and conditions that may be agreed upon by the two districts. (g) (1) Notwithstanding any other provision of law, after the effective date of the formation of a new community college district pursuant to this section, the new community college district shall receive all state funding to which a district of its enrollment with fully accredited programs of instruction would be entitled. Funds authorized, appropriated, or apportioned for distribution to the new community college district, regardless of source, and regardless of whether those funds are presently being handled by the county office of education in which the existing district is headquartered, shall be transferred to, directed to, and channeled through, the county office of education for the county in which the new district is located. (2) Notwithstanding any other provision of law, the property tax properly attributable to the territory of the new district shall also be transferred to the county office of education for the county in which the new district is located as of July 1 of the calendar year in which the transfer becomes effective. (h) When procedures implemented pursuant to this section require notice to affected county agencies, and if the territory of the new and old districts is located in more than two counties, then these notices are required to be provided only to the two counties containing the largest parcels of territory comprising the old and new community college districts. (Amended by Stats. 1999, Ch. 82, Sec. 2. Effective July 12, 1999.)
  55. 74265.5.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    When a new community college district is formed, the existing and new districts must make an agreement covering formation issues, including employee assignments, property, records, obligations, accreditation timing, and use of bond-sale funds.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 1. Territory of Districts [74262 - 74265.5] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74265.5. (a) Except as otherwise provided in this section, the disposition of records, funds, property, and obligations when a community college district is formed as specified in Section 74265 shall be governed by Article 3 (commencing with Section 74280) and by any applicable regulations adopted by the Board of Governors of the California Community Colleges. (b) The existing community college district and a new community college district established pursuant to Section 74265 shall enter into an agreement providing for matters relating to the formation of a new community college district. Those matters to be included in the agreement include, but are not limited to, all of the following: (1) Assignment of existing academic employees and classified employees. (2) Division and disposition of all interests in property, buildings, fixtures, and leases thereon, including, but not necessarily limited to, any agreement entered into pursuant to Chapter 2 (commencing with Section 81300) of Part 49. (3) Facilities and equipment, including, but not limited to, existing obligations for the acquisition, procurement, or maintenance of electronic systems, materials, goods, and services. (4) Division and transfer of funds and obligations, other than bonded indebtedness, affected by the formation of the proposed new community college district. (5) Transfer of all records required to be maintained by a community college district, including student records maintained in accordance with Chapter 1.5 (commencing with Section 76200) of Part 47. (6) Division and transfer of all existing and potential rights, obligations, and liabilities, whether at law or in equity. (c) The agreement to be entered into pursuant to this section shall expressly provide that the proposed new community college district shall successfully complete accreditation as required by law on or before a date to be specified in the agreement. Nothing in this subdivision shall require the existing community college district to sustain accreditation for the proposed new community college district after the date specified in the agreement for the proposed new community college district to complete accreditation. (d) The agreement to be entered into pursuant to this section shall specify that funds derived from the sale of bonds issued by the existing community college district shall be used for the acquisition, construction, or improvement of college property only in the territory comprising the existing community college district after formation of the proposed new community college district or to discharge the bonded indebtedness of the existing community college district, except that, if the bonded indebtedness is assumed by the proposed new community college district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted. (e) For purposes of this section, the interim board of governors appointed by the county superintendent of schools shall be deemed authorized at all times to execute the agreement provided for by this section on behalf of the proposed new community college district until the members of the first elected governing board of the new community college district take office in accordance with Section 74265. (Added by Stats. 1999, Ch. 82, Sec. 3. Effective July 12, 1999.)
  56. 74270.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Personnel in Reorganized Districts [74270- 74270.] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    District reorganization must not change covered employees’ classification or classified employees’ earned salary, leaves, and benefits, and it can trigger transfers of employment to the new or acquiring 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 2. Personnel in Reorganized Districts [74270- 74270.] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74270. (a) The reorganization of any district or districts shall not affect the classification of academic employees already employed by any district affected. Those employees shall have the same status with respect to their classification by the district, including time served as probationary employees of the district, after the reorganization as they had prior to it. If the reorganization results in the college or other place in which any of these employees is employed being maintained by another district, the employee, if a permanent employee of the district that formerly maintained the college or other place of employment, shall be employed as a permanent employee of the district which thereafter maintains the college or other place of employment, unless the employee elects prior to February 1 of the year in which the action will become effective for all purposes to continue in the employ of the first district. If the employee is a probationary employee of the district that formerly maintained the college or other place of employment, he or she shall be employed by the district which thereafter maintains the college or other place of employment, unless the probationary employee is terminated by the district pursuant to Section 87610.1 or 87740, and, if not so terminated, his or her status with respect to classification by that district shall be the same as it would have been had the college or other place of employment been continued to be maintained by the district which formerly maintained it. As used in this section, “the college or other place in which any of these employees is employed” and all references thereto, includes, but is not limited to, the services or program that, as a result of any reorganization of a district, will be provided by another district, regardless of whether any particular building or buildings in which that service or program was conducted is physically located in the new district and regardless of whether any new district resulting from the reorganization elects to provide for the education of its students by contracting with another district until the time as the district constructs its own facilities. (b) The reorganization of any district, or districts, shall not affect the rights of persons employed in classified positions to retain the salary, leaves, and other benefits which they would have received if the reorganization had not occurred and in the manner provided in this section: (1) All employees of every district that is included in any other district shall become employees of the new district. (2) When a portion of the territory of any district becomes part of another district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district. Employees whose assignments pertained to the affected territory, but whose employment situs was not in the territory, may elect to remain with the original district or become employees of the acquiring district. (3) When the territory of any district is divided between, or among, two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees. (4) Employees regularly assigned by the original district to any college in the district shall be employees of the district in which the college is located. Except as provided in this section, nothing in this section shall deprive the governing board of the acquiring district from making reasonable reassignments of duties. (Amended by Stats. 1995, Ch. 758, Sec. 87. Effective January 1, 1996.)
  57. 74280.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    The transfer agreement must allocate affected funds, property, and obligations, but not bonded indebtedness.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74280. The agreement of transfer required by Section 74107 shall provide for the allocation of funds, property, and obligations affected by the transfer, except for bonded indebtedness. The following procedure may be used to determine such allocation: (a) The real property and personal property and fixtures normally situated thereat shall be the property of the district in which the real property is located. (b) All other property, funds, and obligations, except bonded indebtedness, shall be divided pro rata among the districts in which the territory of the former district is included. The basis for the division and allocation shall be the assessed valuation of the part of the former district which is included within each of the districts. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  58. 74281.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    If districts dispute how to divide funds, property, or obligations, arbitrators must be appointed to resolve 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74281. If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be appointed which shall resolve the dispute. The board shall consist of one person selected by the district from which the territory is withdrawn, one person selected by the district of which it has become a part, and a third person appointed by the county superintendent of schools having jurisdiction. If more than one county superintendent of schools has jurisdiction over the affected districts, county superintendents involved shall jointly appoint an arbitrator. The districts involved may mutually agree that the person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the districts, and the payment of the portion of the expenses is a legal charge against the funds of the school districts. The arbitrator or arbitrators shall make a written finding on the matter submitted to arbitration. The written finding and determination of a majority of the board of arbitrators is final and binding upon the districts submitting the question to the board of arbitration. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  59. 74284.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    For district reorganizations, property tax revenue exchanges between districts must be determined under Section 99(h) of the Revenue and Taxation Code, despite anything else in this 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] ( Article 3 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74284. Notwithstanding any provisions of this article, exchanges of property tax revenues between districts as a result of reorganization shall be determined pursuant to subdivision (h) of Section 99 of the Revenue and Taxation Code. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
  60. 74290.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 4. Bonded Indebtedness of Districts When Reorganized [74290- 74290.] ( Article 4 added by Stats. 1982, Ch. 1214, Sec. 5. )

    Verify source ↗

    This section sets rules for allocating bonded indebtedness when school districts reorganize or territory moves between 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 4. Bonded Indebtedness of Districts When Reorganized [74290- 74290.] ( Article 4 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## 74290. (a) This article shall apply only to the reallocation of bonded indebtedness incurred prior to July 1, 1978. (b) When a district is reorganized, the liability for taxation for the outstanding bonded indebtedness of the district or the territory affected thereby is as provided in this article. The authorities whose duty it is to levy taxes for the payment of principal and interest on the outstanding bonds shall levy the taxes upon the districts affected in such proportions as are provided in, or are determined under, the authority of this article. (c) No territory shall be taken from any district having any outstanding bonded indebtedness and made a part of another district where the action, if taken, would so reduce the last equalized assessed valuation of a district from which the territory was taken that the outstanding bonded indebtedness of the district would exceed 5 percent of the assessed valuation remaining in the district for the level maintained, on the date the reorganization is effective. (d) When any district is in any manner merged with one or more districts so as to form a single district by any procedure, the district so formed is liable for all of the outstanding bonded indebtedness of the districts united or merged. (e) When territory is taken from one district and transferred to another district and the area transferred contains no college property or buildings, the territory shall drop any liability for outstanding bonded indebtedness in the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of the district of which it becomes a part. (f) When territory is taken from one district and transferred to another district by any procedure and the area transferred contains college buildings or property, the district to which the territory is annexed shall take possession of the building and the equipment on the day when the annexation becomes effective for all purposes. The territory transferred shall cease to be liable for the bonded indebtedness of the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of any district of which it becomes a part. (g) The acquiring district shall pay the original district the greatest of the amounts determined under paragraph (1) or (2). (1) The proportionate share of the outstanding bonded indebtedness of the original district, which proportionate share shall be in the ratio which the total assessed valuation of the transferring territory bears to the total assessed valuation of the original district in the year immediately preceding the date on which the annexation is effective for all purposes. This ratio shall be used each year until the bonded indebtedness for which the acquiring district is liable has been repaid. (2) That portion of the outstanding bonded indebtedness of the original district which was incurred for the acquisition or improvement of school lots or buildings, or fixtures located therein, and situated in the territory transferred. (h) The county board of supervisors shall compute for the reorganized districts an annual tax rate for bond interest and redemption which will include the bond interest and redemption on the outstanding bonded indebtedness specified in paragraph (1) or (2) of subdivision (g). The tax rate shall be levied in excess of any other ad valorem property tax authorized or required by law and shall not be included in the computation of the limitation specified in subdivision (a) or Section 1 of Article XIII A of the California Constitution. (Amended by Stats. 1990, Ch. 1372, Sec. 409.)
  61. 74292.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    This section sets emergency steps for Compton Community College if accreditation is lost, including oversight, service continuation, funding, records, and limits on use of the college name.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74292. Notwithstanding any other provision of law, the following steps shall be taken to address the imminent risk that Compton Community College’s accreditation will be terminated by the regional accrediting body recognized by the Board of Governors of the California Community Colleges: (a) The Chancellor of the California Community Colleges is authorized to oversee all actions at the Compton Community College District related to the loss of the college’s accreditation and efforts described in this article to address that situation. The Compton Community College District shall reimburse the Board of Governors of the California Community Colleges for any expenses incurred by the chancellor or his or her staff in carrying out this oversight responsibility. (b) The Compton Community College District shall complete the provision of instruction for all classes for which it intends to claim apportionment prior to the date of its loss of accreditation. (c) Notwithstanding any other provision of law, the Compton Community College District shall continue to be eligible to receive state funding as provided in this article even if its accreditation is terminated. (d) (1) The Compton Community College District shall identify a partner district that will agree to provide accredited instructional programs to students residing in the Compton Community College District. The special trustee assigned to the Compton Community College District pursuant to Section 71093 and the partner district are authorized to enter into one or more agreements to provide instructional services or other services, and to make any other necessary preparations to implement the educational programs described in this article, as well as any related necessary administrative or support services, in a timely manner so as to ensure that services to Compton Community College students will not be interrupted and that those students will remain eligible for federal financial assistance. The agreement or agreements shall provide that the partner district is entitled to receive a reasonable administrative fee to be fixed by the mutual agreement of the parties. (2) The partner district shall be a district in good standing with the Accrediting Commission for Community and Junior Colleges (ACCJC), and shall have successfully completed the accreditation cycle and secured accreditation for its colleges. A district with a college that is on warning, probation, or show-cause status with the ACCJC, or that is being monitored for fiscal stability by the chancellor’s office is not considered a district in good standing for the purposes of this article. (e) The partner district may offer any programs or courses for which it has secured applicable approvals. In addition, any programs and courses that were previously approved by the board of governors to be offered by the Compton Community College District may continue to be offered by the partner district in the territory of the Compton Community College District without additional state approval until June 30, 2011. (f) No later than 30 days after Compton Community College’s loss of accreditation, the board of governors shall approve the facilities of Compton Community College as an off-campus educational center of the partner district. The center shall be known as the Compton Community Educational Center. The board of governors shall give notice of its approval to the county committee and county superintendent having jurisdiction over any territory affected by the action. (g) The board of governors may permanently or temporarily waive any of its regulatory requirements necessary to effectuate this article, including, but not necessarily limited to, its regulations regarding educational centers. (h) The partner district is eligible to provide instruction at the center without the recommendation of the California Postsecondary Education Commission under Section 66904 until the district secures the commission’s recommendation for the facility to operate as an off-campus educational center or until June 30, 2011, whichever occurs first. (i) The partner district shall comply with all federal requirements to ensure that students taking classes offered by the partner district at the Compton Community Educational Center remain eligible for federal financial assistance. (j) Students enrolled in the Compton Community College District as of January 31, 2006, shall be subject to the following conditions: (1) The partner district shall ensure that any student who, by the end of the Spring 2006 term, has completed at least 75 percent of the courses required for the degree or certificate he or she is pursuing will be able to complete that program. Every reasonable effort shall be made to allow other students who have begun work toward a certificate or degree, but who have not completed 75 percent of the required coursework, to continue and complete their programs. (2) Students enrolling in classes provided by the partner district pursuant to this section shall be considered students of the partner district, shall receive credit from the partner district for classes they successfully complete, shall receive certificates or degrees they earn from the partner district, and shall receive financial aid through the partner district if they meet all applicable eligibility requirements. (3) The partner district shall maintain student records related to the attendance of students in classes it offers pursuant to this section in accordance with all applicable state and federal laws. (4) The partner district shall consider each student who enrolls for classes no later than the Spring 2007 term to be a continuing student for purposes of enrollment priorities. (5) Any regulations of the board of governors relating to minimum residence at the college granting a degree shall not be applicable. (k) The board of governors shall adopt any regulations necessary to implement this article. These regulations may be adopted as emergency regulations that may remain in effect for up to one year from the date of adoption, and shall not be subject to paragraph (5) or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (l) (1) The partner district shall provide the services described in this article for a minimum of five years from the date those services commence pursuant to subdivision (d), and shall thereafter provide the services for any additional period determined necessary by the board of governors. In addition, the board of governors may require, in its sole discretion, that the services described herein be modified or terminated at an earlier date based on the best interests of the California Community Colleges system and its students. (2) Notwithstanding paragraph (1), either the partner district or the special trustee appointed pursuant to Section 71093 may initiate termination of the agreements described in subdivision (d) by giving 180 days’ written notice to the other party and to the board of governors. No termination pursuant to this subdivision may take effect until the end of the semester following the notice provided under this paragraph, so as to protect students from a mid-term interruption of educational services. Should the partner district provide notice of a desire to terminate any agreements at a time when the trustee determines that services provided under those agreements are still necessary to serve the interests of Compton students and residents or at a time when the Compton Community College District is not fully accredited and bonds issued pursuant to Section 41329.52 are outstanding, the partner district shall continue the services until it can secure a district to provide uninterrupted comparable services to the satisfaction of the special trustee. (m) (1) The Compton Community College District shall continue to be responsible for ensuring that all of its permanent records are retained and stored as required by state law and that all records related to its administration of programs under Title IV of the federal Higher Education Act are retained for a minimum of three years after the conclusion of its participation in those programs. (2) The Compton Community College District shall be responsible for institutional actions related to the loss of accreditation, including actions that are required under Section 688.26 of Title 34 of the Code of Federal Regulations, related to the ending of the participation of the Compton Community College District in programs under Title IV of the federal Higher Education Act, refunding any students’ unearned tuition and fees, refunding to the federal government any unexpended federal student financial aid funds, returning to lenders any loan proceeds not distributed to students, or the collection of outstanding student debts to the Compton Community College District. (n) In addition to addressing the ongoing educational needs of the students of the Compton Community College District, the partner district and the special trustee appointed pursuant to Section 71093 shall take steps aimed at achieving the goal of seeking renewed accreditation for Compton Community College at the earliest feasible date. Progress toward achieving this goal shall be periodically reported to the board of governors. (o) No person, firm or organization shall, without the permission of the Compton Community College District, use the name “Compton Community College,” or any name of which these words are a part, or any abbreviation thereof. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  62. 74292.5.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    While the specified bonds are outstanding, the Compton Community College District must lease the covered real property leases, not the Compton Community College Educational Center or any partner 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74292.5. Notwithstanding any other provision of law, so long as any bond issued pursuant to Section 63049.67 of the Government Code for the Compton Community College District is outstanding, all real property leases securing those bonds shall be leased by the Compton Community College District, and not the Compton Community Educational Center or any partner district. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  63. 74292.7.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    Cal Grant awards for students of the Compton Community College District must not be adversely affected by this 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74292.7. Cal Grant awards to students of the Compton Community College District shall not be adversely affected by this article. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  64. 74293.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    This section requires the partner district to provide educational programs at Compton Community Educational Center and sets rules for staffing, employee status, benefits, and oversight.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74293. Notwithstanding any other provision of law: (a) The partner district shall provide educational programs, as described in Section 74292, at the Compton Community Educational Center on the following terms: (1) To the extent determined necessary by agreement between the Compton Community College District and the partner district, the Compton Community College District shall assign its current employees, or reemploy former employees, to provide educational or support services to students under the instructional services or other agreements described in Section 74292. The Compton Community College District has no obligation to assign or to reemploy persons who occupy or previously occupied administrative or supervisory positions to those positions. Notwithstanding any other provision of law, a person who provides services pursuant to this paragraph shall not be deemed to be an employee of the partner district or gain any status with the partner district for any purpose. (2) Individuals providing educational or support services pursuant to paragraph (1) who serve as academic employees or educational administrators shall meet applicable minimum qualifications established by the Board of Governors of the California Community Colleges as well as any other job-related qualifications for service that are established by the partner district. (3) The partner district shall have the primary right to direct activities under the contract or contracts in a manner that is consistent with the role of Compton Community College District as the employer of the individuals who are assigned duties under the agreements by the partner district. The partner district shall provide performance assessments to the special trustee appointed pursuant to Section 71093 regarding the services provided by employees of the Compton Community College District. (b) Nothing in this section shall be construed to limit the ability of the Compton Community College District to employ employees of any type or class as otherwise authorized by law as needed to provide necessary services. (c) The Compton Community College District shall continue to be responsible for all retiree benefits that it offered its employees prior to the date of its loss of accreditation and for retirement and other benefits for its employees assigned to provide services pursuant to subdivision (a). The partner district shall have no responsibility for any retiree or other benefits for persons provided by the Compton Community College District to serve under instructional services or other agreements described in this article. (d) Nothing in this section shall be construed to limit the ability of the partner district to assign its existing personnel to oversee or manage services provided under instructional services or other agreements described in Section 74292 or to employ employees of any type or class as otherwise authorized by law as needed to provide oversight and management of those services. Any person who provides services pursuant to this subdivision shall not be deemed to be an employee of the Compton Community College District or gain any status with that district for any purpose, and that person shall not lose any rights, benefits, or status that he or she had previously acquired with the partner district. (e) Nothing in this article shall be construed to interfere with, or require any change in, the existing bargaining units and collective bargaining agreements of the Compton Community College District. (f) All existing statutory due process protections for employees of the Compton Community College District shall remain in effect including, but not necessarily limited to, the provisions governing layoff or dismissal, acquisition of tenure, and all other provisions of the Education Code except as expressly provided in this article. (g) Nothing in this article shall be construed to interfere with or preclude negotiations with employee organizations in either of the districts over the effects, if any, of the partner district’s operation of the Compton Community College District. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  65. 74295.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    The section sets funding and reporting rules for Compton Community College District after loss of accreditation.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74295. Notwithstanding any other provision of law: (a) The Compton Community College District shall receive apportionment for courses provided at the Compton Community Educational Center by the partner district pursuant to Section 74292, subject to the transfer of moneys described in Sections 41329.53 and 41329.55 and in accordance with the following schedule: (1) For the 2005–06 fiscal year, an amount not less than the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (2) For the 2006–07 fiscal year, an amount not less than 90 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (3) For the 2007–08 fiscal year, an amount not less than 80 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (4) For the 2008–09 fiscal year, an amount not less than 70 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (b) In allocating funds for categorical aid to the Compton Community College District, the Chancellor of the California Community Colleges shall treat the Compton Community Educational Center as a separate college. (c) The Compton Community College District shall not be subject to Section 84362 for the 2003–04 fiscal year to the 2008–09 fiscal year, inclusive. (d) Should the loss of accreditation by the Compton Community College result in a lapse of federal financial assistance to otherwise eligible students before their eligibility is recognized through the partner district, the Compton Community College District may use a portion of the proceeds from the loan described in Section 41329.58 to provide comparable amounts of assistance to eligible students. This replacement funding shall not extend beyond the end of the term during which the lapse of federal funding occurred. (e) The provisions of subdivision (a) shall be used solely to determine the apportionment funding to be allocated to the Compton Community College District. In computing statewide entitlements to funding based upon the attendance of full-time equivalent students, neither the Compton Community College District nor its partner district shall be credited with more full-time equivalent students for the Compton Community College District than were actually enrolled in attendance. It is the intent of the Legislature that any amounts necessary to make the apportionments required pursuant to subdivision (a) shall be drawn from the total statewide funding available for community college apportionments. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  66. 74295.5.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    The Compton Community College District must help certain El Camino College Compton Center students finish their programs at Compton College and treat them as continuing students for enrollment priorities.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74295.5. Notwithstanding any other law: (a) All of the following shall be applicable to a student who is enrolled at El Camino College Compton Center six months before the change in control of that institution from the El Camino Community College District to the Compton Community College District: (1) The Compton Community College District shall ensure that any student of El Camino College Compton Center who, by the end of the spring term immediately preceding the change in control of the institution, has completed at least 75 percent of the courses required for the degree or certificate that he or she is pursuing shall be able to complete that program at Compton College. The Compton Community College District shall make every reasonable effort to allow other students who have begun work toward a certificate or degree, but who have not completed 75 percent of the required coursework, to continue and complete their programs at Compton College. (2) The Compton Community College District shall consider each student of El Camino College Compton Center who enrolls for classes at Compton College to be a continuing student for purposes of enrollment priorities. (3) Regulations of the board of governors relating to minimum residence at a community college granting a degree shall not be applicable to these students. (b) For academic years 2018–19 to 2021–22, inclusive, the Compton Community College District shall be exempt from subdivision (d) of Section 84362. (Added by Stats. 2017, Ch. 757, Sec. 1. (AB 1299) Effective January 1, 2018.)
  67. 74296.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. )

    Verify source ↗

    The listed education entities are immune from money damages and attorney’s fees in certain lawsuits, except for gross negligence or willful misconduct; the state must also indemnify and defend the partner district for covered claims.

    ## 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 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] ( Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5. ) ## CHAPTER 5. Miscellaneous [74262 - 74296] ( Chapter 5 added by Stats. 1982, Ch. 1214, Sec. 5. ) ## ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] ( Article 5 added by Stats. 2006, Ch. 50, Sec. 11. ) ## 74296. Notwithstanding any other provision of law: (a) In any action in which a court finds that any provision of this article is unlawful, or in any action challenging the implementation of this article, the Board of Governors of the California Community Colleges, the partner district, the Compton Community College District, and their respective officers, employees, and agents, are immune from the imposition of any award of money damages, including the award of attorney’s fees, except to the extent that any liability for those claims arises from the gross negligence or willful misconduct of the party claiming the immunity. (b) The state shall, from funds specifically appropriated for that purpose, indemnify and defend the partner district from and against any claims, other than claims based upon gross negligence or willful misconduct, arising out of its participation in the activities specified in this article. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.)
  68. 75.

    ## 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 ↗

    “Shall” means mandatory, and “may” means permissive.

    ## 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. ) ## 75. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1976, Ch. 1010.)
  69. 75000.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

    Verify source ↗

    This section names the part the California Online Community College Act 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 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75000. (a) This part shall be known, and may be cited, as the California Online Community College Act. (b) The Legislature finds and declares all of the following: (1) According to the United States Census Bureau, 2011–15 American Community Survey data, there are 2.5 million Californians between 25 and 34 years of age whose highest educational attainment is either high school or some college. Of this group, 80 percent are working, and nearly half are Hispanic. The public segments of higher education have traditionally not offered courses that are readily accessible to these Californians. Working adults should have access to high-quality, affordable, and flexible opportunities to pursue postsecondary education that does not conflict with their work and familial obligations. (2) California recognizes the dedication of every faculty member, classified staff member, manager, and administrator in the Community College system toward supporting the success of California’s community college students. As dedicated leaders, innovators, and educators, faculty will be integral to the success of the California Online Community College and improving the economic prosperity of numerous Californians. (3) Flexible educational options are also critical to those displaced by job loss triggered by recessions. Californians have generally had a difficult time recovering from the Great Recession, but those with an associate’s degree earned higher wages and fared better in the recovery than those with only a high school degree or some college. Labor force participation remains low among the working age population, and economists believe this is partially due to a skills mismatch. Furthermore, according to the Economic Policy Institute, 60 percent of jobs created during the economic recovery from 2010 to 2014 went to men versus 40 percent of jobs that went to women. (4) Immigrants, military veterans, and incarcerated or formerly incarcerated individuals could also benefit from the flexibility created by an affordable, high-quality online education that would allow them to improve their skills and advance their employment opportunities or stay relevant in their careers. (5) Online education is showing a trend of improving course success rates over time. Research indicates the importance of institutional factors, such as course design, institutional support, effective student orientation and support services, and the development of strategies to promote regular interaction, in contributing to online course success. Studies also indicate that older students generally perform better in online courses than younger students. (6) The cost for Californians to access online credentials, certificates, and associate’s degrees at nonpublic or out-of-state institutions is typically much higher—as much as seven to nine times higher per unit—than at a California community college. An affordable, high-quality, and flexible public online college provides an important alternative to other nonpublic online education options. (7) According to the Public Utilities Commission, approximately 95 percent of California households have wired broadband availability. Recent legislation authorized additional funding for broadband and establishment of regional goals intended to reduce urban-rural disparities in broadband access. Additionally, the budget provides funding for public libraries to expand access to broadband. (8) To ensure the future economic resiliency of California’s communities, the existing higher education infrastructure must be augmented with learning options that are focused on working learners, including options that are affordable, designed to be flexible for the schedule of working adults, and competency-based to facilitate portability of employable skills. With an open access mission, the California Community Colleges are positioned to work with a diverse population to increase wages and improve economic and social mobility in a rapidly changing economy. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  70. 75001.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

    Verify source ↗

    This section creates the California Online Community College, places it under the board of governors, and requires it to follow detailed program, support, and technology 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75001. (a) (1) The California Online Community College is hereby established. (2) The California Online Community College shall be under the administration of the board of governors. (3) The California Online Community College shall fulfill the purposes of this part, which includes the creation of an organized system of accessible, flexible, and high-quality online content, courses, and programs focused on providing industry-valued credentials compatible with the vocational and educational needs of Californians who are not currently accessing higher education. These courses and programs shall lead to a pathway offered at a traditional community college. (4) The college shall be considered a district and community college within the California Community Colleges system and the state’s public system of higher education. (5) For purposes of Section 14 of Article IX and Sections 8 and 8.5 of Article XVI of the California Constitution, “community college districts” shall include the California Online Community College established pursuant to paragraph (1). (b) The college shall be guided by principles and procedures developed by the chancellor’s office and established by the board of governors. These guiding principles shall include all of the following: (1) Offering working adults additional access to affordable, quality higher education opportunities with labor market value, especially industry-valued credentials based on competencies leading to employment, earnings gain, or upward mobility in the workplace, and not just courses leading to degrees and certificates. (2) Providing working adults with the necessary conditions for success with flexible course scheduling, start and stop-off times, technology-enabled support communities to deepen engagement and foster social belonging, and short-term credentials as demonstrations of academic progress. (3) Supporting student success by developing and implementing innovative teaching and student support methodologies and technologies, including leveraging student data to improve teaching and learning and to support individual student progression, providing quality onboarding of students to support their career exploration, goal-setting, educational planning, and support needs, and leveraging relevant technology resources where possible. (4) Enhancing systemwide student success efforts by using the college’s innovative teaching and student support methodologies and technologies to inform professional development opportunities available to the rest of the community college system. (5) Ensuring faculty roles are based on the skills needs of the college, such as online instructors, course developers, assessment developers, student mentors, reviewers, and 24-hour virtual classroom support, and ensuring flexible hiring processes that emphasize use of part-time and full-time faculty with field expertise to support emerging programs and shifts in labor market demand. (6) Addressing barriers faced by working adult students to access higher education, including, but not necessarily limited to, financial aid support, dealing with working learners’ prior educational debts that may impede release of transcripts and credits, pathway navigational help, contextualized academic preparation, navigation of family needs and other supports, and coaching and mentoring. (7) Aligning the college’s efforts with the broader goals outlined in the California Community Colleges system’s Vision for Success, or other strategic visions outlined by the board of governors, and holding the college accountable for its students’ outcomes and ensuring improved data collection on employment outcomes. (8) Offering working adults additional access to affordable, high-quality higher education opportunities with labor market value that lead to additional educational opportunities provided by either the California Online Community College or by another California community college. (c) The college may collaborate and work closely with other agencies, industry partners, and experts to ensure the success of the college, including, but not necessarily limited to, all of the following: (1) Students the college serves, to ensure the college meets their needs. (2) Community-based organizations, to provide student outreach to working learners across California. (3) Statewide public agencies, such as the State Department of Social Services, the California Labor and Workforce Development Agency, and the Department of Corrections and Rehabilitation, to incorporate strategies to provide immigrants and other groups with barriers to employment with educational opportunities. (4) Representatives from the labor community, to provide higher wage jobs for journey-level workers or augment apprenticeship training. (5) Industry and employer partners, including statewide public agency employers, state associations, large employers, and regional consortia of employers, to inform content that is driven by the demands of the labor market and relevant to regional workforce needs. (6) The California Community Colleges, to leverage their existing career technical education regional consortia, the Strong Workforce Program regional consortia, and adult education regional consortia. (7) Two-year and four-year institutions or a consortia, to promote recognition of student skills and knowledge toward degree pathways as well as a way to increase student access and transfers to additional higher educational opportunities. (d) The college shall conduct all of the following activities: (1) The college shall offer at least three program pathways within the first three years of program implementation, developed exclusively to serve the population of students not yet accessing postsecondary education or without their first industry-valued credential. The college shall create new programs that are not duplicative of programs offered at other local community colleges. (2) To ensure student success, the college shall also do all of the following: (A) Establish competency-based educational opportunities that recognize students’ prior learning and help students advance toward a credential. Competencies shall be established with the advice of appropriate faculty and employers, and shall be focused on knowledge and skills a student must demonstrate to pass a course and to earn a credential. Examples of prior learning include prior military service, registered apprenticeship training, industry-recognized certifications, or experience from other careers. Assessments shall be developed to enable students to demonstrate mastery and shall be mapped to the competencies. (B) Supplement registered apprenticeship programs and the California Apprenticeship Initiative training as appropriate, and create apprenticeship instructor upskilling training, courses, and programs that are valued by the labor and employer communities. (C) Identify opportunities to develop short-term, stackable credentials and industry certifications with labor market value. The college shall also leverage existing articulation agreements and develop new articulation agreements with other California Community Colleges, the California State University, the University of California, and other accredited public and independent institutions to facilitate stackability into credit-bearing courses and pathways. (D) Develop, adapt, or apply technology to meet the ongoing needs of students. (E) Develop a Research and Development Unit that utilizes current and future learning sciences technology, assesses data metrics within the college’s technological infrastructure to gauge student progress in a course or pathway, informs instructional and support strategies, and improves the functionality of the underlying technology used by the college. (F) Redesign transcripts in a digital, verifiable format that links coursework, credentials, and competencies to track a student’s entire body of learning in one document. Any redesigned transcript technology shall be a part of the integrated technology portfolio of the chancellor’s office and made available to any campus of the California Community Colleges. (G) Identify shortcomings in the student experience for unserved and underserved students and develop technological and programmatic solutions to address the gap. (H) Distribute gains in data and learning science and effective technology-enabled tools and resources throughout the California Community Colleges. (3) The college shall utilize and leverage, where appropriate, the programs and activities of the chancellor’s office, including the Online Education Initiative and the Zero-Textbook-Cost Degree Grant Program and Open Educational Resources, the Strong Workforce Program, and the Guided Pathways Program framework. This shall include both of the following activities and practices: (A) Organize newly developed content, courses, programs, and students supports, consistent with the Guided Pathways Program framework, that lead to a pathway at a traditional community college. (B) Utilize the Online Education Initiative’s existing social and technological infrastructure for students, instructors, and administrators, including all of the following: (i) Contribute to the Initiative’s common course management platform for online content and classes. (ii) Utilize and develop comprehensive, specialized student supports that are technology-enabled for scale and focused on the student experience, including, but not limited to, pathway navigation, online tutoring, online mentoring, and online help desk support. These supports, as well as the instructional delivery, shall be made available during nontraditional working hours to promote student success for the focus population. (iii) Leverage free or low-cost, high-quality online educational materials for students through Open Educational Resources and the Zero-Textbook-Cost Degree Grant. The college shall ensure any open educational resources that are developed are available for use by any California community college through the system’s common learning management platform. (iv) Enhance systemwide student success efforts by using the college’s innovative teaching and student support methodologies and technologies to inform professional development opportunities available to the rest of the system through the Online Education Initiative and the Institutional Effectiveness Partnership Initiative. (e) The college shall not enter into College and Career Access Pathways partnerships pursuant to Section 76004. (f) (1) It is the intent of the Legislature that the California Online Community College create unique content and deliver it in a manner that is not duplicative of programs offered at other local community colleges. (2) For each new program created, the chancellor’s office shall notify the Legislature and Department of Finance on how the program is not duplicative of programs offered at other community colleges. (g) Upon the establishment of an Academic Senate for the California Online Community College, the faculty shall review the Online Education Initiative Protocols for online content and adopt as appropriate. (Amended by Stats. 2019, Ch. 497, Sec. 85. (AB 991) Effective January 1, 2020.)
  71. 75002.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

    Verify source ↗

    This section defines several terms used in Part 46.5 of the Education Code.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75002. For purposes of this part, the following terms have the following meanings: (a) “Artificial intelligence” has the same definition as in Section 11546.45.5 of the Government Code. (b) “Board of governors” means the Board of Governors of the California Community Colleges. (c) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (d) “College” means the California Online Community College established under this part. (e) “Competency-based education” means systems of instruction, assessment, grading, and academic reporting that are based on students demonstrating that they have learned the knowledge and skills they are expected to learn as they progress through their education. (f) “Guided Pathways Program” means a program that includes the activities and practices established pursuant to Section 88921. (g) “Industry” means trade associations or those firms that produce similar products or provide similar services using somewhat similar business processes. (h) “Stackable credential” means a part of a sequence of credentials that can be accumulated over time and move an individual along a career pathway or up a career ladder. (Amended by Stats. 2024, Ch. 843, Sec. 2. (AB 2885) Effective January 1, 2025.)
  72. 75003.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The board of governors administers the California Online Community College and must carry out a long list of governance, academic, staffing, budget, property, fee, conduct, calendar, and consultation 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75003. (a) The California Online Community College established pursuant to subdivision (a) of Section 75001 shall be under the administration of the board of governors. (b) In furtherance of subdivision (a), the board of governors 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 California Online Community College. In so doing, the board of governors shall, as required by law, establish policies for, develop, and approve comprehensive plans. (2) Establish policies for and approve courses of instruction and educational programs. (3) Establish academic standards, probation, 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 chief executive officer appointed pursuant to subdivision (d) of Section 75005, 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 college’s operational and capital outlay budgets. (6) Manage and control the college’s property. The board of governors may contract for the procurement of goods and services as authorized by law. (7) Establish procedures that are consistent with minimum standards otherwise established by the board of governors to ensure faculty, staff, and students have 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 college governance, and to ensure the right of the college’s academic senate to make recommendations in the areas of curriculum and academic standards. The California Online Community College may establish procedures enabling the use of a digital format, or formats. (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 general framework provided by law, determine the college’s academic calendar, including the holidays it will observe. Notwithstanding Section 84890, the college may enable the offering of courses under a flexible calendar. Notwithstanding any other law, in recognition of the ability to adopt a flexible academic calendar, the board of governors shall also have the flexibility to utilize an alternative definition of “academic year” for purposes of this part. (13) Hold and convey property for the use and benefit of the college. (14) Participate in the consultation process otherwise 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 board of governors shall have full authority to adopt rules and regulations that are necessary and proper to executing these prescribed functions and may, as applicable, use a digital format, or formats. Any action taken pursuant to this subdivision by the board of governors is exempt from the Administrative Procedure Act, as defined in Section 11370 of the Government Code. (d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by majority vote, may adopt a rule delegating the power to the college’s chief executive officer or any other employee or committee 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 authority shall prescribe the limits of the delegation. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  73. 75003.1.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The board of governors must keep the California Online Community College accessible to students with disabilities, set up disability support services, maintain a complaint process, and report on compliance.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75003.1. (a) It is the intent of the Legislature that all students with disabilities enrolled in the California Online Community College be entitled to receive support services and educational accommodations so that they can participate in and benefit from the California Online Community College equal to those students without disabilities. It is the further intent that all support services and educational accommodations made available to students with disabilities at the other community colleges be made equally available to students with disabilities enrolled in the California Online Community College. (b) The board of governors shall do all of the following: (1) Ensure the college is in compliance with statutory provisions regarding access for individuals with disabilities, including, but not necessarily limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, and Section 84850. This duty shall include, but not necessarily be limited to, the creation of a Disabled Students Programs and Services program within the California Online Community College with staff able to assist students with disabilities who are eligible for academic adjustments, auxiliary aids, services, and instruction that may be necessary for equal access to the general activities, programs, and classes offered by the California Online Community College and any other services specified in Section 67311. (2) Ensure the California Online Community College’s use of electronic technology is in compliance with the accessibility requirements of state and federal electronic and information technology policy and statutes, including Sections 7405 and 11135 of the Government Code; Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended and the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part; and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), no later than December 31, 2020. In carrying out this duty, the board of governors shall ensure electronic technology used by the California Online Community College has undergone user testing by persons with disabilities for the purpose of assessing compliance with the aforementioned requirements. (3) Ensure that the California Online Community College’s use of instructional resources, including, but not necessarily limited to, textbooks and other digital or printed course materials, is in compliance with Sections 66406, 66406.7, 66406.9, 67302, and 67302.5, and any other provisions regarding the accessibility, availability, and affordability of such materials. (4) Establish a complaint procedure for disabled California Online Community College employees, students, and members of the public to register complaints about accessibility services required pursuant to this section and for resolving the complaints. In any case where a complaint is founded on the failure of the California Online Community College to meet the compliance requirements of this section, the California Online Community College shall provide, upon request of the complainant, an immediate accommodation to meet the needs of the complainant caused by the compliance failure. The California Online Community College shall maintain a summary of the complaints received and the resolution of the complaints including any accommodations made due to the lack of compliance. (5) Report to the Legislature and the Department of Finance on compliance with this section at each reporting interval specified for startup milestones specified in subdivision (b) of Section 75011. (c) This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in subdivision (b). (Amended by Stats. 2019, Ch. 497, Sec. 86. (AB 991) Effective January 1, 2020.)
  74. 75004.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college may sue and be sued, but people generally cannot use its name without board permission. Board meetings on related matters must be separate and follow the same public meeting rules as 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75004. (a) Notwithstanding Section 72000, the California Online Community College may sue and be sued, and shall act in accordance with Section 75003. (b) Notwithstanding Section 72000, the name of the California Online Community College is the property of the board of governors. No person shall, without permission of the board, use the name, or any abbreviation of the name, 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 necessarily 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 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, or the chancellor’s office. (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. (c) 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. (d) Meetings conducted by the board of governors on items that are related to the California Online Community College shall be conducted separately from the other statutory functions of the board of governors, and shall be subject to the same public meeting requirements as apply to community college districts. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  75. 75005.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    This section gives the board of governors special authority over the California Online Community College, including governance powers, limited exemptions, and staffing/management actions.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75005. (a) The requirements of Article 3 (commencing with Section 72022) of Chapter 1 of Part 45 shall not apply to the board of governors in fulfilling its duties related to the California Online Community College. (b) The Legislature declares that the board of governors, in carrying out its duties pursuant to Section 70901 and Article 2 (commencing with Section 71020.5) of Part 44, is expressly determined to not have a conflict of interest in the administration of the California Online Community College. (c) Notwithstanding Chapter 1.5 (commencing with Section 78100) of Part 48, the board of governors may instead provide access to internet-based library services and materials or by contractual arrangements with other entities. (d) (1) Notwithstanding any other law, the board of governors may authorize the chancellor, or designate members with the appropriate skills and experience, including those necessary to guide the formation of a new entity, to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property. (2) If the board of governors exercises this authority, the chancellor, or the designees of the board of governors, may appoint a chief executive officer to manage the California Online Community College. The chief executive officer shall have served in a similar capacity prior to the establishment of the California Online Community College and shall have expertise in the development and operation of online offerings at a public or nonprofit institution, or shall have relevant qualifications to serve as the chief executive officer of the California Online Community College. The chief executive officer shall meet the minimum qualifications for service as an academic administrator in the California Community Colleges. (3) A chief executive officer appointed under this subdivision shall serve at the pleasure of the board of governors. (4) A chief executive officer appointed pursuant to this section is authorized to do all of the following: (A) Develop fiscal policies and practices for the operation of the California Online Community College. (B) Enter into agreements on behalf of the California Online Community College. (C) In consultation with the Chancellor of the California Community Colleges, establish an advisory council process to advise the chief executive officer on issues related to the California Online Community College. The advisory process shall involve representatives from boards of trustees of community college districts, represented employees of the California Online Community College, and students attending the online college. A participant in the advisory process shall not receive any compensation or benefits for the participant’s services. (D) Consistent with the requirements of the terms of the contract established pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 70901, hire sufficient staff, with appropriate preparation and experience, to provide the functions necessary to support the college’s mission and purpose. (E) Hire sufficient numbers of qualified faculty that meet the minimum qualifications established by the college, with appropriate preparation and experience to provide online instructional design and technology-supported student supports to achieve the college’s mission and purpose. (F) Manage and control the operations of the college. (5) In the event of a vacancy in the chief executive officer position, the chancellor shall temporarily assume all of the powers and duties of the chief executive officer until another chief executive officer can be appointed pursuant to this section. (6) The board of governors, or its authorized designees, may contract with the Foundation for California Community Colleges for the purpose of providing administrative support for the college’s startup functions. (Amended by Stats. 2019, Ch. 497, Sec. 87. (AB 991) Effective January 1, 2020.)
  76. 75007.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college must follow chancellor’s office guidance, pursue accreditation, report progress to state bodies, and comply with several education, contracting, and collective bargaining requirements.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75007. (a) The college shall be developed and guided by principles and procedures established by the chancellor’s office, as referenced in Section 75001. (b) (1) The college shall seek accreditation and meet requirements for students to become eligible for federal and state financial aid. (A) The college shall provide the Department of Finance and the Legislature with all of the following: (i) An accreditation plan that, at a minimum, identifies an accrediting agency recognized by the United States Department of Education from which the college will seek accreditation, and outlines the process by which the college will achieve accreditation candidacy or preaccreditation by April 1, 2022, and full accreditation by April 1, 2025. This plan shall be provided on or before April 1, 2021. (ii) Evidence of having achieved accreditation candidacy or preaccreditation from an accrediting agency recognized by the United States Department of Education on or before April 1, 2022. (iii) Evidence of having obtained full accreditation from an accrediting agency recognized by the United States Department of Education on or before April 1, 2025. (2) While the college is seeking accreditation, the Workforce Development Board and the Employment Development Department shall determine whether the programs offered by the online college have job market value to California industries by utilizing existing programmatic review processes. (3) The college shall explore a process for allowing students to retroactively obtain credit units upon demonstrated mastery of competencies for programs completed while the college was seeking accreditation. It is the intent of the Legislature that the college reimburse students for any fees charged if the college fails to meet accreditation standards. (4) The college shall inform potential and enrolled students regarding the implications of taking courses prior to accreditation and how the college will help students rectify this issue in the future. (c) In meeting the requirements of paragraph (4) of subdivision (b) of Section 75003, the California Online Community College shall comply with collective bargaining pursuant to paragraph (2) of subdivision (f) of Section 70901. It is the intent of the Legislature that faculty recruitment efforts for the college will focus on California residents who meet the minimum qualifications to be employed at a California community college, or individuals with experience within the California Community Colleges system. (d) The college shall be subject to the same competitive bidding and state contracting requirements that apply to California community college districts. (e) Curricular issues, such as establishment of enrollment caps for courses, shall be subject to the same approval processes that apply to California community college districts. The curriculum developed by the California Online Community College and its faculty shall have the same protections granted to all curriculum developed by other California Community Colleges. (f) It is the intent of the Legislature that any general-purpose apportionment apportioned to the college be subject to the regulatory frameworks of shared governance pursuant to paragraph (7) of subdivision (b) of Section 70902 and the Full-Time Faculty Obligation Number established in Section 51025 of Title 5 of the California Code of Regulations. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  77. 75008.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college must create and maintain a student-centered Research and Development Unit focused on learning science, technology, data, and student support.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75008. (a) The college shall develop a Research and Development Unit that is student-centered and focused on the science of learning to ensure that the technology used by the college is working for the communities it is intended to serve. (b) The Research and Development Unit shall be focused on leveraging current and future learning sciences technology, assessing data metrics within the technological infrastructure to gauge student progress in a course or pathway, informing instructional and support strategies, and improving on the functionality of the underlying technology. (c) The Research and Development Unit shall focus on using technology, data science, behavioral science, machine learning, and artificial intelligence to build out student supports, such as, but not limited to, a virtual help desk which uses technology to respond to commonly asked questions from students at any hour of the day and week. (d) The Research and Development Unit shall share the data, metrics, and findings with the college’s faculty, administrators, and technologists to inform and evolve better teaching and student support practices. (e) The Research and Development Unit shall regularly collaborate with the Digital Innovation and Infrastructure Division of the chancellor’s office to ensure integration, interoperability, and, where possible, use open standards. (f) Insights from the Research and Development Unit shall be shared across the California Community Colleges through existing professional development channels to support campuses in accelerated adoption of demonstrated advancements in teaching, learning, and student supports throughout the system. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  78. 75009.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college is expected to meet phased milestones by set dates, including planning, accreditation, student enrollment, feedback improvements, and program-pathway development.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75009. (a) By July 1, 2019, the college shall be expected to, at a minimum, meet the following milestones: (1) Fully develop a seven-year implementation plan, validate a business plan, and develop three program pathways designed in partnership with employers and industry groups. (2) Develop internal business processes and personnel policies, such as hiring, salaries, and evaluations, and establish outcomes goals including the classifications necessary to support instructional development, and activities and other elements of the student experience. (3) Map the student experience, including, but not necessarily limited to, recruiting, onboarding, transcriptions, instructional experience, billing, entry into internship if applicable to the student’s programs, and entry into jobs. (4) Develop an accreditation plan. (5) Create a statewide outreach plan, which includes working with immigrant groups and community-based organizations to reach the target population of working learners and help design educational opportunities that work for these learners. (6) Define the duties for instructional support, program development, and other student experience activities. (7) Establish a process for the recognition of prior learnings into the student onboarding experience. (8) Plan to begin enrolling students by the last quarter of 2019. (b) By July 1, 2021, the college shall be expected to, at a minimum, meet all of the following milestones: (1) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (2) Design and validate at least three additional program pathways, including coordinating the creation of new content. (3) Apply for accreditation from an accreditor recognized by the United States Department of Education. (c) By July 1, 2023, the college shall be expected to, at a minimum, meet all of the following milestones: (1) Enroll students into the college’s program pathways. (2) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (3) Design and validate at least 10 additional program pathways, including coordinating the creation of new content. (4) For every 10 pathways offered by the college, at least one pathway shall be developed in collaboration with a traditional community college. (d) By July 1, 2025, the college shall be expected to, at a minimum, meet the following milestones: (1) Enroll students into the college’s program pathways. (2) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  79. 75010.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college may set an affordable fee structure, but it must keep fees at or below traditional community college fees and give written 60-day notice to the Director of Finance and the Legislature before any new fee structure takes effect.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75010. (a) Notwithstanding any other law, the college may establish an affordable fee structure. The college shall establish a fee structure that is equivalent to or less than the fees charged by traditional community colleges. The chief executive officer of the college shall notify, in writing, the Director of Finance and the Legislature, not less than 60 days prior to the effective date of any fee structure established under this subdivision. The notification shall contain, but not necessarily be limited to, the amount or amounts of the fees proposed to be charged. Notification to the Legislature under this subdivision shall comply with Section 9795 of the Government Code. (b) (1) Regardless of the college’s fee structure, enrolled students shall be eligible for fee waivers that are consistent with the fee waiver goals of the California College Promise Grants authorized pursuant to Article 1 (commencing with Section 76300) of Chapter 2 of Part 47 and California College Promise fee waivers authorized pursuant to Article 3 (commencing with Section 76396) of Chapter 2 of Part 47. (2) Regardless of the college’s fee structure, students exempt from nonresident tuition pursuant to Article 9 (commencing with Section 76140) of Chapter 1 of Part 47 shall be eligible for tuition and fee waivers pursuant to paragraph (1). (c) It is the intent of the Legislature that students enrolled in the college be eligible to participate in the Cal Grant program if the student otherwise meets the applicable statutory and regulatory requirements of the program. (d) (1) One-time funds appropriated in Section 2.00 of the Budget Act of 2018 in support of the college shall be expended to support the college’s start-up costs. Start-up costs may include support for activities, including, but not necessarily limited to, all of the following: (A) Roadmap development and capital investments for scalable technology infrastructure development to support the college’s instruction, technological support, continuous improvement modeling, and administrative functions. (B) Design and development of the Research and Development Unit that may include fully-supported virtual and mobile labs in order to assess learning science, as well as demonstration pilots to test and refine technology and program development to ensure greater effectiveness and scalability. (C) Establishment of key partnerships with entities with physical presence to provide in-person supports, such as libraries and community college labs and facilities. (D) Support for the development of core functions, such as mapping the student experience, developing and testing a new and experimental fee model, establishing a student outreach plan, and establishing key employer partners. (E) Development of a seven-year business plan with key milestones, indicators, and outcomes. (F) Preparation for and development of applications to seek accreditation. (G) Establishment of business processes, legal support, development of initial and long-term staffing plan, personnel policies and procedures, establishment of responsive metrics, and indicators driving student success to inform design. (H) Scaling efforts over the seven-year startup period. (2) Ongoing funds appropriated in the annual Budget Act in support of the college shall be expended to support the college’s ongoing operations. Ongoing costs may include support for activities, including, but not necessarily limited to, all of the following: (A) Licensing and maintenance for use of technology and related tools. (B) Professional development and training, particularly for faculty and staff in student-facing support roles. (C) Continued assessment of student program pathways, including validation, content development and improvements, and partnership development. (D) Ongoing costs associated with salaries and benefits, facilities, supplies, and incidentals. (E) Other administrative functions of the college. (e) The California Online Community College shall be eligible to claim general apportionment funding pursuant to the formula established in Section 84750.5 or any successor section. (1) Consistent with the Student-Focused Funding Formula established pursuant to Section 84750.4, the district would be eligible for supplemental grants and student success incentive grants. (2) For the first three years in which the district claims apportionments funding, the district’s student success incentive grant metrics may be based on the statewide average for all other community college districts. (3) For purposes of computing the District’s apportionments funding, growth in enrollment for the district will be computed separately from the other California Community Colleges. It is the intent of the Legislature that apportionments for enrollment growth funding for the district be appropriated separately from apportionments enrollment growth funding appropriated in support of all other California Community Colleges. (f) Of the funds appropriated in support of the college, no Proposition 98 General Fund moneys shall be used to support the state operations of the Chancellor’s Office. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  80. 75011.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The college must meet the same accountability measures as other California community college campuses and must file specified startup and progress reports to the Legislature and Department of Finance on set dates. An independent evaluator must assess the college by January 1, 2026.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75011. (a) The college shall be held to at least the same accountability measures and key performance indicators developed by the Board of Governors of the California Community Colleges and the Chancellor’s Office of the California Community Colleges that are applicable to all other campuses of the California Community Colleges. (b) In addition, the college shall report to the Legislature and the Department of Finance on all of the following measures: (1) The college shall report on startup milestones, including the number of designed program pathways, by August 1, 2019. (2) The college shall report on startup milestones, including student enrollment and the number of designed program pathways, by August 1, 2020. (3) The college shall report on startup milestones, including student enrollment, the number of designed program pathways, and student outcomes, by August 1, 2021. This report shall serve as a comprehensive status report on the college’s activities and outcomes, including information on student employment and earning gains after completion of programs, other student success metrics identified by the Research and Development Unit, the number of faculty and staff employed by the college, and a qualitative description of the college’s efforts and progress to reach and serve working adults. (4) The college shall report on startup milestones, including student enrollment, the number of designed program pathways, student outcomes, progress on transition planning for the scaling phase, and a qualitative description of any innovative teaching and student support practices and technologies developed by the college’s faculty and staff, by August 1, 2022, and August 1 of each year thereafter. (c) By January 1, 2026, the college shall also be assessed by an independent evaluator contracted by the board of governors. The independent evaluator shall assess the progress of program production, relationships with industry partners, student success, and the like. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  81. 75012.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. )

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    The chancellor’s office must review two online-community-college related processes and recommend changes to the board of governors by January 1, 2019.

    ## 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 46.5. California Online Community College Act [75000 - 75012] ( Part 46.5 added by Stats. 2018, Ch. 33, Sec. 18. ) ## 75012. (a) The chancellor’s office shall conduct a review of the process used to calculate noncredit and career development college preparation rates, and make recommendations to the board of governors on or before January 1, 2019, on how that process may be modified to encourage the use and development of competency-based courses and programs. (b) The chancellor’s office shall conduct a review of the statewide approval process to offer online courses under a flexible calendar, and make recommendations to the board of governors on or before January 1, 2019. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.)
  82. 76.

    ## 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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    “Oath” includes “affirmation.”

    ## 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. ) ## 76. “Oath” includes affirmation. (Enacted by Stats. 1976, Ch. 1010.)
  83. 76000.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board must admit California residents with a high school diploma or equivalent, and may admit certain nonresidents, apprentices, and other adults under board 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76000. The governing board of a community college district shall admit to the community college any California resident, and may admit any nonresident, possessing a high school diploma or the equivalent thereof. The governing board may admit to the community college any apprentice, as defined in Section 3077 of the Labor Code, who, in the judgment of the governing board, is capable of profiting from the instruction offered. The governing board may by rule determine whether there shall be admitted to the community college any other person who is over 18 years of age and who, in the judgment of the board, is capable of profiting from the instruction offered. If the governing board determines to admit other persons, those persons shall be admitted as provisional students and thereafter shall be required to comply with the rules and regulations prescribed by the board of governors pertaining to the scholastic achievement and other standards to be met by provisional or probationary students, as a condition to being readmitted in any succeeding semester. This paragraph shall not apply to persons in attendance in special classes and programs established for adults pursuant to Section 78401 or to any persons attending on a part-time basis only. (Amended by Stats. 1995, Ch. 758, Sec. 88. Effective January 1, 1996.)
  84. 76001.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may admit eligible students as special part-time or full-time students, but if it denies a request it must explain the denial in writing and follow the timing rules. Special part-time students may enroll in up to 11 units per semester, and such students generally get low enrollment priority unless the middle college high school exception 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76001. (a) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time or full-time student in any session or term any student who is eligible to attend community college pursuant to Section 48800, 48800.5, or 52620. (b) If the governing board denies a request for a special part-time or full-time enrollment at a community college, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) The attendance of a student at a community college as a special part-time or full-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Sections 48802, 52621, and 76002. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards. (d) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college. (e) (1) Except as provided in paragraph (2), the governing board of a community college district shall assign a low enrollment priority to special part-time or full-time students described in subdivision (a) in order to ensure that these students do not displace regularly admitted students. (2) This subdivision does not apply to a student attending a middle college high school as described in Section 11300, if the student is seeking to enroll in a community college course that is required for the student’s middle college high school program. (Amended by Stats. 2019, Ch. 528, Sec. 2. (SB 554) Effective January 1, 2020.)
  85. 76002.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district may count certain high school students in FTES for state apportionments only if the classes meet specific publicity, access, and campus-timing 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76002. (a) For purposes of receiving state apportionments, a community college district may include high school students who attend a community college within the district pursuant to Sections 48800, 52620, and 76001 in the district’s report of full-time equivalent students (FTES) only if those students are enrolled in community college classes that meet all of the following criteria: (1) The class is open to the general public. (2) (A) The class is advertised as open to the general public in one or more of the following: (i) The college catalog. (ii) The regular schedule of classes. (iii) An addenda to the college catalog or regular schedule of classes. (B) If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days before the first meeting of the class. (3) If the class is offered at a high school campus, the class shall not be held during the time the campus is closed to the general public, as defined by the governing board of the school district during a regularly scheduled board meeting. (4) If the class is a physical education class, no more than 10 percent of its enrollment may be comprised of special part-time or full-time students. A community college district shall not receive state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5 percent of the district’s total reported full-time equivalent enrollment of special part-time and full-time students. (b) The governing board of a community college district may restrict the admission or enrollment of a special part-time or full-time student during any session based on any of the following criteria: (1) Age. (2) Completion of a specified grade level. (3) Demonstrated eligibility for instruction using assessment methods and procedures established pursuant to Chapter 2 (commencing with Section 78210) of Part 48 and regulations adopted by the Board of Governors of the California Community Colleges. (c) (1) The Chancellor of the California Community Colleges shall prepare and submit to the Department of Finance and the Legislature, on or before March 1, 2004, and March 1 of each year thereafter, a report on the amount of FTES claimed by each community college district for special part-time and special full-time students for the preceding academic year in each of the following class categories: (A) Noncredit. (B) Nondegree-applicable. (C) Degree-applicable, excluding physical education. (D) Degree-applicable physical education. (2) The report prepared pursuant to paragraph (1) may include information required to be reported pursuant to paragraph (4) of subdivision (d) of Section 48800. (d) The Board of Governors of the California Community Colleges shall adopt rules and regulations to implement this section. (Amended by Stats. 2019, Ch. 528, Sec. 3. (SB 554) Effective January 1, 2020.)
  86. 76003.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The Long Beach Community College District may admit participating partnership students, include certain high school pupils in FTES reporting for state apportionments if not already reimbursed, must report partnership money use by November 1 each year, and may give enrollment priority to specified students.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76003. (a) Notwithstanding Section 76001, the governing board of the Long Beach Community College District may admit to any community college under its jurisdiction, as a special part-time or full-time student, in any session or term, any student who is participating in the partnership established pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (b) (1) For the purpose of receiving state apportionments pursuant to Section 76002, the Long Beach Community College District may include high school pupils who attend a community college within the district and participate in the College Promise Partnership Act pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2 in the district’s report of full-time equivalent students (FTES), provided that no school district has received reimbursement for the same instructional activity. (2) The Long Beach Community College District shall report to the Chancellor of the California Community Colleges the moneys utilized for the partnership pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2 by no later than November 1 of each year the partnership is in operation. (c) Credit for partnership courses completed shall be at the level determined to be appropriate by the governing boards of the Long Beach Unified School District and the Long Beach Community College District pursuant to the terms of the partnership established pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (d) The Long Beach Community College District may assign priority for enrollment and course registration to any of the following: (1) Students pursuing and making satisfactory academic progress toward a degree, certificate, transfer, or basic skills objective that is declared or reaffirmed upon enrollment in each academic term. (2) Students pursuing and making satisfactory academic progress pursuant to an approved individual education plan toward a career development objective that is declared or reaffirmed upon enrollment in each academic term. (3) Notwithstanding subdivision (e) of Section 76001, students participating in a partnership in accordance with Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (Amended by Stats. 2017, Ch. 762, Sec. 3. (AB 1533) Effective October 13, 2017.)
  87. 76004.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college districts may enter CCAP partnerships, but the agreement must include specific terms, reporting, and student protections.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Admission of Students [76000 - 76004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76004. Notwithstanding Section 76001 or any other law: (a) (1) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. (2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates. (3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children. (b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following: (1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership. (2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner. (c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, and shall include, but not be limited to, the total number of high school pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil’s participation in the CCAP partnership. (2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education partner. (3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section. (d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section, or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a). (e) A community college district shall allow an existing CCAP partnership to be amended, or a new CCAP agreement to be established with a school district or county office of education and a community college district outside of the primary community college district’s service area, if the primary community college district has declined a request from the school district or county office of education, or has failed to take action within 60 calendar days of a request by the school district or county office of education, to either amend into the existing CCAP partnership the requested courses, or to approve another community college district to enter into a CCAP partnership to offer those courses. (f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011. (g) (1) A community college district participating in a CCAP partnership shall assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with the middle college high school provisions in Section 76001. (2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college. (h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or convicted of any controlled substance offense as defined in Section 87011. (i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus. (j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus. (k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following: (1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus. (2) Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college. (l) The CCAP partnership agreement shall certify that both the school district or county office of education and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit. (m) The CCAP partnership agreement shall specify both of the following: (1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. (2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. (n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupil’s junior or senior year to ensure that the pupil is prepared for college-level work upon graduation. (o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement. (2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. (p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus, if all of the following circumstances are satisfied: (1) The units constitute no more than four community college courses per term. (2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. (3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential. (q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121. (r) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus. (s) A district or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment. (t) (1) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district or county office of education has received reimbursement for the same instructional activity. (2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses. (u) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges all of the following information: (A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws. (B) The total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants. (C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. (D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. (E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants. (2) On or before May 1 of each year, the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a report of that information to all of the following: (A) The Legislature, in compliance with Section 9795 of the Government Code. (B) The Director of Finance. (C) The Superintendent. (3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002. (4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement. (v) A community college district that violates this article, including, but not limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032. (w) This section does not affect a dual enrollment partnership agreement existing on January 1, 2016, under which an early college high school, a middle college high school, or a California Career Pathways Trust existing on January 1, 2016, is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016, shall not operate as a CCAP partnership unless it complies with this section. (x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. (Amended by Stats. 2024, Ch. 789, Sec. 1. (SB 1244) Effective January 1, 2025.)
  88. 76010.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Housing [76010 - 76011] ( Article 1.5 added by Stats. 2009, Ch. 391, Sec. 1. )

    Verify source ↗

    Community college campuses with student housing are requested to prioritize housing for current and former homeless youth and foster youth, and all campuses are requested to plan for access to housing 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Housing [76010 - 76011] ( Article 1.5 added by Stats. 2009, Ch. 391, Sec. 1. ) ## 76010. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, 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)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (Amended by Stats. 2015, Ch. 571, Sec. 2. (AB 1228) Effective January 1, 2016.)
  89. 76011.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Housing [76010 - 76011] ( Article 1.5 added by Stats. 2009, Ch. 391, Sec. 1. )

    Verify source ↗

    If a community college campus has student shower facilities, the district board must let qualifying homeless students use them without requiring extra course enrollment.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Housing [76010 - 76011] ( Article 1.5 added by Stats. 2009, Ch. 391, Sec. 1. ) ## 76011. (a) If a community college campus has shower facilities for student use on campus, the governing board of the community college district shall grant access to those facilities to any homeless student who is enrolled in coursework, has paid enrollment fees, and is in good standing with the community college district without requiring the student to enroll in additional courses. (b) The governing board shall determine a plan of action to implement subdivision (a) that includes, but is not limited to, all of the following: (1) Hours of operation for the shower facilities, consistent with subdivision (c). (2) The minimum number of units a student must be enrolled in to use the facilities. (3) A plan of action if hours of operation conflict with an intercollegiate athletic program. (4) A definition of homeless student that is based on the definition of homeless youth specified in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), but also reflects the age of the homeless student population at the community college campus. (c) Hours of operation shall be consistent with hours of operation of the facilities in which the showers are located, shall be set at a minimum of two hours per weekday, and shall not conflict with the intercollegiate athletic program of the campus. (Added by Stats. 2016, Ch. 407, Sec. 1. (AB 1995) Effective January 1, 2017.)
  90. 76020.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Exclusion of Students [76020- 76020.] ( Heading of Article 2 amended by Stats. 1976, Ch. 1011. )

    Verify source ↗

    A community college district governing body may exclude certain students, including those with filthy or vicious habits or contagious or infectious diseases.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Exclusion of Students [76020- 76020.] ( Heading of Article 2 amended by Stats. 1976, Ch. 1011. ) ## 76020. (a) The governing body of any community college district may exclude students of filthy or vicious habits, or students suffering from contagious or infectious diseases. (b) The governing board of the community college may exclude from attendance on regular classes any student whose physical or mental disability is such as to cause his or her attendance to be inimical to the welfare of other students. (Amended by Stats. 1990, Ch. 1372, Sec. 420.)
  91. 76030.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    Community college officials must suspend a student for good cause, and the governing board may expel a student for good cause in specified circumstances.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76030. (a) Consistent with requirements of due process of law, with this article, and with the rules of student conduct adopted by the governing board under Section 66300, the governing board, the president of a community college or the president’s designee, or an instructor shall suspend a student for good cause. In addition, the governing board is authorized to expel a student for good cause when other means of correction fail to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others. The suspension or expulsion of a student shall be accompanied by a hearing conducted pursuant to the requirements of Section 66017. (b) (1) Notwithstanding any other law, if an order requested by a community college district to protect a campus of a community college district or any person regularly present on a campus of that district is issued upon a finding of good cause by a court against a student of that community college district, and the order prevents that student from attending classes and maintaining his or her academic standing, the community college district may require the student to apply for reinstatement after the expiration of that order. If the district requires the student to apply for reinstatement, it shall do so before the expiration of the protective order. If a student applies for reinstatement under this paragraph, a review with respect to the application shall be conducted. This review, at a minimum, shall include consideration of all of the following issues: (A) The gravity of the offense. (B) Evidence of subsequent offenses, if any. (C) The likelihood that the student would cause substantial disruption if he or she is reinstated. (2) The governing board of the community college district, or the person to whom authority is delegated pursuant to subdivision (f) of Section 76038, shall take one of the following actions after conducting a review under paragraph (1): (A) Deny reinstatement. (B) Permit reinstatement. (C) Permit conditional reinstatement and specify the conditions under which reinstatement will be permitted. (Amended by Stats. 2015, Ch. 303, Sec. 121. (AB 731) Effective January 1, 2016.)
  92. 76031.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    Student conduct rules may allow a community college president or designee to suspend students for good cause, and the president must report suspensions and notify a minor’s parent or guardian in writing.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76031. The adopted rules of student conduct may authorize the president of a community college or the president’s designee to suspend a student for good cause as follows: (a) From one or more classes for a period of up to 10 days of instruction. (b) From one or more classes for the remainder of the school term. (c) From all classes and activities of the community college for one or more terms. The adopted rules of student conduct shall prohibit a student from being enrolled in any community college in the district for the period of suspension. The president of the community college shall report all suspension of students to the governing board or to the district superintendent. Whenever a minor is suspended from a community college, the parent or guardian shall be notified in writing by the president or the president’s designee. Nothing in this section shall be construed to prohibit the president of a community college or the president’s designee from imposing a lesser disciplinary sanction than suspension. A lesser sanction may include, but need not be limited to, verbal or written reprimand, probation, or ineligibility to participate in extracurricular activities. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.)
  93. 76032.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    An instructor may remove a student from class for the removal day and next class meeting, must report the removal immediately, and certain follow-up steps apply for minors and conference attendance.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76032. The adopted rules of student conduct may authorize an instructor to remove a student from his or her class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the chief administrative officer for appropriate action. If the student removed by an instructor is a minor, the college president or the president’s designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the instructor or the parent or guardian so requests, a college administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the instructor of the class. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.)
  94. 76033.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    This section says “good cause” for student removal, suspension, or expulsion includes several kinds of misconduct committed while enrolled as a student.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76033. As used in this article, “good cause” includes, but is not limited to, the following offenses, occurring while enrolled as a student: (a) Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel. (b) Assault, battery, or any threat of force or violence upon a student or college personnel. (c) Willful misconduct which results in injury or death to a student or college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the district. (d) The use, sale, or possession on campus of, or presence on campus under the influence of, any controlled substance, or any poison classified as such by Schedule D in Section 4160 of the Business and Professions Code. (e) Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board. (f) Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (g) Sexual assault, defined as actual or attempted sexual contact with another person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following: (1) Intentional touching of another person’s intimate parts without that person’s consent or other intentional sexual contact with another person without that person’s consent. (2) Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent. (3) Rape, which includes penetration, no matter how slight, without the person’s consent, of either of the following: (A) The vagina or anus of a person by any body part of another person or by an object. (B) The mouth of a person by a sex organ of another person. (h) Sexual exploitation, defined as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following: (1) Prostituting another person. (2) Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent. (3) Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure. (4) Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire. (Amended by Stats. 2015, Ch. 232, Sec. 1. (SB 186) Effective January 1, 2016.)
  95. 76034.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    A student may not be removed, suspended, or expelled unless the misconduct is related to college activity or college attendance, except for conduct covered by Section 76033(g) and (h).

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76034. (a) Except in response to conduct specified in subdivisions (g) and (h) of Section 76033, no student shall be removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or college attendance. (b) This section is not intended to limit provisions of federal law, or limit the ability of community college districts to take appropriate action under federal law. (Amended by Stats. 2015, Ch. 232, Sec. 2. (SB 186) Effective January 1, 2016.)
  96. 76035.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    At a community college, the president or designee must notify local law enforcement when a student is suspended or expelled and the student’s acts may violate Penal Code Section 245.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76035. The president or the president’s designee at a community college shall, upon the suspension or expulsion of any student, notify the appropriate law enforcement authorities of the county or city in which the school is situated of any acts of the student which may be in violation of Section 245 of the Penal Code. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.)
  97. 76036.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    Parking-related law, ordinance, regulation, or rule violations cannot be used to remove, suspend, or expel a student from a 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76036. Any violation or violations of law, ordinance, regulation, or rule regulating, or pertaining to, the parking of vehicles, shall not be cause for the removal, suspension, or expulsion of a student from a community college. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.)
  98. 76037.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    A governing board may adopt additional student rules and penalties, so long as they do not conflict with this 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76037. Nothing in this article shall be construed to limit the authority of a governing board to adopt additional rules and regulations which are not inconsistent with the requirements of this article. These additional rules may, among other things, prescribe specific rules and regulations governing student behavior, along with applicable penalties for violations of the adopted rules and regulations, and may prescribe appropriate due process procedures, including procedure by which students shall be informed of these rules and regulations. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.)
  99. 76038.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. )

    Verify source ↗

    Community college districts must hold a hearing before denying or conditionally admitting certain previously expelled applicants, and they must consider later offenses and rehabilitation.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] ( Article 3 repealed and added by Stats. 1983, Ch. 1032, Sec. 2. ) ## 76038. (a) If the governing board of a community college district receives an application for admission from an individual who has been expelled from another district pursuant to this article within the preceding five years, or who is undergoing expulsion procedures in another district, for any of the offenses listed in subdivision (b), before taking action to deny enrollment or permit conditional enrollment as authorized by subdivision (e), the governing board or delegate pursuant to subdivision (f) shall hold a hearing, conducted in accordance with this section and the applicable rules and regulations governing enrollment hearings authorized by this section and adopted in accordance with Section 66300, to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. (b) For purposes of this section, “offense” means one of the following: (1) Committed or attempted to commit murder. (2) Caused, attempted to cause serious, or threatened to cause physical injury to another person, including assault or battery as defined in Section 240 or 242 of the Penal Code, except in self-defense. (3) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed sexual battery as defined in Section 243.4 of the Penal Code. (4) Committed or attempted to commit kidnapping, or seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped, or carried away another person by any means with the intent to hold or detain that person for ransom or reward. (5) Committed or attempted to commit robbery or extortion. (6) Committed stalking as defined in Section 646.9 of the Penal Code. (7) Unlawfully possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object. (c) A community college district may request information, and respond to a request for information, from another community college district to determine whether an applicant continues to pose a danger to the physical safety of others. (d) A community college district may require a student seeking admission who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) to inform the district of his or her prior expulsion. Failure to do so may be considered by the district in determining whether to grant admission, and a written record of the fact may be maintained by the district with the applicant’s file. (e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), shall take into consideration evidence of subsequent offenses and rehabilitative efforts since the offense and may take any of the following actions: (1) Deny enrollment. (2) Permit enrollment. (3) Permit conditional enrollment. (f) The governing board of a community college district may delegate any authority under this section to the superintendent or president of a community college district, or his or her designee, or a threat assessment crisis response team pursuant to rules and regulations adopted pursuant to Section 66300. (g) Before the governing board of a community college district takes action as authorized under this section, the governing board shall establish a formal appeals process for students denied enrollment to appeal the decision to the governing board. A student who is denied enrollment under subdivision (e) may appeal the decision to deny enrollment to the governing board of the community college district. (h) This section shall not be construed to impose any duty on a community college district to review applicants for admission or review previously enrolled students, whether returning or continuing, or to conduct a hearing in response to the receipt of any information regarding a potential, former, or existing student. (i) In accordance with Sections 815.2 and 820.2 of the Government Code, a community college district, a member of the governing board of a community college district, an officer or employee of a community college district, including a superintendent of a community college district, a president of a community college district, and the designee of a president or a superintendent, shall not be liable for an injury resulting from an exercise of discretion pursuant to this section, including, but not limited to, an exercise of discretion not to conduct a hearing when a hearing is not required. (j) This section shall not apply to the admission of students for whom a community college district has discretion to admit pursuant to Section 76000. (Amended by Stats. 2018, Ch. 423, Sec. 16. (SB 1494) Effective January 1, 2019.)
  100. 76060.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may let students form a student body association, and the association must encourage student participation in college governance.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76060. The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college and may conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. The association may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district. The governing board of the community college district may authorize the students of a college to organize more than one student body association when the governing board finds that day students and evening students each need an association or geographic circumstances make the organization of only one student body association impractical or inconvenient. A community college district may assume responsibility for activities formerly conducted by a student body association if the student body association is dissolved. A student body association employee who was employed to perform the activity assumed by the district pursuant to this section shall become a member of the classified service of the district in accordance with Section 88020. (Repealed and added by Stats. 1987, Ch. 1238, Sec. 2.)
  101. 76060.5.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section requires community colleges to collect a $2 student representation fee in certain cases, keep and distribute the money under specified rules, and allows a student to refuse to pay.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76060.5. (a) If a student body association has been established at a community college as authorized by Section 76060, a student representation fee of two dollars ($2) shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government. (b) (1) One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities. (2) The underlying goals of a statewide community college student organization shall include, but are not limited to, all of the following: (A) Establishing a sustainable foundation for statewide community college student representation and advocacy. (B) Promoting institutional and organizational memory. (C) Ensuring and maintaining responsible community college student organizational oversight and decisionmaking. (D) Strengthening regional approaches for community college student representation and coordination. (E) Promoting and enhancing student opportunities for engagement in community college student issues and affairs. (F) Providing for open and public transparency and accountability. (G) Supporting student participation and engagement in statewide higher education policy and advocacy activities. (c) Fees collected pursuant to subdivision (b) shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following: (1) Is established as a legal entity registered with the Secretary of State. (2) Demonstrates compliance with all applicable state and federal laws and reporting requirements. (3) Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures. (4) (A) Commencing after the first year it receives funding pursuant to this subdivision, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review. (B) (i) Except as provided in clause (ii) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings. (ii) In no event shall funds be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so. (5) Meets the obligations and addresses the goals described in subdivision (b). (d) Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (e) (1) The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in subdivision (c), and the money shall be disbursed for the purposes described in subdivision (a) upon the order of the governing body of the student body association. (2) The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at the community college district board meeting each year and posted to the community college district internet website. (3) The community college district may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent. (f) A student may refuse to pay the student representation fee established under this section. The community college shall provide the student a means to refuse to pay the student representation fee on the same form that is used for collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges. (g) Any costs incurred by the Office of the Chancellor of the California Community Colleges to implement subdivisions (b) and (c) shall be reimbursed by the statewide community college student organization. (h) If no statewide community college student organization that qualifies for funding in accordance with this section is recognized by the Board of Governors, the funds collected pursuant to this section shall be held by the Office of the Chancellor of the California Community Colleges until a qualifying statewide community college student organization is recognized, or shall be returned to the source of funds. (Amended by Stats. 2021, Ch. 615, Sec. 79. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  102. 76061.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A student elected as a community college student government officer must satisfy one of the listed eligibility requirements.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76061. A student who is elected to serve as an officer in the student government of a community college shall meet any of the following requirements: (a) (1) The student shall be enrolled in the community college at the time of election, and throughout the student’s term, with a minimum of five semester units, or the equivalent quarter units. (2) The student shall meet and maintain the minimum standards of scholarship prescribed for community college students by the community college district. (b) The student shall be enrolled in an adult education program offered by a community college district pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50, at the time of the election and throughout the student’s term. (c) The student is enrolled in the community college at the time of election, and throughout the student’s term, and is a disabled student, as defined in subdivision (b) of Section 84850. (Amended by Stats. 2022, Ch. 79, Sec. 1. (AB 1736) Effective January 1, 2023.)
  103. 76062.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may authorize student-only organizations to carry out activities, including fundraising, if the board approves 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76062. The governing board of a community college district may authorize any organization composed entirely of students attending the colleges of the district to maintain any activities, including fundraising activities, as may be approved by the governing board. (Repealed and added by Stats. 1987, Ch. 1238, Sec. 5.)
  104. 76063.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Student body organization funds in a community college district may be deposited or invested only in authorized ways and only with governing board approval; spending also requires approved procedures and approval from three designated persons each time.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76063. The funds of any student body organization established in the public schools of any community college district shall, subject to approval of the governing board of the district, be deposited or invested in one or more of the following ways: (a) Deposits in trust accounts of the centralized State Treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (b) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance. (c) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities. (d) Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code and that are open exclusively to nonprofit colleges, universities, and independent schools. (e) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance. The funds shall be expended subject to procedures that may be established by the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the community college district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization. (Amended by Stats. 1995, Ch. 201, Sec. 1. Effective January 1, 1996.)
  105. 76064.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Student body organization funds may be loaned or invested in specified ways, including loans to another district student body organization and investments in certain district property improvements.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76064. In addition to deposit or investment pursuant to Section 76063, the funds of a student body organization may be loaned or invested in any of the following ways: (a) Loans, with or without interest, to any student body organization established in another community college of the district for a period not to exceed three years. (b) Invest money in permanent improvements to any community college district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body. The investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any community college district approving the investment shall establish a fund in accordance with the California Community Colleges Budget and Accounting Manual in which moneys derived from the rental of community college district property to student body organizations shall be deposited. Moneys collected by the governing board for automobile parking facilities as authorized by Section 76360 shall be deposited in the fund designated by the California Community Colleges Budget and Accounting Manual if the parking facilities were provided for by investment of student body funds under this section. Moneys shall be returned to the student body organization as contemplated by this section exclusively from the special fund and only to the extent that there are moneys in the special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board. Two or more student body organizations of the same community college district may join together in making the investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of community college district property by student body organizations as provided in Section 76060. (Amended by Stats. 1993, Ch. 8, Sec. 31. Effective April 15, 1993.)
  106. 76065.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board must supervise funds raised by student bodies or student organizations using the college’s name, and it may arrange a continuing audit of those funds.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76065. The governing board of any community college district shall provide for the supervision of all funds raised by any student body or student organization using the name of the college. The cost of supervision may constitute a proper charge against the funds of the district. The governing board of a community college district may also provide for a continuing audit of student body funds with community college district personnel. (Enacted by Stats. 1976, Ch. 1010.)
  107. 76067.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain student political organizations may meet and distribute materials on a community college campus, if there is no school endorsement and no interference with the district’s regular educational program.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Student Organizations [76060 - 76067] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76067. Any student political organization that is affiliated with the official youth division of any political party that is on the ballot of the State of California may hold meetings on a community college campus, and may distribute bulletins and circulars concerning its meetings, provided that there is no endorsement of that organization by the school authorities and no interference with the regular educational program of the district. (Amended by Stats. 2005, Ch. 654, Sec. 8. Effective October 7, 2005.)
  108. 76070.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] ( Article 4.5 added by Stats. 2007, Ch. 607, Sec. 1. )

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    This section states findings about California Community College students’ low participation in financial aid programs and expresses the Legislature’s intent to support initiatives that increase Pell Grant awards.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] ( Article 4.5 added by Stats. 2007, Ch. 607, Sec. 1. ) ## 76070. (a) The Legislature finds and declares all of the following: (1) Students of the California Community Colleges (CCC) receive federal Pell Grants at a rate significantly below the national community college average, and yet there is no indication that CCC students are less needy. (2) California taxpayers pay into the federal Pell Grant program through federal taxes, but California students do not receive the benefits of the federal Pell Grant program at equal levels. (3) California Community Colleges students receive federal Pell Grant funds at a rate significantly below undergraduate students at the University of California and the California State University, and again, there is no indication that CCC students are less needy. (4) California maintains a low fee for CCC students, significantly lower than for University of California and California State University students and lower than the fee for other community college students in the nation, but this does not mean these students need fewer funds from the federal Pell Grant program. Federal Pell Grant funds do not pay community college fees; instead, federal Pell Grant funds are directed toward the remaining costs of attendance, called “indirect expenses” such as books, supplies, and room and board, which are just as high, and sometimes higher, for CCC students as for those other students in the nation and in other California colleges. (5) Textbook prices are soaring, many CCC students live in high-cost urban areas, many CCC students support children, and financially needy CCC students struggle to make ends meet. A low participation rate in the largest federal grant program in California’s largest system of postsecondary education is unacceptable. (6) The University of California (UC) and the California State University (CSU) conduct annual one-day conferences to educate California high school counselors about the policies, procedures, and services available in their respective systems. The California Community Colleges have not been funded to conduct similar statewide conferences, and must rely on local relationships that do not give all high schools access to consistent information. It is critical for student success in the community colleges that high school counselors are full partners in outreach and preparation, particularly as California is poised to hire and train many new counselors. This training will help counselors understand that all students need encouragement, information, and support services to pursue postsecondary education, not just those who are the most successful and traditionally viewed as headed to four-year colleges and universities. (7) California Community Colleges financial aid programs received a major infusion of administrative allowances in the Budget Act of 2003 (Chapter 157 of the Statutes of 2003), which has resulted in substantial progress in assisting more students to receive federal Pell Grants; however, the average financial aid administrative support per student in the CCC segment, as compared to support for undergraduates in the UC and CSU systems is still significantly lower, while the administrative function is no less demanding, and in some aspects, more demanding, than the challenges faced by financial aid administrators in the UC and CSU systems. (8) Some CCC students fail to receive federal Pell Grants because they do not enroll directly from high school or drop out after beginning attendance, or take very few units and work to support themselves and often to help their families. The income from these jobs, which cannot be sustained if a student desires to be a full-time student, causes students to become ineligible for federal Pell Grants. The colleges have the discretion, under federal law, to work with individuals to document the changes in their circumstances and justify eligibility, but to do so is labor-intensive and, thus, not a service that can be widely provided. (9) Some CCC students are not able to secure financial information from their parents, or are reluctant to approach parents who live in poverty, and give up when they discover the financial aid application process involves their parents. The counseling and assistance necessary to make these highly needy students eligible is also labor-intensive and is, thus, difficult to provide without sufficient professional staff. (10) Some students fail to qualify for federal Pell Grants because they have not yet declared an “eligible program” as their objective, and scarce counseling resources in the community colleges exacerbate this problem. (11) Efforts to improve participation in federal student aid will also have a beneficial effect on participation in the Cal Grant Program, which currently provides only 10 percent of the financial aid funding in the community colleges. While there are participation barriers in the Cal Grant Program, such as early deadlines and limited funds for older students, that cannot be addressed by increased support services, some students will be reached who might not otherwise qualify for the Cal Grant Program. (12) Efforts to improve participation in federal student aid will additionally have a beneficial effect on participation in the Board of Governors Enrollment Fee Waiver Program, which is critical to community college access. (13) The CCC Chancellor’s Office maintains a financial aid unit, but it does not have the staffing capacity to undertake a wide range of systemwide initiatives and support. These initiatives could leverage millions of dollars in federal student assistance. (b) It is the intent of the Legislature to support an array of initiatives to increase the number of CCC students receiving awards from the federal Pell Grant program, thereby helping to improve access to college for low-income students, helping improve their chances of success by having improved financial means to pay for escalating college costs, and the ability to devote more time to their education, improving the participation rate in other federal and state student aid programs, and helping Californians receive their fair share of the federal taxes paid to support federal financial aid programs. (Added by Stats. 2007, Ch. 607, Sec. 1. Effective January 1, 2008.)
  109. 76071.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] ( Article 4.5 added by Stats. 2007, Ch. 607, Sec. 1. )

    Verify source ↗

    The CCC Chancellor’s Office must prepare student financial-aid acknowledgment statements, and the chancellor must ask colleges to use them in enrollment and aid-related communications.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] ( Article 4.5 added by Stats. 2007, Ch. 607, Sec. 1. ) ## 76071. (a) The CCC Chancellor’s Office shall develop a statement that individual students will be asked to sign, which acknowledges that federal and state funds are available to assist with the costs of college and that information regarding these programs, and assistance in applying for those funds can be obtained at the financial aid office. The chancellor shall request the colleges to require students to sign this acknowledgment in the application for enrollment at all campuses of the California Community Colleges in the next regular local cycle in which those forms are printed and the next regular cycle in which electronic applications are updated. (b) The CCC Chancellor’s Office shall develop a statement to individual students receiving the Board of Governors Enrollment Fee Waiver, who did not apply for federal student aid, informing them about the benefits of the federal programs, the application process, and the availability of assistance to apply. The chancellor shall request colleges to provide this statement to all students who meet this description. (Added by Stats. 2007, Ch. 607, Sec. 1. Effective January 1, 2008.)
  110. 76120.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Exercise of Free Expression [76120 - 76121] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board must adopt free-expression rules for students, and those rules cannot ban student free expression except for specified prohibited expression.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Exercise of Free Expression [76120 - 76121] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 76120. The governing board of a community college district shall adopt rules and regulations relating to the exercise of free expression by students upon the premises of each community college maintained by the district, which shall include reasonable provisions for the time, place, and manner of conducting such activities. Such rules and regulations shall not prohibit the right of students to exercise free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia, except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to create a clear and present danger of the commission of unlawful acts on community college premises, or the violation of lawful community college regulations, or the substantial disruption of the orderly operation of the community college, shall be prohibited. (Enacted by Stats. 1976, Ch. 1010.)
  111. 76121.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Exercise of Free Expression [76120 - 76121] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must let eligible students take tests or exams at a time that does not conflict with their religious creed, without penalty, unless doing so would create an unavoidable undue hardship.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Exercise of Free Expression [76120 - 76121] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 76121. The governing board of each community college district shall require each community college maintained by the district, in administering any test or examination, to permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship which could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. (Added by Stats. 1985, Ch. 633, Sec. 1.)
  112. 76140.3.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Chancellor’s Office must provide specified community college data to the Legislative Analyst’s Office, and the Legislative Analyst’s Office must summarize that data and analyze compliance in its annual budget analysis.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 76140.3. (a) The Chancellor’s Office of the California Community Colleges shall make available to the Legislative Analyst’s Office all of the following data, categorized by community college district and by academic year, commencing with the 2009–10 academic year: (1) The number of resident students, rendered both as headcount and as full-time equivalent students (FTES), including an identification of any resident enrollment above the district’s cap. (2) The number of nonresident students, rendered both as headcount and as FTES. (3) The per-unit nonresident tuition rate. (4) The total amount of revenue received from nonresident tuition. (5) The total apportionment funding received by the district. (b) The Legislative Analyst’s Office shall include, in its annual analysis of the Governor’s budget proposal, a summary of the data made available pursuant to subdivision (a), as well as an analysis of the degree to which the affected community colleges have complied with the requirements of paragraph (2) of subdivision (e) of Section 76140. (Added by Stats. 2010, Ch. 259, Sec. 2. (AB 2297) Effective January 1, 2011.)
  113. 76140.5.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college may treat certain hired nonresident students as residents for police academy training enrollment and completion if specified agency and written-assurance 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 76140.5. Notwithstanding Section 76140, a community college may classify a nonresident student who has been hired by a public agency, as a resident for purposes of enrollment in and completion of police academy training courses at a community college, if the student has passed all other requirements of the public agency and if written assurances are provided by the public agency that it intends to classify the student as a peace officer upon successful completion of the police academy training course. (Added by Stats. 1987, Ch. 435, Sec. 1.)
  114. 76141.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may charge some nonresident students an additional fee, but the fee is capped and certain students are exempt.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 76141. (a) In addition to the nonresident tuition fee established pursuant to Section 76140, a community college district may charge to nonresident students an amount not to exceed the amount that was expended by the district for capital outlay in the preceding fiscal year divided by the total full-time equivalent students of the district in the preceding fiscal year. (b) Any fee charged pursuant to this section shall not exceed 50 percent of the nonresident tuition fee established pursuant to Section 76140. (c) (1) Any student who can demonstrate economic hardship, or who is a victim of persecution or discrimination in the country in which the student is a citizen and resident, is exempt from this fee. (2) For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that encompasses the financial circumstances of a person who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Part A of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program. (d) Revenue from any fee charged pursuant to this section shall be expended only for purposes of capital outlay, maintenance, and equipment. (Amended by Stats. 2009, Ch. 377, Sec. 1. (AB 947) Effective January 1, 2010.)
  115. 76142.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may charge certain foreign-country nonresident applicants a processing fee, capped at the lesser of actual processing cost or $100, but not if the applicant qualifies for a nonresident tuition exemption or can show economic hardship.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 76142. (a) A community college district may charge nonresident applicants who are both citizens and residents of a foreign country a processing fee not to exceed the lesser of: (1) the actual cost of processing an application and other documentation required by the federal government, or (2) one hundred dollars ($100), which may be deducted from the tuition fee at the time of enrollment. (b) No processing fee shall be charged to an applicant who would be eligible for an exemption from nonresident tuition pursuant to Section 76140 or who can demonstrate economic hardship. For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that includes the financial circumstances of a person who is a victim of persecution or discrimination in the foreign country in which the applicant is a citizen and resident, or who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Parts A and F of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program. (Amended by Stats. 2005, Ch. 654, Sec. 11. Effective October 7, 2005.)
  116. 76143.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must ignore time spent outside the state for certain students, and may not charge nonresident tuition if the student meets the listed conditions.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [76000 - 76143] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nonresident Tuition [76140 - 76143] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 76143. For purposes of the nonresident tuition fee, a community college district shall disregard the time during which a student living in the district resided outside the state, if: (1) The change of residence to a place outside the state was due to a job transfer and was made at the request of the employer of the student or the employer of the student’s spouse or, in the case of a student who resided with, and was a dependent of, the student’s parents, the change of residence was made at the request of an employer of either of the student’s parents. (2) Such absence from the state was for a period of not more than four years. (3) At the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student’s absence from the state was disregarded. A nonresident tuition fee shall not be charged to a student who meets each of the conditions specified in subdivisions (1) to (3), inclusive. (Amended by Stats. 1977, Ch. 36.)
  117. 76200.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Legislative Intent [76200- 76200.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states its intent to address conflicts between California law and federal student-record confidentiality requirements and to update the law on those records.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Legislative Intent [76200- 76200.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76200. It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding the confidentiality of student records in order to insure the continuance of federal education funds to public community colleges within the state, and to revise generally and update the law relating to such records. (Enacted by Stats. 1976, Ch. 1010.)
  118. 76210.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Definitions [76210- 76210.] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “student record,” “directory information,” and “access” for the chapter.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Definitions [76210- 76210.] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 76210. As used in this chapter, the following definitions shall apply: (a) (1) “Student record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means. (2) “Student record” does not include (A) confidential letters and statements of recommendations maintained by a community college on or before January 1, 1975, if these letters or statements are not used for purposes other than those for which they were specifically intended, (B) information provided by a student’s parents relating to applications for financial aid or scholarships, or (C) information related to a student compiled by a community college officer or employee that remains in the sole possession of the maker and is not accessible or revealed to any other person except a substitute. For purposes of this paragraph, “substitute” means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position. (3) “Student record” also does not include information related to a student created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and that is created, maintained, or used only in connection with the provision of treatment to the student and is not available to anyone other than persons providing that treatment. However, that record may be personally reviewed by a physician or other appropriate professional of the student’s choice. (4) “Student record” does not include information maintained by a community college law enforcement unit, if the personnel of the unit do not have access to student records pursuant to Section 76243, the information maintained by the unit is kept apart from information maintained pursuant to subdivision (a), the information is maintained solely for law enforcement purposes, and the information is not made available to persons other than law enforcement officials of the same jurisdiction. “Student record” does not include information maintained in the normal course of business pertaining to persons who are employed by a community college, if the information relates exclusively to the person in that person’s capacity as an employee and is not available for use for any other purpose. (b) “Directory information” means one or more of the following items: a student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student. (c) “Access” means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. (Amended by Stats. 1995, Ch. 758, Sec. 90. Effective January 1, 1996.)
  119. 76220.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must manage student records under Board of Governors regulations, and records may not be destroyed except as those regulations or Section 76232 allow.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76220. Community college districts shall establish, maintain, and destroy student records according to regulations adopted by the Board of Governors of the California Community Colleges. Such regulations shall establish state policy as to what items of information shall be placed into student records and what information is appropriate to be compiled by individual community college officers or employees under the exception to student records provided in subdivisions (a) and (b) of Section 76210. No student records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 76232. (Enacted by Stats. 1976, Ch. 1010.)
  120. 76221.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must give students written notice of their rights under this chapter when they enroll and at least once a year.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76221. Community college districts shall notify students in writing of their rights under this chapter upon the date of the student’s enrollment and at least annually thereafter. The notice shall take a form that reasonably notifies students of the availability of the following specific information: (a) The types of student records and information contained therein that are directly related to students and maintained by the institution. (b) The official responsible for the maintenance of each type of record. (c) The location of the log or record required to be maintained pursuant to Section 76222. (d) The criteria to be used by the institution in defining “officials and employees” and in determining “legitimate educational interest” as used in Section 76222 and subdivision (a) of Section 76243. (e) The policies of the institution for reviewing and expunging those records. (f) The right of the student to have access to his or her records. (g) The procedures for challenging the content of student records. (h) The cost if any that will be charged for reproducing copies of records. (i) The categories of information that the institution has designated as directory information pursuant to Section 76240. (j) Any other rights and requirements set forth in this chapter and the right of the student to file a complaint with the United States Department of Education concerning an alleged failure by the institution to comply with Section 438 of the General Education Provisions Act (20 U.S.C.A. 1232g). (Amended by Stats. 1993, Ch. 8, Sec. 32. Effective April 15, 1993.)
  121. 76222.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A log or record must be kept for each student record showing who requested or received information and why, but some categories do not have to be listed.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76222. A log or record shall be maintained for each student’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. The listing need not include any of the following: (a) Students to whom access is granted pursuant to Section 76230. (b) Parties to whom directory information is released pursuant to Section 76240. (c) Parties for whom written consent has been executed by the student pursuant to Section 76242. (d) Officials or employees having a legitimate educational interest pursuant to subdivision (a) of Section 76243. The log or record shall be open to inspection only by the student and the community college official or his or her designee responsible for the maintenance of student records, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system. (Amended by Stats. 1993, Ch. 8, Sec. 33. Effective April 15, 1993.)
  122. 76223.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community colleges may charge for copies of student records, but only up to actual cost, and they cannot charge for up to two transcripts, up to two verifications, or for searching or retrieving a student record.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76223. Any community college may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any student record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of students’ records or (2) up to two verifications of various records of students. No charge may be made to search for or to retrieve any student record. (Amended by Stats. 1977, Ch. 36.)
  123. 76224.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In community college courses, the instructor determines each student’s grade, and that determination is final unless there is mistake, fraud, bad faith, or incompetency.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76224. (a) When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final. (b) No grade of a student participating in a physical education class, however, may be adversely affected due to the fact that the student does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the student. (Enacted by Stats. 1976, Ch. 1010.)
  124. 76225.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a student transfers within the state, the former school must transfer appropriate records on the student’s request and the transferring school must tell the student about record-copy and hearing rights.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [76220 - 76225] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 76225. (a) Whenever a student transfers from one community college or public or private institution of postsecondary education to another within the state, appropriate records or a copy of appropriate records shall be transferred by the former community college, or college or university upon a request from the student. Any community college, college, or university making a transfer of these records shall notify the student of the student’s right to receive a copy of the record and the student’s right to a hearing to challenge the content of the record. (b) The board of governors may adopt rules and regulations concerning the transfer of records pursuant to subdivision (a) to, from, or between colleges under its jurisdiction. (c) Using available funding apportioned to their community college district pursuant to Section 84750.4, community colleges enrolling high school pupils through dual or concurrent enrollment pursuant to Sections 48800 and 76001, shall use eTranscript California, also referred to as “eTranscriptCA,” or its successor system, to enable the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform. (Amended by Stats. 2024, Ch. 38, Sec. 93. (SB 153) Effective June 29, 2024.)
  125. 76230.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Current or former students have a right to access their community college records, and districts must provide procedures and timely access.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76230. Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records, except as provided for in this chapter, is prohibited. Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing of qualified personnel to interpret records where appropriate. (Amended by Stats. 1977, Ch. 36.)
  126. 76231.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A student may waive access to certain confidential recommendation records, but the recommendations must be used only for their intended purpose, and the student can request the names of the people who made 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76231. A student may waive his or her right to access to student records devoted solely to confidential recommendations for career placement, postsecondary admission, or the receipt of an honor or honorary recognition. However, the recommendations shall be used solely for the purpose for which they were specifically intended, and the student shall be notified, upon request, of the names of all persons making confidential recommendations. A waiver may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from a community college. (Amended by Stats. 1995, Ch. 758, Sec. 92. Effective January 1, 1996.)
  127. 76232.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Students may ask a community college district to correct or remove certain disputed student-record information, and they can appeal an adverse decision.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76232. (a) Any student may file a written request with the chief administrative officer of a community college district to correct or remove information recorded in his or her student records which the student alleges to be: (1) inaccurate; (2) an unsubstantiated personal conclusion or inference; (3) a conclusion or inference outside of the observer’s area of competence; or (4) not based on the personal observation of a named person with the time and place of the observation noted. (b) Within 30 days of receipt of the request, the chief administrative officer, or his or her designee, shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the community college district. The chief administrative officer or his or her designee shall then sustain or deny the allegations. If the chief administrative officer, or his or her designee, sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information. If the chief administrative officer, or his or her designee, denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the governing board of the community college district. (c) Within 30 days of receipt of an appeal, the governing board shall, in closed session with the student and the employee who recorded the information in question, if any, and if that employee is presently employed by the community college district, determine whether to sustain or deny the allegations. If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his or her designee, to immediately correct or remove and destroy the information. The decision of the governing board shall be final. Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board unless the student initiates legal proceedings relative to the disputed information within the prescribed period. (d) If the final decision of the governing board is unfavorable to the student or if the student accepts an unfavorable decision by the chief administrative officer, the student shall have the right to submit a written statement of his or her objections to the information. This statement shall become a part of the student’s record until the information objected to is corrected or removed. (Amended by Stats. 1995, Ch. 758, Sec. 93. Effective January 1, 1996.)
  128. 76233.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a student record includes disciplinary-action information, the student may add a written statement or response about 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76233. Whenever there is included in any student record information concerning any disciplinary action taken by community college personnel in connection with the student, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action. (Enacted by Stats. 1976, Ch. 1010.)
  129. 76234.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college disciplinary record concerns certain sexual assault or physical abuse allegations, the college must notify the alleged victim of the disciplinary results and any appeal within three days, and the alleged victim must keep those results confidential.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Students [76230 - 76234] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 76234. Whenever there is included in any student record information concerning any disciplinary action taken by a community college in connection with any alleged sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall be informed within three days of the results of any disciplinary action by the community college and the results of any appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential. (Amended by Stats. 2006, Ch. 538, Sec. 135. Effective January 1, 2007.)
  130. 76240.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must adopt a policy on what directory information may be released, may limit or deny release in students’ best interests, and must not release information after a student or former student asks that it not be released.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76240. (a) (1) Community college districts shall adopt a policy identifying those categories of directory information, as defined under Section 1232g of Title 20 of the United States Code as it exists on January 1, 2006, that may be released. The names and addresses of students may be provided to a private school or college operating under Sections 8080 to 8093, inclusive, Sections 33190 and 33191, or Sections 94000 to 94409, inclusive, or its authorized representative. However, no private school or college shall use this information for other than purposes directly related to the academic or professional goals of the institution. (2) Any violation of this subdivision is a misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500), and, in addition, the privilege of the school or college to receive this information shall be suspended for a period of two years from the time of discovery of the misuse of the information. (b) Any community college district may limit or deny the release of specific categories of directory information based upon a determination of the best interests of students. (c) Directory information may be released according to local policy as to any former student or any student currently attending the community college. However, public notice shall be given at least annually of the categories of information that the district plans to release and of the recipients. No directory information shall be released regarding any student or former student when the student or former student has notified the institution that the information shall not be released. (Amended by Stats. 2005, Ch. 654, Sec. 12. Effective October 7, 2005.)
  131. 76241.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college may, at its discretion, provide non-identifying statistical data to certain public, nonprofit, or research organizations when doing so is in students’ best educational 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76241. Nothing in this chapter shall preclude a community college from providing, in its discretion, statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students. (Enacted by Stats. 1976, Ch. 1010.)
  132. 76242.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may release student records only when the student has given written consent specifying the records and the recipient. The recipient must be told that further disclosure without the student’s written consent is prohibited, and the consent notice must be kept with the record file.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76242. A community college district may permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the student is prohibited. The consent notice shall be permanently kept with the record file. (Amended by Stats. 1977, Ch. 36.)
  133. 76243.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community colleges generally may not let anyone access student records without the student’s written consent or a judicial order, but the section lists several exceptions and special disclosure 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76243. (a) A community college or community college district is not authorized to permit access to student records to any person without the written consent of the student or unless pursuant to judicial order, except that access may be permitted to the following: (1) Officials and employees of the community college, if they have a legitimate educational interest to inspect a record. (2) Authorized representatives of the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, except that when the collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements. (3) Other state and local officials or authorities to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974. (4) Officials of other public or private schools or school systems, including local, county, or state correctional facilities where educational programs are provided, where the student seeks or intends to enroll, or is directed to enroll, subject to the rights of students as provided in Section 76225. (5) Agencies or organizations in connection with a student’s application for, or receipt of, financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. (6) Accrediting organizations in order to carry out their accrediting functions. (7) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted. (8) (A) Appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretary of Health, Education, and Welfare. (B) A person, persons, agency, or organization permitted access to student records pursuant to this section shall not permit access to any information obtained from those records by any other person, persons, agency, or organization, except to the extent permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the written consent of the student, provided that this subparagraph shall not require prior student consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency or organization obtaining access, so long as those persons have a legitimate educational interest in the information. (b) The alleged victim of any sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat or assault, or any conduct that threatens the health and safety of the alleged victim, which is the basis of any disciplinary action taken by a community college, shall be permitted access to that information. For the purposes of this subdivision, access to student record information shall be in the form of notice of the results of any disciplinary action by the community college and the results of any appeal, which shall be provided to the alleged victim within three days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential. (Amended by Stats. 2011, Ch. 7, Sec. 38. (SB 70) Effective March 24, 2011.)
  134. 76244.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must make a reasonable effort to notify the student before complying with a lawfully issued subpoena, and also before complying with a court order when lawfully possible.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76244. Information concerning a student shall be furnished in compliance with a court order or a lawfully issued subpoena. The community college district shall make a reasonable effort to notify the student in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order. (Amended by Stats. 1996, Ch. 879, Sec. 4. Effective January 1, 1997.)
  135. 76245.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college employee may respond to a qualifying subpoena or court order by sending a copy of the student record, with an affidavit, instead of personally appearing.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76245. The service of a lawfully issued subpoena or a court order upon a community college employee solely for the purpose of causing the employee to produce a school record pertaining to any student may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the community college or community college office. The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof. (Amended by Stats. 1996, Ch. 879, Sec. 5. Effective January 1, 1997.)
  136. 76246.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The Board of Governors must adopt rules and regulations for this chapter, and a community college district governing board may adopt its own rules if they are consistent with the chapter and the Board’s 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Student Records [76200 - 76246] ( Chapter 1.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Student Records [76240 - 76246] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 76246. The Board of Governors of the California Community Colleges shall adopt appropriate rules and regulations to insure the orderly implementation of this chapter. A community college district governing board may adopt rules and regulations which are not inconsistent with this chapter or with those adopted by the board of governors in order to ensure the orderly implementation of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  137. 76300.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    Community college districts must charge each student a fee, generally set at $46 per unit per semester, and the board of governors may adjust related amounts. The section also provides several fee waivers and limited exemptions.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section. (b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year. (2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar. (c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section. (d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section. (e) The fee requirement does not apply to any of the following: (1) Students enrolled in the noncredit courses designated by Section 84757. (2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California. (3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district. (f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement. (g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements: (A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B). (B) Meets one of the following criteria: (i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program. (ii) Demonstrates eligibility according to income standards established by regulations of the board of governors. (iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9. (2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1): (i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education. (ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student. (iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college. (B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources. (3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1). (4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following: (A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility. (B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect. (C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms. (5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following: (A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied. (B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status. (C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2). (h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code. (i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3. (j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies: (1) The dependent was a resident of California on September 11, 2001. (2) The individual killed in the attacks was a resident of California on September 11, 2001. (k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition. (l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42). (2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013. (3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age. (4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013. (m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive. (2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year. (n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic. (2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities. (o) The board of governors shall adopt regulations implementing this section. (Amended by Stats. 2022, Ch. 465, Sec. 5. (AB 2973) Effective January 1, 2023.)
  138. 76300.5.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    A district must waive fees for certain students who are exempt from nonresident tuition and otherwise qualify for a waiver, subject to board of governors 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76300.5. (a) A district shall waive the fees of a student who is exempt from paying nonresident tuition under Section 68130.5, and who otherwise qualifies for a waiver under Section 76300, under regulations and procedures adopted by the board of governors. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (b) This section shall become operative on January 1, 2013. (Added by Stats. 2011, Ch. 604, Sec. 4. (AB 131) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.)
  139. 76301.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    A community college district must waive fees for certain students who are victims of trafficking, domestic violence, or other serious crimes and who have qualifying federal immigration status.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76301. Notwithstanding any other law, a community college district shall waive the fees of a student who is a victim of trafficking, domestic violence, and other serious crimes who has been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. (Added by Stats. 2012, Ch. 509, Sec. 3. (AB 1899) Effective January 1, 2013.)
  140. 76302.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    The district may use local unrestricted general funds for fee waivers and student assistance, but only for students within the district. If it adopts a fee-waiver policy, the policy must require a fiscal impact statement, public presentation of that statement, and a report due by March 1, 2026.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76302. (a) The governing board of the San Mateo County Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public. (b) In addition to funding received pursuant to subdivision (b) of Section 76396, the San Mateo County Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance. (c) The San Mateo County Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district. (d) On or before March 1, 2026, the governing board of the San Mateo Community College District shall submit a report to the Chancellor’s Office of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following: (1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise. (2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance. (3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance. (4) A copy of the policy adopted by the governing board of the San Mateo Community College District pursuant to subdivision (a). (5) A copy of the fiscal impact statement prepared pursuant to subdivision (a). (6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level. (7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level. (8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level. (9) The services and programs that were limited or eliminated due to the implementation of this section. (e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include 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. (f) This section shall become inoperative on July 1, 2028, and as of January 1, 2029, is repealed. (Added by Stats. 2022, Ch. 937, Sec. 1. (SB 893) Effective January 1, 2023. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.)
  141. 76303.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. )

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    The district board may use local unrestricted general funds for certain student fee waivers and assistance, but only for district residents, and it must prepare a fiscal impact statement and later submit a report.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] ( Article 1 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76303. (a) The governing board of the West Valley-Mission Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of the fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public. (b) In addition to funding received pursuant to subdivision (b) of Section 76396, the West Valley-Mission Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance. (c) The West Valley-Mission Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district. (d) On or before March 1, 2028, the governing board of the West Valley-Mission Community College District shall submit a report to the office of the Chancellor of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following: (1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise. (2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance. (3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance. (4) A copy of the policy adopted by the governing board of the West Valley-Mission Community College District pursuant to subdivision (a). (5) A copy of the fiscal impact statement prepared pursuant to subdivision (a). (6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level. (7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level. (8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level. (9) The services and programs that were limited or eliminated due to the implementation of this section. (e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include 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. (f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 67. (AB 1170) Effective January 1, 2026. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  142. 76350.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A community college may not require fees or charges from certain apprentices, or from their parent or guardian, for admission or attendance in specified courses, except as provided in Labor Code Section 3074.7.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76350. Except as provided in Section 3074.7 of the Labor Code, no charges or fees shall be required to be paid by a resident or nonresident apprentice, or by his or her parent or guardian, for admission or attendance in any course of activity or community college course that is offered pursuant to Section 3074 of the Labor Code in accordance with the instructional hours requirements and course requirements specified in Section 3078 of the Labor Code. (Amended by Stats. 2018, Ch. 33, Sec. 21. (AB 1809) Effective June 27, 2018.)
  143. 76355.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    Community college governing boards may charge a limited health fee, must exempt certain students, and must use and deposit the money only for allowed health 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76355. (a) (1) The governing board of a district maintaining a community college may require community college students to pay a fee in the total amount of not more than ten dollars ($10) for each semester, seven dollars ($7) for summer school, seven dollars ($7) for each intersession of at least four weeks, or seven dollars ($7) for each quarter for health supervision and services, including direct or indirect medical and hospitalization services, or the operation of a student health center or centers, or both. (2) The governing board of each community college district may increase this fee by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Whenever that calculation produces an increase of one dollar ($1) above the existing fee, the fee may be increased by one dollar ($1). (b) If, pursuant to this section, a fee is required, the governing board of the district shall decide the amount of the fee, if any, that a part-time student is required to pay. The governing board may decide whether the fee shall be mandatory or optional. (c) The governing board of a district maintaining a community college shall adopt rules and regulations that exempt the following students from any fee required pursuant to subdivision (a): (1) Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization. (2) Students who are attending a community college under an approved apprenticeship training program. (d) (1) All fees collected pursuant to this section shall be deposited in the fund of the district designated by the California Community Colleges Budget and Accounting Manual. These fees shall be expended only to provide health services as specified in regulations adopted by the board of governors. (2) Authorized expenditures shall not include, among other things, athletic trainers’ salaries, athletic insurance, medical supplies for athletics, physical examinations for intercollegiate athletics, ambulance services, the salaries of health professionals for athletic events, any deductible portion of accident claims filed for athletic team members, or any other expense that is not available to all students. No student shall be denied a service supported by student health fees on account of participation in athletic programs. (e) Any community college district that provided health services in the 1986–87 fiscal year shall maintain health services, at the level provided during the 1986–87 fiscal year, and each fiscal year thereafter. If the cost to maintain that level of service exceeds the limits specified in subdivision (a), the excess cost shall be borne by the district. (f) A district that begins charging a health fee may use funds for startup costs from other district funds, and may recover all or part of those funds from health fees collected within the first five years following the commencement of charging the fee. (g) The board of governors shall adopt regulations that generally describe the types of health services included in the health service program. (Amended by Stats. 2005, Ch. 320, Sec. 2. Effective January 1, 2006.)
  144. 76360.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A community college district board may charge parking fees to students, employees, and some other users, but the fees are capped and must be used only for parking services or related transit cost reduction.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76360. (a) (1) The governing board of a community college district may require students in attendance and employees of the district to pay a fee, in an amount, not to exceed fifty dollars ($50) per semester and twenty-five dollars ($25) per intersession, to be established by the board, for parking services. The fee shall only be required of students and employees using parking services and shall not exceed the actual cost of providing parking services. (2) To encourage ridesharing and carpooling, the fee shall not exceed thirty-five dollars ($35) per semester and fifteen dollars ($15) per intersession for a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college. (3) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces. (b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus: (A) The full-time equivalent student (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses. (B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses. (2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure. (c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed thirty dollars ($30) per semester. (d) The governing board of a community college district may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees. (e) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college. (f) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization. (g) “Parking services,” as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles as defined by Sections 415 and 670 of the Vehicle Code. (Amended by Stats. 2011, Ch. 245, Sec. 1. (SB 774) Effective January 1, 2012.)
  145. 76361.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A community college district board may charge transportation fees for students and employees, subject to vote requirements, fee limits, and 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76361. (a) The governing board of a community college district may require students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees. (b) Fees authorized by subdivision (a) for transportation services may be required to be paid only by students and employees using the services, or, in the alternative, by any of the following groups of people: (1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), and all employees of the campus of the community college district. (2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services. (3) Upon the favorable vote of a majority of the students at a campus of the district taking a specified number of course credits for a specified duration, to be determined by the governing board, who voted at an election on the question of whether or not the governing board should require all students taking that prescribed number of course credits to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by those students taking the prescribed number of course credits, except those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services. (c) If a fee is required of students for transportation services pursuant to paragraph (1) or (2) of subdivision (b), the fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. Notwithstanding any other law, the governing board of a community college district that provides for transportation services may adopt rules and regulations to exempt low-income students from this fee, or to require low-income students to pay all or part of this fee. (d) Notwithstanding any other law: (1) The governing board of a community college district to which this section applies shall not enter into, or extend, a contract for transportation services provided by a common carrier or a municipally owned transit system, funded by the proceeds of a fee authorized under this section, unless and until a majority of the students of that district, or campus of that district, as appropriate, who vote in an election, held no more than 10 years prior to the date of the expiration of the contract proposed to be entered into or no more than 10 years prior to the date to which it is proposed that an existing contract be extended, have approved the payment of the fee for this purpose. (2) An election held pursuant to this section shall be held in accordance with regulations adopted by the board of governors to ensure that the election is publicly noticed and that all students of that district or campus of that district, as appropriate, including full-time, part-time, evening, and weekend students, have an opportunity to vote in the election. (3) If the governing board of a community college district decides to seek to terminate or alter the arrangements under which the district receives transportation services from a common carrier or municipally owned transit system, the governing board shall provide at least 12 months’ notice of that intention to the provider of transportation services. (e) (1) The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed seventy dollars ($70) per semester or thirty-five dollars ($35) per intersession, or the proportionate equivalent for part-time enrollment. (2) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces. (f) The governing board of a community college district also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees. (g) This section does not apply to, and a fee shall not be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district. (Amended by Stats. 2014, Ch. 63, Sec. 1. (AB 2445) Effective January 1, 2015.)
  146. 76365.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    The board of governors must adopt regulations on when community college districts may require students to provide instructional materials.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76365. The board of governors shall adopt regulations regarding the authority of community college districts to require students to provide various types of instructional materials. These regulations shall reflect the intent of the Legislature that community college districts are not required to provide all materials, textbooks, equipment, and clothing necessary for each course and program. These regulations shall specify the conditions under which districts may require students to provide those materials that are of continuing value to the student outside of the classroom setting, including, but not limited to, textbooks, tools, equipment, clothing, and those materials that are necessary for the student’s vocational training and employment. The regulations shall establish a process for monitoring district compliance with these regulations. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.)
  147. 76370.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A community college district board may allow course auditing and charge an audit fee, but the fee has a $15 per unit per semester cap and must be adjusted for certain term lengths. Some students who are enrolled for credit cannot be charged to audit up to three semester units, students auditing cannot switch to credit enrollment, credit-seeking students get enrollment priority, and audit attendance is excluded from apportionment calculations.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76370. The governing board of a community college district may authorize a person to audit a community college course and may charge that person a fee pursuant to this section. (a) If a fee for auditing is charged, it shall not exceed fifteen dollars ($15) per unit per semester. The governing board shall proportionately adjust the amount of the fee for term lengths based upon a quarter system or other alternative system approved pursuant to regulations of the board of governors, and shall also proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the governing board may round the per unit fee and the per term or per session fee to the nearest dollar. (b) Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged a fee to audit three or fewer semester units per semester. (c) No student auditing a course shall be permitted to change his or her enrollment in that course to receive credit for the course. (d) Priority in class enrollment shall be given to students desiring to take the course for credit towards a degree or certificate. (e) Classroom attendance of students auditing a course shall not be included in computing the apportionment due a community college district. (Amended by Stats. 1995, Ch. 758, Sec. 100. Effective January 1, 1996.)
  148. 76375.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A community college district board may set an annual building and operating fee for a student body center, but only after the required student election and vote thresholds 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76375. (a) (1) The governing board of a community college district may establish an annual building and operating fee for the purpose of financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, which fee shall be required of all students attending a community college where the student body center is to be located. (2) The fee shall be imposed by the governing board, at its option, only after a favorable vote of two-thirds of the students voting in an election held for that purpose at a community college, in the manner prescribed by the Board of Governors of the California Community Colleges, and open to all regular students enrolled in credit classes at the community college. The election shall occur on a regularly scheduled college day and at least 20 percent of the students enrolled in credit classes as of October 1 of the college year during which the election is held must cast a ballot for the election to be declared valid. (3) The annual building and operating fee shall not exceed one dollar ($1) per credit hour, up to a maximum of ten dollars ($10) per student per fiscal year. The fee requirement shall not apply to students enrolled in the noncredit courses designated by Section 84757. The fee requirement shall not apply to a student who is a recipient of the benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Program, or the General Assistance program. (4) The fee authorized by this section shall be supplemental to all other fees charged to community college students. (5) If fee income is used to retire obligations the district incurs when it uses a revenue bond to construct a student center, the fee shall remain in effect at least until the bond obligation is retired. (b) Each community college district shall be responsible for the custody of the moneys collected pursuant to this section, and shall provide the necessary accounting records and controls thereof. The district shall be reimbursed from these funds in an amount to cover the cost of custodial and accounting services provided by the district in connection with these funds. These funds may be expended by the district only upon submission and approval of the appropriate claim schedule by the student government or its designee. (c) All unexpended funds and money collected by any community college district pursuant to this section shall be available for financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, and until so used, shall, subject to the approval of the student government, be deposited or invested in trust by the appropriate district official in any one or more of the following ways: (1) Deposits in trust accounts of a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (2) Investment certificates or withdrawable shares in state chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code. (4) Participation funds that are exempt from federal income tax pursuant to Section 501(c)(3) of Title 26 of the United States Code and that are open exclusively to nonprofit colleges, universities, and independent schools. (5) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration, and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully recovered by that insurance. (6) Deposits with the county treasurer of the county in which the district is located. (d) The student government of a community college with an annual building and operating fee pursuant to this section shall determine the appropriate uses of the fee income and the student body center facility itself. (Amended by Stats. 2005, Ch. 654, Sec. 15. Effective October 7, 2005.)
  149. 76380.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

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    A district governing board may not charge an adult in a noncredit course nonresident tuition or any other fee for certain listed classes.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76380. (a) An adult enrolled in a noncredit course shall not be required by the governing board of the district maintaining the class to pay nonresident tuition or any fee or charge of any kind for a class in English and citizenship for foreigners, a class in an elementary subject, a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma, or any class offered by a community college district pursuant to Section 8531, 8532, 8533, or 8534. (b) The full-time equivalent student of adults in classes described in subdivision (a) shall be computed as prescribed by regulations of the board of governors. (Amended by Stats. 1995, Ch. 758, Sec. 101. Effective January 1, 1996.)
  150. 76385.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    A governing board may require a student in a non-apportionment-eligible class to pay a fee, and the fee revenue cannot exceed the estimated cost of maintaining those classes.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76385. A student enrolled in a class offered by a community college district that is not eligible for state apportionments may be required by the governing board of the district maintaining the class to pay a fee for the class. The total revenues derived from the fee shall not exceed the estimated cost of all of these classes maintained. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.)
  151. 76395.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. )

    Verify source ↗

    A community college district board may charge a participating student a fee for extra costs when required physical education courses use non-district facilities.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 2. Authorized Fees [76350 - 76395] ( Article 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## 76395. The governing board of a community college district may impose a fee on a participating student for the additional expenses incurred when physical education courses are required to use nondistrict facilities. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.)
  152. 76396.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. )

    Verify source ↗

    This section creates the California College Promise and assigns the Chancellor of the California Community Colleges responsibility to administer 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. ) ## 76396. (a) The California College Promise is hereby established, to be administered by the Chancellor of the California Community Colleges. (b) (1) Upon appropriation by the Legislature, the chancellor shall distribute funding to community college districts to fund colleges that satisfy the requirements of this article. (2) (A) The chancellor shall establish a funding formula that advances the goals outlined in Section 76396.1. (B) It is the intent of the Legislature that sufficient funding be allocated to each community college to waive all student fees pursuant to subdivision (b) of Section 76396.3. (C) The funding formula established pursuant to subparagraph (A) shall, for funding appropriated for this article in excess of the funding determined pursuant to subparagraph (B), include, but not be limited to, both of the following factors: (i) Number of full-time equivalent students at a community college. (ii) Number of students at a community college who satisfy the requirements to receive federal Pell Grants and the requirements in Section 68130.5. (c) For purposes of this article, “chancellor” means the Chancellor of the California Community Colleges. (Added by Stats. 2017, Ch. 735, Sec. 1. (AB 19) Effective January 1, 2018.)
  153. 76396.1.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. )

    Verify source ↗

    The Legislature states that the California College Promise should support California Community Colleges in improving student preparation, completion, transfer, equity, basic needs support, and awareness of program benefits.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. ) ## 76396.1. It is the intent of the Legislature that the California College Promise support the California Community Colleges in accomplishing all of the following goals: (a) Increasing the number and percentage of high school students who are prepared for and attend college directly from high school and increasing the percentage of high school graduates who are placed directly into transfer-level mathematics and English courses at a community college. (b) Increasing the percentage of students who earn associate degrees or career technical education certificates that prepare them for in-demand jobs and increasing the percentage of students who report being employed in their field of study. (c) Increasing the percentage of students who successfully transfer from a community college to the California State University or the University of California and increasing the percentage of students who graduate from college with a baccalaureate degree. (d) Reducing and eliminating regional achievement gaps and achievement gaps for students from groups that are underrepresented at the California Community Colleges, including, but not limited to, underrepresented students, low-income students, students who are current or former foster youth, students with disabilities, formerly incarcerated students, undocumented students, students meeting the requirements of Assembly Bill 540 of the 2001–2002 Regular Session of the Legislature, and students who are veterans. (e) Addressing the ongoing crisis of basic needs insecurity among community college students, including, but not limited to, high levels of food and housing insecurity. (f) Encouraging students with some prior college experience but who never completed a degree or certificate to return to college and complete their educations. (g) Ensuring broad awareness of the benefits of the California College Promise program by informing prospective students that they may attend community college tuition-free and providing information about the on-campus services and support programs available to help students succeed in college. (Amended by Stats. 2022, Ch. 54, Sec. 24. (AB 183) Effective June 30, 2022.)
  154. 76396.2.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. )

    Verify source ↗

    Community colleges and community college districts must meet listed conditions to participate in, and receive funding for, the California College Promise.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. ) ## 76396.2. As a condition of participating in, and receiving funding for, the California College Promise, community colleges and community college districts shall advance the goals outlined in Section 76396.1. These conditions shall include all of the following: (a) Partnering with one or more local educational agencies to establish an Early Commitment to College Program that is consistent with the intent of former Article 6.3 (commencing with Section 54710) of Chapter 9 of Part 29 of Division 4 of Title 2 to provide K–12 students and families assistance that includes, but is not limited to, learning about college opportunities, visiting campuses, taking and completing college preparatory courses, and applying for college and financial aid. (b) Partnering with one or more local educational agencies to support and improve high school student preparation for college and reduce postsecondary remediation through practices that may include, but shall not be limited to, small learning communities, concurrent enrollment, and other evidence-based practices. (c) Using evidence-based assessment and placement practices at the community college that comply with Section 78213 and include multiple measures of student performance, which shall include, among other measures, overall grade point averages, including grades in high school courses, and using evidence-based practices to improve outcomes for underprepared students. (d) Participating in the California Community College Guided Pathways Grant Program established pursuant to Part 54.81 (commencing with Section 88920) in order to clarify the academic path for students, help students enter a pathway, help students stay on an academic path, and ensure that students are learning. (e) Maximizing student access to need-based financial aid by leveraging the Board of Governors fee waiver established under Section 76300, commonly known as the California Promise Grant, ensuring that students complete the Free Application for Federal Student Aid, Cal Grant application, or Dream Act application, and participating in a federal loan program authorized under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). On or before January 1, 2018, a community college that does not participate in the federal loan program shall be provisionally eligible to participate in the California College Promise for one calendar year. The community college shall comply with the federal loan participation requirements in order to participate in the California College Promise on or after January 1, 2019. (f) Maximizing available resources to address student basic needs, through the provision of basic needs services and resources, as defined in Section 66023.5. This condition may be met, at a minimum, by establishing a formal program to partner with county human services agencies, including with the staff liaison to institutions of higher education designated pursuant to Section 10006 of the Welfare and Institutions Code. This partnership may occur through the Basic Needs Center established pursuant to Section 66023.5. (Amended by Stats. 2022, Ch. 54, Sec. 25. (AB 183) Effective June 30, 2022.)
  155. 76396.3.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. )

    Verify source ↗

    This section lets eligible community colleges use California College Promise funding to waive certain student fees, and requires the chancellor’s office to report on the program by July 1, 2024.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. ) ## 76396.3. (a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396. (b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140. (2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise. (3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation. (c) For purposes of this section, the following terms have the following meanings: (1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length. (2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia. (3) (A) Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent. (B) A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such a designation. (4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters. (d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1. (e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met. (f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision. (Amended by Stats. 2023, Ch. 102, Sec. 1. (AB 1342) Effective January 1, 2024.)
  156. 76396.4.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. )

    Verify source ↗

    The board of governors may adopt regulations to implement 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Fees [76300 - 76396.4] ( Chapter 2 added by Stats. 1993, Ch. 8, Sec. 34. ) ## ARTICLE 3. California College Promise [76396 - 76396.4] ( Article 3 added by Stats. 2017, Ch. 735, Sec. 1. ) ## 76396.4. The board of governors may adopt regulations implementing this section. (Added by Stats. 2017, Ch. 735, Sec. 1. (AB 19) Effective January 1, 2018.)
  157. 76401.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board must make rules for student examinations that protect student care and keep health-defect information secret.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76401. The governing board of any community college district shall make such rules for the examination of the students in the community colleges under its jurisdiction as will ensure proper care of the students and proper secrecy in connection with any defect noted by the supervisor of health, or his or her assistant, and may tend to the correction of the physical defect. (Repealed and added by Stats. 1981, Ch. 470, Sec. 130.)
  158. 76403.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college boards must cooperate with local health officers to prevent and control communicable diseases in students. A registered nurse may perform immunization techniques in a school immunization program only under a supervising physician’s direction and required standing orders/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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76403. (a) Notwithstanding any other provision of law, the governing board of any community college district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in students. (b) A registered nurse, acting under the direction of a supervising physician and surgeon, may perform immunization techniques within the course of a school immunization program provided that the administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with written regulations which the State Department of Health Services may adopt pursuant to Section 303.5 of the Health and Safety Code. (c) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon under whose direction the registered nurse is acting shall require the nurse to: (1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of these agents, and in the recognition and treatment of any emergency reactions to agents which constitute a danger to the health or life of the person receiving the immunizations; and (2) Possess medications and equipment required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and to utilize the equipment as necessary. (Amended by Stats. 1990, Ch. 1372, Sec. 447.5.)
  159. 76407.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section gives limited liability protection for certain community college officials and medical providers in two situations: treating an injured or ill minor without parental consent, and giving voluntary emergency aid at community college athletic events.

    ## 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 47. STUDENTS [76000 - 76407] ( Part 47 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [76401 - 76407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 76407. (a) Notwithstanding any provision of any law, no community college district, officer of any community college district, college president or superintendent, physician, or hospital treating any minor enrolled in any school in any district shall be held liable for the reasonable treatment of a minor without the consent of a parent or guardian of the child when the minor is ill or injured during regular schools hours, requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the district a written objection to any medical treatment other than first aid. (b) Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon in rendering the emergency medical care. The immunity granted by this paragraph shall not apply in the event of an act or omission constituting gross negligence. (Amended by Stats. 1990, Ch. 1372, Sec. 449.)
  160. 77.

    ## 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 ↗

    “State” means California, except when used for different parts of the United States, where it also includes the District of Columbia and the territories.

    ## 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. ) ## 77. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1976, Ch. 1010.)
  161. 78.

    ## 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 “governing board” for the Education Code.

    ## 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. ) ## 78. “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education. (Enacted by Stats. 1976, Ch. 1010.)
  162. 78015.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78015 - 78016] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before a community college district starts a vocational or occupational training program, its governing board must study local labor market demand and make the study public.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78015 - 78016] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78015. (a) (1) The governing board of a community college district, prior to establishing a vocational or occupational training program, shall conduct a job market study of the labor market area, as those terms are defined in Section 52301.5, in which it proposes to establish the program. The study shall use the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information. The study shall include a California Occupational Information System supply analysis of existing vocational and occupational education or training programs for adults maintained by high schools, community colleges, and private postsecondary schools in the area to ensure that the anticipated employment demand for students in the proposed programs justifies the establishment of the proposed courses of instruction. (2) The governing board of the community college district shall make copies of each job market study available to the public. (b) Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the community college district shall determine whether or not the study justifies the proposed vocational education program. (c) If the governing board of the community college district determines that the job market study justifies the initiation of the proposed program, it shall determine, by resolution, whether the program shall be offered through the district’s own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092. (Amended by Stats. 1998, Ch. 365, Sec. 1. Effective January 1, 1999.)
  163. 78016.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78015 - 78016] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college vocational or occupational training programs must be reviewed every two years, and noncompliant programs must be terminated within one year.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78015 - 78016] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78016. (a) Every vocational or occupational training program offered by a community college district shall be reviewed every two years by the governing board of the district to ensure that each program, as demonstrated by the California Occupational Information System, including the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information, does all of the following: (1) Meets a documented labor market demand. (2) Does not represent unnecessary duplication of other manpower training programs in the area. (3) Is of demonstrated effectiveness as measured by the employment and completion success of its students. (b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year. (c) The review process required by this section shall include the review and comments by the local Private Industry Council established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the appropriate governing body. (d) This section shall apply to each program commenced subsequent to July 28, 1983. (e) A written summary of the findings of each review shall be made available to the public. (Amended by Stats. 1998, Ch. 365, Sec. 2. Effective January 1, 1999.)
  164. 78017.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] ( Article 1.3 added by Stats. 2005, Ch. 362, Sec. 1. )

    Verify source ↗

    The Legislature states that agricultural education programs in the California Community Colleges system should be measured each year using uniform, objective quality criteria.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] ( Article 1.3 added by Stats. 2005, Ch. 362, Sec. 1. ) ## 78017. The Legislature finds and declares all of the following: (a) Agriculture is one of the most important industries in California, contributing over sixty-five billion dollars ($65,000,000,000) annually to the state’s economic activity. (b) Agricultural education programs within the California Community Colleges system can, and do, play an important role in providing relevant workforce training as well as college and university transfer options for students. (c) Among the purposes of the California Community Colleges Agriculture and Natural Resources Advisory Committee is the development of recommendations for improving and enhancing community college agricultural education programs on a statewide basis. (d) It is in the best interests of the public that programs in agricultural education that exist within the California Community Colleges system be measured annually against uniform, objective quality criteria indicators. (Added by Stats. 2005, Ch. 362, Sec. 1. Effective January 1, 2006.)
  165. 78017.3.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] ( Article 1.3 added by Stats. 2005, Ch. 362, Sec. 1. )

    Verify source ↗

    The advisory committee must develop quality criteria for agricultural education programs, consult specified stakeholders, and submit a written report by June 30, 2007.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] ( Article 1.3 added by Stats. 2005, Ch. 362, Sec. 1. ) ## 78017.3. (a) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall identify and develop quality program criteria that may be used to uniformly evaluate the effectiveness of the agricultural education programs in community colleges throughout California. These criteria shall be developed in consultation with instructors, administrators, students, industry representatives, and other interested parties, and shall build upon the local program evaluation document previously developed by the advisory committee. These criteria shall be submitted, no later than June 30, 2007, in a written report to the Chancellor of the California Community Colleges and the Legislature. (b) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall perform all of the activities specified in subdivision (a) within the allotment of funding provided to the advisory committee under the federal Carl D. Perkins Vocational and Technical Education Act (VTEA). Under no circumstances shall these activities result in a state operations request for General Fund support or displace any other VTEA-funded state operations activities within the office of the Chancellor of the California Community Colleges. (Added by Stats. 2005, Ch. 362, Sec. 1. Effective January 1, 2006.)
  166. 78018.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.4. Vocational Education Coordination Plan [78018- 78018.] ( Article 1.4 added by Stats. 2006, Ch. 572, Sec. 25. )

    Verify source ↗

    A community college must create a vocational education coordination plan, consult specified local education and workforce bodies, have the plan include listed elements, and have the district governing board adopt it by July 1, 2008.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.4. Vocational Education Coordination Plan [78018- 78018.] ( Article 1.4 added by Stats. 2006, Ch. 572, Sec. 25. ) ## 78018. (a) As a condition of federal funds provided under the Carl D. Perkins Vocational and Applied Technology Act of 1998 (20 U.S.C. Sec. 2301 et seq.) or any successor thereof, and to the extent permitted by federal law, a community college shall develop a plan for enabling the development of course sequences that span courses provided in grades 7 to 12, inclusive, courses provided by regional occupational centers or programs, and courses provided by community college vocational education programs. The community college shall consult with the school districts and regional occupational centers or programs in the area served by the college, and with the relevant local workforce investment board, in the development of the plan. The plan shall do all of the following: (1) Identify the occupational areas in which the college and high schools or regional occupational centers and programs offer instruction. (2) Describe the plan the community college will follow to create the sequences required under subdivision (c) of Section 52302. (3) Establish an institutionwide process and criteria for awarding community college credit for vocational courses taken by pupils in high school or through the regional occupational center or program. (b) The plan shall be adopted by the governing board of the community college district on or before July 1, 2008. Copies of the plan shall be submitted to the appropriate school districts and regional occupational centers or programs, and the chancellor. (Added by Stats. 2006, Ch. 572, Sec. 25. Effective January 1, 2007.)
  167. 78020.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. )

    Verify source ↗

    This section defines “contract education,” “credit,” “noncredit,” and “not-for-credit” 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. ) ## 78020. For purposes of this article: (a) “Contract education” means those situations in which a community college district contracts with a public or private entity for the purposes of providing instruction or services or both by the community college. (b) “Credit” refers to any class offered for community college credit, regardless of whether the class generates state apportionments. (c) “Noncredit” refers to courses that meet the criteria for apportionment pursuant to Section 84757. (d) “Not-for-credit” refers to classes, including community services classes, that are offered without credit and that are not eligible for apportionments pursuant to Section 84757. (Amended by Stats. 2005, Ch. 654, Sec. 16. Effective October 7, 2005.)
  168. 78021.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. )

    Verify source ↗

    Community college district governing boards may set up contract education programs, but the contracting district must recover at least its actual costs, and student attendance in these programs generally cannot be counted for FTES apportionment unless FTES 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. ) ## 78021. (a) The governing board of any community college district may establish, or with one or more community college districts may establish, contract education programs within or outside the state by agreement with any public or private agency, corporation, association, or any other person or body, to provide specific educational programs or training to meet the specific needs of these bodies. (b) The contracting community college district or districts shall recover, from all revenue sources, including, but not necessarily limited to, public and private sources, or any combination thereof, an amount equal to, but not less than, the actual costs, including administrative costs, incurred in providing these programs or training. (c) The attendance of students in these contract education programs shall not be included for purposes of calculating the full-time equivalent students (FTES) for apportionments to these districts, unless all statutory and regulatory conditions for generating FTES are met. (Amended by Stats. 2005, Ch. 654, Sec. 17. Effective October 7, 2005.)
  169. 78022.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. )

    Verify source ↗

    Faculty in contract education classes must be selected, paid, and evaluated under the district’s regular procedures, with specific rules for not-for-credit classes and some outside-California armed forces programs.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. ) ## 78022. (a) Faculty in all credit and noncredit contract education classes shall be selected and hired according to procedures existing in a community college district for the selection of instructors for credit classes. (b) Faculty teaching credit and noncredit contract education classes shall be compensated in the same manner as comparable faculty in the regular, noncontract education program. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement. (c) Faculty teaching credit or noncredit contract education classes shall be evaluated according to the procedures used for the evaluation of faculty in the regular, noncontract education program. (d) Faculty teaching not-for-credit contract education classes shall be compensated in the same manner as faculty in the regular, noncontract education program if the course meets the same standards as a course in the credit curriculum. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement. (e) Faculty teaching not-for-credit contract educational programs shall be evaluated according to procedures specified in the contract between the community college district and the public or private entity to establish the program. (f) This section shall not be construed to restrict the appearance of guest lecturers in any programs or classes operated by a community college district. (Amended by Stats. 1994, Ch. 166, Sec. 1. Effective January 1, 1995.)
  170. 78023.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. )

    Verify source ↗

    Certain nonprofit public benefit corporations running contract education programs may not use a community college district’s name or use district resources and staff without full compensation.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Contract Education [78020 - 78023] ( Article 1.5 added by Stats. 1987, Ch. 493, Sec. 2. ) ## 78023. (a) Nonprofit public benefit corporations that are not organized as auxiliary organizations pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 and are conducting contract education programs shall not use the name of a community college district or of a college of a community college district. (b) A nonprofit public benefit corporation that is not organized as an auxiliary organization pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 and is conducting contract education programs shall not employ the resources and staff of a community college district without full compensation for all related costs. (Added by Stats. 1987, Ch. 493, Sec. 2.)
  171. 78030.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. )

    Verify source ↗

    The Legislature states that community college students should be allowed to enroll in and attend community colleges outside their district of residence.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. ) ## 78030. (a) The Legislature finds and declares as follows: (1) Many community college students desire to attend, and do attend, community colleges outside their district of residence. (2) Prior to the passage of Proposition 13, interdistrict attendance restrictions were necessary to provide for payments from the district of residence to a district of attendance whenever significant numbers of students were involved. (3) The fact that community colleges are now substantially reliant upon the state for financial resources rather than upon local residents compels a reexamination of the concern over subsidization of the attendance of nondistrict residents. (4) Community college district boundaries are often irregular in configuration and require many students to attend community colleges in less convenient locations when interdistrict attendance restrictions are imposed. (5) Transportation is the most significant cost facing community college students with regard to college attendance. (6) It is not in the best interests of the people of the State of California that attendance at a community college be restricted to a person’s district of residence. (b) It is the intent of the Legislature in enacting this article to provide for the unrestricted enrollment and attendance of students at community colleges, thereby providing each resident of the state an equal opportunity to attend the community college of his or her choice. (Repealed and added by Stats. 1987, Ch. 1136, Sec. 2.)
  172. 78031.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. )

    Verify source ↗

    District residents must be admitted to another district’s community college, and districts may not block those admissions except in limited circumstances or as authorized by Section 78032.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. ) ## 78031. (a) Subject to Article 1 (commencing with Section 76000) of Chapter 1 of Part 47, a district resident, as defined for purposes of Part 41 (commencing with Section 68000), shall be admitted to a community college in another district without regard to district boundaries, unless the Board of Governors of the California Community Colleges finds that compelling, extenuating circumstances exist under which the application of this policy would be substantially detrimental to the opportunity of students to obtain a quality education. (b) No district shall restrict the admission of its residents into a community college of another district, nor shall it restrict the admission of residents of another district into its community college or colleges, except as authorized under Section 78032. (Amended by Stats. 1990, Ch. 1372, Sec. 456.)
  173. 78032.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. )

    Verify source ↗

    The Board of Governors may restrict interdistrict attendance for certain reasons, and community college districts generally may not recruit students from other districts unless there is an agreement allowing 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. ) ## 78032. (a) The Board of Governors of the California Community Colleges may, pursuant to a finding that one or more of the following concerns in any community college district requires the restriction of interdistrict attendance, impose one or more restrictions upon interdistrict attendance with regard to that district as it deems necessary: (1) Protection of the financial health of the district, and of educational program integrity, including, but not limited to, maintenance of the appropriate quality and scope of student educational opportunity. (2) The need to avoid overcrowding, in light of the available space in the district. (3) The priority that resident students not be displaced by students who do not reside in the district. (b) No restriction adopted under subdivision (a) shall apply for a period of longer than two years, absent additional action of the board of governors to continue that restriction. (c) (1) No community college district shall recruit any student who is a resident of any other community college district, except where an agreement exists between those districts authorizing each district to recruit within the boundaries of the other district. (2) If, pursuant to an agreement as described in paragraph (1), a community college district recruits within the boundaries of another community college district, it shall recruit from all high schools within that other district, and may not favor any high schools over other high schools within that other district. (3) For purposes of this section: (A) “Recruiting” means either or both of the following actions by a community college district, where the apparent purpose is to encourage student attendance in that district: (i) The mailing by a community college district, to any address not within its boundaries, of class schedules or other written information, except to current or former students of the district or at the addressee’s request. (ii) The personal visit by a representative of the community college district to any high school, except in response to an invitation from the school district of which the high school is a part. (B) “Recruiting” does not include any information provided by a community college district through radio, television, or any newspaper or other publication that is not published or otherwise issued by the district, and for which distribution is not limited to residents of the district. (d) The board of governors shall authorize the Chancellor of the California Community Colleges to retain in any fiscal year an amount of up to 5 percent of the appropriation calculated under Chapter 5 (commencing with Section 84700) of Part 50 as a penalty applicable to any community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors under this section. Any funds retained pursuant to this subdivision shall revert to the General Fund. (Amended by Stats. 2005, Ch. 654, Sec. 18. Effective October 7, 2005.)
  174. 78033.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. )

    Verify source ↗

    Existing contracts between school districts are not abrogated by this act, and conflicting contract terms prevail until the contract ends or is terminated by mutual agreement.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. ) ## 78033. Nothing in this act shall abrogate any contract existing between any school districts on the effective date of this chapter. Any contractual provision in any contract in effect on the effective date of this chapter shall prevail over any conflicting provision in this chapter until the termination date of the contract, or upon termination by mutual agreement of the parties, whichever occurs first. (Repealed and added by Stats. 1987, Ch. 1136, Sec. 2.)
  175. 78034.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. )

    Verify source ↗

    Each community college student must be classified as either a district resident or a nondistrict resident.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Interdistrict Attendance [78030 - 78034] ( Article 2 repealed and added by Stats. 1987, Ch. 1136, Sec. 2. ) ## 78034. (a) In addition to classification as a resident pursuant to Section 68040, each community college student shall be classified as either a district resident or a nondistrict resident. (b) For purposes of classification as a district resident or nondistrict resident, the following definitions shall be applicable: (1) “District” means a community college district maintaining one or more community colleges. (2) “District resident” means a resident who has residence within a district in the state. (3) “Nondistrict resident” means a resident who does not have residence within a district in the state, or means a student who: (A) within a 39-month period immediately preceding the residence determination date, was graduated from a high school which is situated in territory not within a district, and (B) whose parent or parents reside in this territory. (Added by Stats. 1990, Ch. 1372, Sec. 456.2.)
  176. 78040.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. )

    Verify source ↗

    This section defines “district” for this article as a community college district identified by the Chancellor as participating in the statewide baccalaureate degree program.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. ) ## 78040. For purposes of this article, “district” means any community college district identified by the Chancellor of the California Community Colleges as participating in the statewide baccalaureate degree program. (Amended by Stats. 2021, Ch. 565, Sec. 2. (AB 927) Effective January 1, 2022.)
  177. 78041.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. )

    Verify source ↗

    The Board of Governors of the California Community Colleges may authorize district baccalaureate degree programs if they meet Section 78042’s eligibility requirements.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. ) ## 78041. Notwithstanding Section 66010.4, and commencing January 1, 2015, the Board of Governors of the California Community Colleges, in consultation with the California State University and the University of California, may authorize the establishment of district baccalaureate degree programs that meet all of the eligibility requirements set forth in Section 78042. (Amended by Stats. 2021, Ch. 565, Sec. 3. (AB 927) Effective January 1, 2022.)
  178. 78042.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. )

    Verify source ↗

    Community college districts must follow approval, staffing, reporting, fee, and review rules before offering baccalaureate degree programs.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. ) ## 78042. (a) A district shall seek approval to offer baccalaureate degree programs through the appropriate accreditation body. (b) When seeking approval from the Board of Governors of the California Community Colleges, a district shall maintain the primary mission of the California Community Colleges specified in paragraph (3) of subdivision (a) of Section 66010.4. The district, as part of the baccalaureate degree program, shall have the additional mission to provide high-quality undergraduate education at an affordable price for students and the state. (c) As a condition of eligibility for consideration to participate in the statewide baccalaureate degree program, a district shall have a written policy that requires all potential students who wish to apply for a Board of Governors Fee Waiver pursuant to Section 76300 to complete and submit either a Free Application for Federal Student Aid or a California Dream Act application in lieu of completing the Board of Governors Fee Waiver application. (d) A district’s baccalaureate degree program shall be subject to the following limitations: (1) A district shall identify and document unmet workforce needs in the subject area of the baccalaureate degree to be offered and offer a baccalaureate degree at a campus in a subject area with unmet workforce needs in the local community or region of the district. (2) A baccalaureate degree program shall not offer a baccalaureate degree program or program curricula already offered by the California State University or the University of California. (3) A district shall have the expertise, resources, and student interest to offer a quality baccalaureate degree in the chosen field of study. (e) A district shall maintain separate records for students who are enrolled in courses classified in the upper division and lower division of a baccalaureate degree program. A student shall be reported as a community college student for enrollment in a lower division course and as a baccalaureate degree program student for enrollment in an upper division course. (f) A governing board of a district seeking authorization to offer a baccalaureate degree program shall submit all of the following for review by the Chancellor of the California Community Colleges and approval by the Board of Governors of the California Community Colleges: (1) Documentation of the district’s written policy required by subdivision (c). (2) The administrative plan for the baccalaureate degree program, including, but not limited to, the governing board of the district’s funding plan for its specific district. (3) A description of the baccalaureate degree program’s curriculum, faculty, and facilities. (4) The enrollment projections for the baccalaureate degree program. (5) Documentation regarding unmet workforce needs specifically related to the proposed baccalaureate degree program, and a written statement supporting the necessity of a four-year degree for that program. The documentation regarding unmet workforce needs shall include all of the following: (A) Evidence that the district consulted with regional employers and regional workforce development boards. (B) Statewide and regional workforce data relevant to the proposed baccalaureate degree program. (C) Evidence that the baccalaureate degree to be offered will help address unmet workforce needs. The evidence may include, but is not limited to, information showing the following: (i) Employers are having difficulty filling positions that require a baccalaureate degree. (ii) Employers are willing to pay baccalaureate degree holders more than those with a related associate degree or no postsecondary degree. (iii) Employers have a preference for candidates with the proposed baccalaureate degree. (6) Documentation of consultation with the California State University and the University of California regarding collaborative approaches to meeting regional workforce needs. (g) (1) The Board of Governors of the California Community Colleges shall develop, and adopt by regulation, a funding model for the support of the statewide baccalaureate degree program that is based on a calculation of the number of full-time equivalent students enrolled in all district baccalaureate degree programs. (2) Funding for each full-time equivalent student shall be at a marginal cost calculation, as determined by the Board of Governors of the California Community Colleges, that shall not exceed the community college credit instruction marginal cost calculation for a full-time equivalent student, as determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5. (3) A student in a baccalaureate degree program authorized by this article shall not be charged fees higher than the mandatory systemwide fees charged for baccalaureate degree programs at the California State University. (4) Fees for coursework in a baccalaureate degree program shall be consistent with Article 1 (commencing with Section 76300) of Chapter 2 of Part 47. (5) A district shall, in addition to the fees charged pursuant to paragraph (4), charge a fee for upper division coursework in a baccalaureate degree program of eighty-four dollars ($84) per unit. (h) The Chancellor of the California Community Colleges shall ensure all of the following for the application and review process for community college districts to participate in the baccalaureate degree program: (1) A community college district is provided with two timelines in which to apply for a baccalaureate degree program per year. A community college district may submit an application to the Chancellor of the California Community Colleges by no later than January 15 and shall receive notice of approval or rejection on or before May 31. A community college district may submit an application to the Chancellor of the California Community Colleges by no later than August 15 and shall receive notice of approval or rejection on or before December 31. (2) Only 15 baccalaureate degree programs are approved during each application period, allowing for a total of 30 approved baccalaureate degree programs per academic year. (3) The total number of baccalaureate degree programs offered by a community college district, at any time, does not exceed 25 percent of the total number of associate degree programs offered by the community college district, including associate degrees for transfer. (4) The review process takes no less than 30 days from the receipt of a completed application to validate the information submitted and assess the workforce value of the proposed program by the Chancellor of the California Community Colleges. (i) (1) The Chancellor of the California Community Colleges shall consult with and seek feedback from the Chancellor of the California State University, the President of the University of California, and the President of the Association of Independent California Colleges and Universities about proposed baccalaureate degree programs. (2) The Chancellor of the California Community Colleges shall notify and send relevant materials to the California State University, the University of California, and the President of the Association of Independent California Colleges and Universities who may notify institutions with physical campuses in the service area of the community college district seeking the proposed baccalaureate degree program. (3) The California State University and the University of California may assess whether proposed baccalaureate degree programs are duplicative of existing baccalaureate programs offered by state universities, and may submit written comments to the Chancellor of the California Community Colleges regarding proposed baccalaureate degree programs. If the California State University or the University of California believes there is program duplication, written objections with supporting evidence shall be submitted to the Chancellor of the California Community Colleges within 30 working days of receipt of the proposal. Upon receipt of written objections, the Chancellor of the California Community Colleges shall have 30 working days to convene with the applicant and the segment or segments that raised an objection to collaborate and establish a written agreement before the program is approved. (4) A formal objection filed by either the California State University or the University of California pursuant to paragraph (3) shall address, at a minimum, each of the following issues in order to facilitate the consultation process: (A) The name and description of the baccalaureate degree program currently offered by the objecting segment that may be duplicated by the proposed baccalaureate degree program, including the campuses that offer the program. (B) The specific components of the proposed baccalaureate degree program deemed as duplicative. (5) The written agreement established between the objecting segment and the Chancellor of the California Community Colleges shall address, at a minimum, whether each of the elements of the original objection addressed in paragraph (4) have been resolved. (j) (1) A community college district shall continue to offer an associate degree program in the same academic subject for which a baccalaureate degree program has been approved, unless that community college district has received approval from the Chancellor of the California Community Colleges to eliminate the associate degree program. (2) When conducting a review to approve the elimination of an associate degree program, the Chancellor of the California Community Colleges shall evaluate both of the following: (A) Changes to the labor market viability of the associate degree. (B) Changes to the minimum education required to maintain program accreditation. (Amended by Stats. 2021, Ch. 565, Sec. 4. (AB 927) Effective January 1, 2022.)
  179. 78043.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. )

    Verify source ↗

    Certain baccalaureate degree programs approved before January 1, 2022 may continue operating.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] ( Heading of Article 3 amended by Stats. 2021, Ch. 565, Sec. 1. ) ## 78043. Baccalaureate degree programs approved by the Board of Governors of the California Community Colleges pursuant to this article before January 1, 2022, may continue to operate. (Repealed and added by Stats. 2021, Ch. 565, Sec. 6. (AB 927) Effective January 1, 2022.)
  180. 78050.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. )

    Verify source ↗

    This section says the act may be cited as the Zero-Textbook-Cost Degree Grant Program.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. ) ## 78050. This act shall be known, and may be cited, as the Zero-Textbook-Cost Degree Grant Program. (Added by Stats. 2016, Ch. 24, Sec. 16. (AB 1602) Effective June 27, 2016.)
  181. 78051.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. )

    Verify source ↗

    This section establishes the Zero-Textbook-Cost Degree Grant Program.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. ) ## 78051. The Zero-Textbook-Cost Degree Grant Program is hereby established to reduce the overall cost of education for students and decrease the time it takes students to complete degree programs offered by community colleges. (Added by Stats. 2016, Ch. 24, Sec. 16. (AB 1602) Effective June 27, 2016.)
  182. 78052.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. )

    Verify source ↗

    This section creates a grant program for community college districts to develop and implement zero-textbook-cost degrees and open educational resources, and sets conditions and reporting duties for receiving funds.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] ( Article 4 added by Stats. 2016, Ch. 24, Sec. 16. ) ## 78052. (a) It is the intent of the Legislature that community college districts develop and implement zero-textbook-cost degrees and develop open educational resources for courses to reduce the overall cost of education for students and decrease the time it takes students to complete degree programs. (b) For purposes of this section, the following definitions apply: (1) “Chancellor” means the Chancellor of the California Community Colleges. (2) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (3) “Degree” means a zero-textbook-cost degree. (4) “Open educational resources” means high-quality teaching, learning, and research resources that reside in the public domain or have been released pursuant to an intellectual property license that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students. Open educational resources include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. (5) “Zero-textbook-cost degrees” means community college associate degrees or career technical education certificates earned entirely by completing courses that eliminate conventional textbook costs by using alternative instructional materials and methodologies, including open educational resources. For purposes of this paragraph, “zero-textbook-cost degrees” may include a low-cost degree option if a no-cost equivalent option is not available or cannot be developed. Discretionary student printing of instructional materials shall not be considered a cost as part of this program. (c) Of the funding appropriated in the annual Budget Act to develop and implement degrees, the chancellor shall distribute grants of up to two hundred thousand dollars ($200,000) to a community college district for each degree developed and implemented within the district that contributes to the overall elimination, or significant lowering, of textbook costs for students and aligns with the conditions for receipt of funds specified in subdivision (d). The chancellor’s office shall ensure that a grant does not result in the development or implementation of duplicate degrees for a subject matter to avoid duplication of effort and ensure the development and implementation of the greatest number of degrees for the benefit of the greatest number of students. The chancellor’s office may distribute the grants in phases, including a planning phase and an implementation phase. (d) As a condition of receiving funding appropriated in the annual Budget Act to develop and implement degrees, a community college district shall comply with all of the following: (1) Develop and implement one or more of the following program pathways: (A) An existing associate degree or career technical education certificate program, prioritizing existing associate degrees for transfer. (B) A new associate degree or career technical education certificate program that meets one of the following conditions: (i) Has a high value in the regional market. (ii) Meets an emerging regional business industry need. (iii) Has high textbook costs. (2) In complying with paragraph (1), prioritize the development and implementation of a degree from an existing associate degree for transfer and, to the extent possible, prioritize the adaptation of existing open educational resources through existing open educational resources initiatives, or elsewhere, before creating new content. (3) Develop degrees with consideration for sustainability after grant funding is exhausted, including how content is updated and presented. (4) Ensure compliance with the federal Americans with Disabilities Act (Public Law 104-197) and the federal Copyright Act of 1976 (Public Law 94-553). (5) Develop and implement a minimum of one degree for each grant received. (6) Develop and implement a degree that other community college districts can use or adapt, and post each degree, and the contents of the degree, on the online clearinghouse of information established pursuant to Item 6870-101-0001 of the Budget Act of 2016, or a successor internet website. All open educational resources used as learning materials for a degree developed pursuant to this section shall be added to the California Digital Open Source Library established in Section 66408. Testing and assessment materials posted online pursuant to this paragraph shall be safeguarded to maintain the integrity of those materials. This paragraph shall not be construed to prohibit faculty from providing sample test and assessment materials to students. (7) Ensure faculty shall have flexibility to update and customize degree content as necessary within the parameters of this program. (8) Ensure that the degree developed and implemented is clearly identified in college catalogs and in class schedules. (9) Provide the chancellor with all legislatively required report data, any planning, progress, and outcome information associated with the grant, and any additional information that the chancellor determines necessary. (10) Consult with the local academic senate of a college that would implement a degree. (11) (A) Use a multimember team approach, to develop and implement a degree pursuant to this section, that includes faculty, college administrators, and other content-focused staff, including, but not limited to, librarians, instructional designers, and technology experts, from the campus that would implement the degree, other colleges of the community college system, and interested campuses of the California State University and the University of California. (B) Grant recipients may use funds to obtain professional development and technical assistance to assist in the development of degrees and open educational resource materials. (12) Strive to implement degrees within three academic years of receiving funding, or sooner, as determined by the chancellor’s office. (e) Of the funding appropriated in the annual Budget Act, the chancellor may also distribute grants to a community college district for the development and curation of open educational resources for coursework. The chancellor’s office shall determine the amount of a grant for this purpose, but the grant amount shall not exceed twenty thousand dollars ($20,000). (f) As a condition of receiving funding appropriated in the annual Budget Act for the development and curation of open educational resources for coursework, a community college district shall comply with all of the following: (1) Coordinate the development and curation of open educational resources with efforts to develop and implement degrees pursuant to subdivisions (c) and (d). (2) In instances where the community college district does not receive a grant pursuant to subdivision (c), the community college district shall coordinate the development and curation of open educational resources with existing open educational resources initiatives and degree efforts. In addition, the community college district shall develop and curate open educational resources for coursework to be used for one or more of the following program pathways: (A) An existing associate degree or career technical education certificate program, prioritizing existing associate degrees for transfer. (B) A new associate degree or career technical education certificate program that meets one of the following conditions: (i) Has high value in the regional market. (ii) Meets an emerging regional business industry need. (iii) Has high textbook costs. (3) In complying with paragraph (2), to the extent possible, prioritize the adaptation of existing open educational resources for coursework through existing open educational resources initiatives, or elsewhere, before creating new content. (4) Ensure compliance with the federal Americans with Disabilities Act (Public Law 104-197) and the federal Copyright Act of 1976 (Public Law 94-553). (5) Ensure all open educational resources developed pursuant to this subdivision is added to the California Digital Open Source Library established in Section 66408. (6) Provide the chancellor with all required report data and any planning, progress, and outcome information associated with the grant. (7) (A) Consult with the local academic senate of a community college that would use open educational resources. (B) Grant recipients may use funds to obtain professional development and technical assistance to assist in the development and curation of open educational resources for coursework. (8) Strive to complete development and curation of open educational resources for coursework within two academic years of receiving funding, or sooner, as determined by the chancellor’s office. (g) (1) The chancellor shall, by June 30, 2027, report to the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the development and implementation of degrees pursuant to subdivisions (c) and (d), and the development and curation of open educational resources pursuant to subdivisions (e) and (f), including, but not limited to: (A) The number of degrees developed and implemented and open educational resources developed and curated within each district, disaggregated by college. Degrees shall also be disaggregated by the number of degrees that eliminated textbook costs and the number of degrees that significantly lowered textbook costs. (B) The estimated annual savings to students. (C) The number of students who completed a zero-textbook-cost degree program and accessed open educational resources. (D) Recommendations to increase, expand, or improve the offering of degrees and the use of open educational resources. (2) A report pursuant to paragraph (1) shall be submitted to the Legislature in compliance with Section 9795 of the Government Code. (h) (1) Of the funds appropriated in the annual Budget Act for this program, up to 3 percent of the appropriation may be allocated by the chancellor’s office to contract with a community college district to administer this program. (2) The contract between the chancellor’s office and the community college district shall reflect all of the following: (A) The programmatic and administrative responsibilities that will be delegated to the district, including the programmatic requirements identified in subdivisions (c) to (g), inclusive. (B) A requirement that the contracting district provide prebid conferences, either in person or via webinar, for interested grant applicants. (C) Technical assistance to grant applicants and grantees. (3) The contracting community college district may apply for, and receive, a grant to develop and implement a degree and have employees and administrators of the district participate as part of a multimember team approach pursuant to paragraph (11) of subdivision (d). To be eligible to receive a grant, the district shall maintain appropriate and transparent internal controls and processes to ensure that the district’s contracted duties and responsibilities are clearly delineated, identified, and distinguished from the duties and responsibilities conferred upon the district as a grant applicant and recipient. (4) Upon request of the chancellor’s office, the contracted community college district shall provide the chancellor’s office with an update on the status of the development and implementation of each degree within the district and the development and curation of open educational resources within the district. (5) Notwithstanding any other law, a contract between the chancellor’s office and a community college district for purposes of this subdivision is not subject to any competitive bidding requirements of Section 10340 of the Public Contract Code for the limited purpose of administering the program pursuant to this subdivision. (i) Of the funds appropriated in the annual Budget Act for this program, funds not awarded in a fiscal year for which funds are appropriated may be awarded in the following fiscal year. (j) The chancellor’s office shall award an initial round of grants no later than January 1 of a fiscal year for which the funds are appropriated. (k) The chancellor’s office may allocate any unallocated resources appropriated for purposes of this program, on or after June 30, 2025, to a community college district to contract for the establishment of statewide open educational resources infrastructure, including the curation, storage, and maintenance of open educational resources infrastructure materials. (Amended by Stats. 2025, Ch. 745, Sec. 5. (SB 148) Effective October 13, 2025.)
  183. 78060.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] ( Article 5 added by Stats. 2018, Ch. 603, Sec. 3. )

    Verify source ↗

    This section names the California Community College Teacher Credentialing Partnership Pilot 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] ( Article 5 added by Stats. 2018, Ch. 603, Sec. 3. ) ## 78060. This section shall be known, and may be cited, as the California Community College Teacher Credentialing Partnership Pilot Act. (Added by Stats. 2018, Ch. 603, Sec. 3. (SB 577) Effective January 1, 2019.)
  184. 78061.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] ( Article 5 added by Stats. 2018, Ch. 603, Sec. 3. )

    Verify source ↗

    This section creates a California community college teacher credentialing partnership pilot program, lets the Commission on Teacher Credentialing award limited grants, and sets conditions for pilot programs and reporting.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] ( Article 5 added by Stats. 2018, Ch. 603, Sec. 3. ) ## 78061. (a) The California Community College Teacher Credentialing Partnership Pilot Program is hereby established for both of the following purposes: (1) To encourage accredited degree-granting institutions of higher education with a physical presence in this state to collaborate with one or more community colleges to offer teacher credentialing coursework remotely at the participating community college or colleges. (2) To bring opportunities to earn teacher credentialing degrees to areas with low college-going rates or limited access to teacher-credentialing, degree-granting higher education institutions. (b) (1) The Commission on Teacher Credentialing, in coordination with the Chancellor of the California Community Colleges, may award up to three grants, not to exceed five hundred thousand dollars ($500,000) each, to collaboratives formed for the purpose of offering teacher credential coursework remotely at a participating community college or colleges. For the purposes of this section, a collaborative shall be comprised of at least one community college and at least one accredited degree-granting institution of higher education. (2) (A) Priority for the receipt of grant funds may be given to a collaborative that meets all of the following: (i) Is located in areas of the state with low rates of K–12 credentialed public school teachers. (ii) Demonstrates that its teacher credentialing degree program or programs meet a documented labor market demand of the collaborative’s target region. (iii) Identifies the resources necessary to offer a teacher credentialing degree program or programs. (B) The funds granted under this subdivision shall be for one-time startup costs of the collaborative for the purposes of developing and implementing its pilot program. These costs may include any, or any combination, including all, of the following: (i) Professional development for effective distance learning. (ii) Deploying a teaching assistant for the community college classroom or classrooms where courses are offered via distance learning. (iii) Technology upgrades for the community college classroom or classrooms where the distance learning courses are offered. (iv) Student retention, outreach, or engagement. (v) Data monitoring and systems infrastructure. (vi) Cross system alignment. (vii) Other startup costs that are necessary for developing and implementing its pilot program. (C) Each pilot program implemented under this section shall do all of the following: (i) Utilize courses currently offered by the collaborating accredited degree-granting institution or institutions of higher education, which may be one or more California State University or University of California campuses, or one or more independent institutions of higher education, as defined in Section 66010, with a physical presence in this state. (ii) Include, as a primary target population to take courses under the pilot program, teachers who hold a baccalaureate degree and are currently teaching on a short-term staff permit or a provisional internship permit. (iii) Charge no more than the standard tuition and fees of the collaborating accredited teacher-credentialing, degree-granting institution or institutions of higher education. (iv) Involve current faculty from the collaborating accredited degree-granting institution or institutions of higher education as faculty for courses offered under the pilot program, which shall be current courses of that institution or institutions. (c) (1) It is the intent of the Legislature that no collaborative funded under this section may be terminated abruptly, thus leaving its enrolled students without a way to earn a teaching credential under this section. (2) As a condition of an agreement for the receipt of a grant under this section, each collaborative shall ensure that every student who enrolls in its pilot program before an announcement of the termination of the collaborative has an opportunity to complete the coursework necessary to obtain a teaching credential under this section. (d) A collaborative shall not offer a teacher credentialing degree program under this section unless that program has been accredited by the Commission on Teacher Credentialing’s Committee on Accreditation on the basis of standards of program quality and effectiveness. (e) Grants awarded under this section shall be awarded only to the extent that funding for this section is provided in the annual Budget Act. (f) (1) On or before April 1, 2023, the Legislative Analyst’s Office shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, and to the Department of Finance on the implementation of the program established pursuant to this section. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on April 1, 2027, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2018, Ch. 603, Sec. 3. (SB 577) Effective January 1, 2019.)
  185. 78070.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    This section defines “justice-involved” and “Rising Scholars Network” 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78070. For purposes of this article, the following definitions apply: (a) “Justice-involved” means a person who is currently or formerly incarcerated in a California correctional facility, or currently or formerly detained in a juvenile facility. (b) “Rising Scholars Network” means the program established pursuant to subdivision (a) of Section 78071. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  186. 78071.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    The Chancellor’s office may create the Rising Scholars Network program, and participating community college districts must apply for funding and include required details in their applications.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78071. (a) The office of the Chancellor of the California Community Colleges may establish a program to enter into agreements with community colleges to provide additional funds for services in support of postsecondary education for justice-involved students. This program shall be known as the Rising Scholars Network, and shall expand the number of justice-involved students participating and succeeding in the community colleges and shall not displace other students. (b) A community college district that wishes to participate in the Rising Scholars Network shall apply to the board of governors for funding pursuant to this article. The application of each participating community college district shall identify the Rising Scholars college or colleges in the district, and shall include, but not be limited to, the number of justice-involved students who will be served. The application shall also describe the extent of cooperation between the college and local criminal justice stakeholders, including, as applicable, wardens, county sheriffs, juvenile facilities, and probation departments. Beginning in the 2025–26 fiscal year, the board of governors may prioritize funding provided in the annual Budget Act for applications submitted pursuant to this article that demonstrate positive student outcomes consistent with the goals and guidance described in Section 78072. (c) To the maximum extent feasible, funds received by a community college under this article shall be used for, but not be limited to, any of the following supports and services: (1) Providing any of the following for programs serving all justice-involved students, whether on campus or in custody: (A) Academic counseling or advising that provides clear pathways. (B) Academic tutoring. (C) Financial aid information and application assistance. (D) Frequent in-person contact. (E) Professional development for faculty and staff. (2) Providing any of the following for programs serving formerly incarcerated students on campus: (A) Peer-to-peer support or mentoring. (B) Assistance with accessing campus resources, including admissions, financial aid, and student services. (C) Career counseling and, as feasible, placement services. (D) Assistance with accessing community resources, including record clearance, housing assistance, mental health support, and social services. (3) Providing either of the following for programs serving currently incarcerated or detained students: (A) Transitional materials and services to support students in enrollment and persistence in higher education upon release. (B) Parity of academic supports and services as provided on campus. (Amended by Stats. 2025, Ch. 9, Sec. 8. (AB 123) Effective June 27, 2025.)
  187. 78072.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    The board of governors must adopt regulations for the Rising Scholars Network that follow the listed goals and guidance.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78072. The board of governors shall adopt regulations for the Rising Scholars Network that fulfill the following goals and guidance: (a) Participating colleges designate a staff program director, coordinator, or liaison who has experience working with currently or formerly incarcerated students. (b) Funded programs are supported with a dedicated campus meeting space. (c) Funded programs build support and competency from a broad range of college stakeholders. (d) Participating colleges offer and make accessible a range of student supports to address academic and nonacademic needs. (e) Funded programs foster peer mentors, as applicable. (f) Funded programs develop and maintain strong relationships with external partners, including community-based programs, probation, parole, and county jails. (g) Participating colleges provide or connect justice-involved students with direct student financial support for critical needs. (h) Funded programs outreach and respond to prospective justice-involved students, particularly those in jail or prison. (i) Funded programs help justice-involved students apply, matriculate, and persist to graduation. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  188. 78073.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    The board of governors is responsible for administering funds for the Rising Scholars Network.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78073. The board of governors shall be responsible for the administration of funds for the Rising Scholars Network. To the extent possible, services provided under this article to justice-involved students shall be coordinated with, and shall not supplant, other services provided by the county and state. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  189. 78074.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    The board of governors may authorize the chancellor to set aside up to 5% of funds allocated under this article for administration, development, and accountability 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78074. The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to designate up to 5 percent of the funds allocated pursuant to this article for program administration, program development, and program accountability. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  190. 78075.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    The board of governors must report every two years on its efforts to serve justice-involved students, starting on or before December 31, 2023.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78075. Notwithstanding Section 10231.5 of the Government Code, on or before December 31, 2023, and every two years thereafter, the board of governors shall submit a report to the Department of Finance and all relevant legislative policy and budget subcommittees describing its efforts to serve justice-involved students. The reports shall include recommendations on whether and how the Rising Scholars Network under this article can be expanded to all community college districts and campuses. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  191. 78076.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. )

    Verify source ↗

    This article operates in a fiscal year only if the Legislature has appropriated funds for it for that year.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] ( Article 6 added by Stats. 2021, Ch. 558, Sec. 2. ) ## 78076. This article shall be operative in a fiscal year only if funds have been appropriated for purposes of this article for that fiscal year by the Legislature in the annual Budget Act or another statute. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.)
  192. 78080.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. )

    Verify source ↗

    This section names the article the Hire UP Pilot Program.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. ) ## 78080. This article shall be known, and may be cited, as the Hire UP Pilot Program. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.)
  193. 78081.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. )

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    This section creates the Hire UP Pilot Program and gives the Chancellor’s office authority to run 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. ) ## 78081. (a) The Hire UP Pilot Program is hereby established, to be administered by the office of the Chancellor of the California Community Colleges, for purposes of providing justice-involved individuals access to the credential programs and workforce support needed to enter, participate, and compete in California’s economy. (b) (1) The office of the Chancellor of the California Community Colleges may enter into agreements with up to 10 community college districts for a five-year pilot program to provide funding for stipends to formerly incarcerated individuals, CalWORKs recipients, and former foster youth. (2) Stipends provided under this article shall be equal to the state minimum wage for the duration of the academic program in which the student is enrolled. (3) The stipend amount shall be determined based on the number of hours in the academic program, up to 40 hours per week for a full-time program. (4) Students receiving stipends pursuant to this article shall have access to all supportive, academic, and professional services available through the Rising Scholars Network and their partners, or any services and programs offered by the participating community college district that are designed to benefit justice-involved students. (5) Stipends provided pursuant to this article to students shall be distributed by their community college financial aid office. (c) (1) The chancellor’s office shall develop an application for community college districts wishing to participate to apply for funding pursuant to this article by November 1, 2022, with funding distributed by May 1, 2023. The application shall include, but not be limited to, all of the following information: (A) Current participation in the Rising Scholars Network or in another dedicated reentry program. (B) A description of the mechanism the community college district will use to measure program and student success. (C) A demonstration that the community college district has sufficient staff and resources to serve students in the program, including one dedicated student outreach and recruitment staff position and one dedicated workforce and industry development staff position. (D) A commitment to serve a specified number of students, as established by the chancellor’s office. (E) A description of the partners and services available to students participating in the program. (F) A description of the local employers, industry recruiters, trade groups, career centers, and other workforce placement entities that the community college district will engage for the purpose of establishing a career pathway for students receiving a stipend pursuant to this article. (2) The chancellor’s office shall establish requirements for community college districts related to program data collection and the number of stipend recipients per district. (d) A community college student enrolled in a certificate or degree program at a California community college is eligible for a stipend if either of the following apply: (1) The student has been released from incarceration within the last three years and is a current participant in the Rising Scholars Network or in another dedicated reentry program. (2) The student is a CalWORKs recipient or former foster youth. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.)
  194. 78082.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. )

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    The Chancellor of the California Community Colleges must report to the Legislature on the pilot program, and participating community college districts must give the Chancellor’s office the information needed for evaluation.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. ) ## 78082. (a) (1) The Chancellor of the California Community Colleges shall submit a report to the Legislature on or before March 1, 2025, and annually thereafter until a final report is submitted on March 1, 2029, on the implementation of the pilot program, including, but not limited to, all of the following information: (A) The number of students receiving a stipend pursuant to this article. (B) The degree or training program the student has completed or is participating in. (C) The name of each community college district participating pursuant to this article. (D) The outcomes for all participants, including employment, additional education, or business startups. (E) The percentage of students employed in the field in which they received a degree or completed training. (F) The degree to which Hire UP supportive services acknowledge and address historic racial inequity and socioeconomic barriers to workforce participation for the target population groups. (G) The impact of the pilot program on the target population groups, including key conclusions and policy recommendations to provide guidance to the Legislature and the Governor. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (b) Participating community college districts shall provide all of the information in subdivision (a) to the chancellor’s office to facilitate pilot program evaluation. (c) Participating community college districts and community partners may be required to participate in technical assistance activities, including, but not limited to, convening practice communities to identify and help replicate evidence-based practices and facilitate an assessment and evaluation of the performance and success of the pilot program. (Amended by Stats. 2025, Ch. 9, Sec. 9. (AB 123) Effective June 27, 2025. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.)
  195. 78083.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. )

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    Hire UP funding is limited to legislative appropriation, capped at $30 million, and cannot take money from or replace existing education, workforce development, or employment services programs.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. ) ## 78083. Funding for the Hire UP pilot program shall be subject to appropriation by the Legislature for purposes of this article, up to a total of thirty million dollars ($30,000,000). Funding for the Hire UP pilot program shall not draw from, supplant, or redirect existing state or federally funded education, workforce development, or employment services programs, except that those funds may, but shall not be required to, be used as leverage with Hire UP funding. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.)
  196. 78084.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. )

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    This article becomes inoperative on March 15, 2029, and is repealed as of January 1, 2030.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Hire UP Program [78080 - 78084] ( Article 7 added by Stats. 2022, Ch. 54, Sec. 27. ) ## 78084. This article shall become inoperative on March 15, 2029, and as of January 1, 2030, is repealed. (Amended by Stats. 2025, Ch. 9, Sec. 10. (AB 123) Effective June 27, 2025. Repealed January 1, 2030, by its own provisions. Note: Repeal affects Article 7 commencing with Section 78080.)
  197. 78090.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. The Community College Student Access, Retention, and Debt Cancellation Program [78090- 78090.] ( Article 8 added by Stats. 2022, Ch. 929, Sec. 1. )

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    This section creates a community college program and directs the Chancellor to allocate funds to districts for student retention and enrollment efforts.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Education Programs [78015 - 78090] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. The Community College Student Access, Retention, and Debt Cancellation Program [78090- 78090.] ( Article 8 added by Stats. 2022, Ch. 929, Sec. 1. ) ## 78090. (a) The Community College Student Access, Retention, and Debt Cancellation Program is hereby established. (b) The Chancellor of the California Community Colleges shall allocate funds on a one-time basis to community college districts to support efforts to increase student retention rates and enrollment by engaging former community college students who may have withdrawn from a community college district due to the impacts of the COVID-19 pandemic, current community college students who may be hesitant to remain enrolled at a community college district due to the impacts of the COVID-19 pandemic, and prospective students who may be hesitant to enroll at a community college district due to the impacts of the COVID-19 pandemic. (c) (1) The governing board of a community college district shall prioritize the use of allocated funds received pursuant to subdivision (b) for community colleges in the district with the largest declines in enrollment due to the impacts of the COVID-19 pandemic. (2) A community college district may use funds allocated pursuant to subdivision (b) to provide a fiscal incentive for students to reenroll, or for prospective students to enroll, at the community college. (3) A community college district may use funds allocated pursuant to subdivision (b) to discharge unpaid fees due or owed by a student to a community college in the district. (d) In considering the allocation methodology to community college districts, the chancellor shall allocate additional funds to community college districts that have the most significant declines in unduplicated student headcount since Fall 2019. (e) The chancellor may allocate up to 10 percent of the funds appropriated for purposes of the program to support statewide recruitment and retention efforts. (f) Implementation of the program established pursuant to this section is contingent upon an appropriation in the annual Budget Act or another statute for its purposes. (Added by Stats. 2022, Ch. 929, Sec. 1. (AB 1958) Effective January 1, 2023.)
  198. 78100.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. )

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    Each community college district board must provide library services for district students and faculty.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. ) ## 78100. The governing board of each community college district shall provide library services for the students and faculty of the district by establishing and maintaining community college libraries or by contractual arrangements with another public agency. (Amended by Stats. 1991, Ch. 1038, Sec. 5.5. Effective October 14, 1991.)
  199. 78101.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. )

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    The board of governors must adopt standards, rules, and regulations for community college library 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. ) ## 78101. The board of governors shall adopt standards, rules, and regulations for community college library services. (Added by Stats. 1990, Ch. 1372, Sec. 459.)
  200. 78103.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. )

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    Community college libraries must be open for faculty and students during the day.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1.5. Library Services [78100 - 78103] ( Chapter 1.5 added by Stats. 1990, Ch. 1372, Sec. 459. ) ## 78103. The libraries shall be open for the use of the faculty and the students of the community college district during the day. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of academic personnel. (Amended by Stats. 2005, Ch. 654, Sec. 19. Effective October 7, 2005.)

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