Education Code — Part 46 | EDC — United States — California law | Esheria

Education Code

Part 46 of 57 · provisions 9,001–9,200

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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. 78210.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This article is known as and may be cited as the Seymour-Campbell Student Success Act of 2012.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78210. This article shall be known and may be cited as the Seymour-Campbell Student Success Act of 2012. (Amended by Stats. 2012, Ch. 624, Sec. 3. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  2. 78211.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This section states the Legislature’s intent for community college student matriculation, focusing on equal opportunity, student support, success, and partnerships.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78211. It is the intent of the Legislature to do all of the following: (a) Ensure equal education opportunity for all Californians. (b) Provide students with the resources and support to establish informed educational choices aligned with their academic and career goals. (c) Ensure that students receive the educational services necessary to optimize their opportunities for success in completing their educational goals and courses of study. (d) Recognize that student success is the responsibility of the institution and student, supported by well-coordinated and evidence-based student and instructional services to foster academic success. (e) Target state resources on the provision of critical student services, such as counseling and student advising, and identify a broad array of service delivery mechanisms that can effectively reach a greater number of students. (f) Recognize the importance for community college districts of establishing local and regional partnerships with school districts, workforce agencies, and other system partners to leverage resources to assist students in exploring career options, preparing for college, and developing and achieving educational goals and plans. (Amended by Stats. 2012, Ch. 624, Sec. 4. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  3. 78211.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    Colleges or districts that receive funding under this article must follow the article’s terms while the funding continues, use the money only for board-approved services, and may have to provide matching funds if the board of governors requires 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78211.5. (a) The purpose of the Seymour-Campbell Student Success Act of 2012 is to increase California community college student access and success by providing effective core matriculation services, including orientation, assessment and placement, counseling, and other education planning services, and academic interventions. The focus of the Seymour-Campbell Student Success Act of 2012 is on the entering students’ transition into college in order to provide a foundation for student achievement and successful completion of students’ educational goals, with a priority toward serving students who enroll to earn degrees, career technical certificates, transfer preparation, or career advancement. The Seymour-Campbell Student Success Act of 2012 targets state resources on core matriculation services that research has shown to be critical in increasing the ability of students to reach their academic and career goals. By focusing funding in these core areas and leveraging the use of technology to more efficiently and effectively serve a greater number of students, the goal of the Seymour-Campbell Student Success Act of 2012 is to provide students with a solid foundation and opportunity for success in the California Community Colleges. (b) Any college or district receiving funding under this article shall agree to carry out its provisions as specified, but shall be bound to that agreement only for the period during which funding is received pursuant to this article. The obligations of the college or district under the agreement shall include, but not be limited to, the expenditure of funds received pursuant to this article for only those services approved by the board of governors and the contribution toward the purposes of this article of matching funds as the board of governors may require pursuant to Section 78216. (Amended by Stats. 2012, Ch. 624, Sec. 5. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  4. 78212.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This section defines “matriculation” and describes the student, college, and board responsibilities tied to student success 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78212. (a) (1) For purposes of this article, “matriculation” means a process that brings a college and a student into an agreement for the purpose of achieving the student’s educational goals and completing the student’s course of study. The agreement involves the responsibilities of both parties to attain those objectives through the college’s established programs, policies, and requirements including those established by the board of governors pursuant to Section 78215. (2) The institution’s responsibility under the agreement includes the provision of student services to provide a strong foundation and support for their academic success and ability to achieve their educational goals. The program of services funded through the Seymour-Campbell Student Success Act of 2012, which shall be known and may be cited as the Student Success and Support Program, shall include, but are not necessarily limited to, all of the following: (A) Orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other matters the college or district finds appropriate. (B) Assessment before course registration, as defined in Section 78213. (C) Counseling and other education planning services, which shall include, but not necessarily be limited to, all of the following: (i) Counseling and advising. (ii) Assistance to students in the exploration of educational and career interests and aptitudes and identification of educational objectives, including, but not limited to, preparation for transfer, associate degrees, and career technical education certificates and licenses. (iii) The provision of information, guided by sound counseling principles and practices, using a broad array of delivery mechanisms, including technology-based strategies to serve a continuum of student needs and abilities, that will enable students to make informed choices. (iv) Development of an education plan leading to a course of study and guidance on course selection that is informed by, and related to, a student’s academic and career goals. (D) Referral to specialized support services as needed and available, including, but not necessarily limited to, federal, state, and local financial assistance; health services; career services; veteran support services; foster youth services; extended opportunity programs and services provided pursuant to Article 8 (commencing with Section 69640) of Chapter 2 of Part 42 of Division 5; campus child care services provided pursuant to Article 4 (commencing with Section 8225) of Chapter 2 of Part 6 of Division 1 of Title 1; programs that teach basic skills education and English as a second language; and disabled student services provided pursuant to Chapter 14 (commencing with Section 67300) of Part 40 of Division 5. (E) Evaluation of each student’s progress and referral to appropriate interventions for students who are enrolled in basic skills courses, who have not declared an educational goal as required, or who are on academic probation, as defined by standards adopted by the Board of Governors of the California Community Colleges and community college districts. (3) The student’s responsibilities under the agreement include, but are not necessarily limited to, the identification of an academic and career goal upon application, the declaration of a specific course of study after a specified time period or unit accumulation, as defined by the board of governors, diligence in class attendance and completion of assigned coursework, and the completion of courses and maintenance of academic progress toward an educational goal and course of study identified in the student’s education plan. To ensure that students are not unfairly impacted by the requirements of this chapter, the board of governors shall establish a reasonable implementation period that is phased in as resources are available to provide nonexempt students with the core services pursuant to this section. (b) Funding for the Student Success and Support Program shall be targeted to fully implement orientation, assessment, counseling and advising, and other education planning services needed to assist a student in making an informed decision about his or her educational goal and course of study and in the development of an education plan. (Amended by Stats. 2012, Ch. 624, Sec. 6. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  5. 78212.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This section states that California community colleges should place eligible students into transfer-level English or math, support transfer-level course access, and preserve disability-related educational assistance 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78212.5. It is the intent of the Legislature that, pursuant to Sections 78213 and 78213.1, all of the following are satisfied: (a) All United States high school graduate students and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, shall be enrolled in, transfer-level English and mathematics courses if their program requires mathematics or English. (b) California community colleges shall place and enroll students into transfer-level mathematics or English coursework that satisfies a requirement of the student’s intended certificate or associate degree or a requirement for transfer within their intended major. (c) When the California State University and University of California systems require mathematics or English prerequisites, both of the following apply: (1) Community colleges shall determine the methods of fulfilling the prerequisite, whether it be through high school coursework, completion of corequisite coursework or concurrent support activity, credit by examination, credit for prior learning, or multiple measures placement into, or completion of, a course with the same or higher prerequisite. (2) The California State University shall, and the University of California is requested to, work collaboratively with the California Community Colleges to maintain articulation of courses successfully completed at the California Community Colleges. (d) California community colleges create the largest opportunities possible for access to transfer-level courses, ensure the greatest enrollment possible into those courses, and provide students the support they need to perform well and be successful in completing those courses. (e) In order to protect the rights of students with disabilities to fully benefit from participation in postsecondary educational programs, students with documented disabilities shall retain access to educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, that are offered to students who otherwise would not be able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services. (f) Notwithstanding this article, community colleges remain responsible for implementing state and federal laws pertaining to funding and providing services to students with disabilities, including, but not limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), as amended, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as amended. (Amended by Stats. 2023, Ch. 131, Sec. 48. (AB 1754) Effective January 1, 2024. Note: See provision in Section 78218 making operation contingent upon funding.)
  6. 78213.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    Community colleges must place eligible students into transfer-level English and math, limit use of assessment instruments, and follow strict rules for placement, exceptions, and 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78213. (a) A community college district or community college shall not use any assessment instrument for the purposes of this article without the authorization of the board of governors. The board of governors may adopt a list of authorized assessment instruments. (b) The board of governors shall review all assessment instruments and shall consider for approval those that meet all of the following requirements: (1) Assessment instruments shall meet established standards of validity and reliability. (2) Assessment instruments shall be sensitive to cultural and language differences between students, and shall be adapted as necessary to accommodate students with disabilities. (3) Assessment instruments shall be used solely as an advisory tool to assist students in the selection of appropriate courses. (4) Assessment instruments shall not be used to exclude students from admission to community colleges. (c) (1) A community college district or community college shall maximize the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe of their initial attempt in the discipline. For a student with a declared academic goal, the transfer-level coursework shall satisfy the English and mathematics course requirements of the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline. (2) Community colleges shall use, in the placement and enrollment of students into English and mathematics courses in order to achieve this goal, one or more of the following measures: (A) High school coursework. (B) High school grades. (C) High school grade point average. (3) When using multiple measures, colleges shall apply multiple measures in the placement and enrollment of all students in such a manner that all of the following occur: (A) Low performance on one measure shall be offset by a higher performance on another measure. (B) Multiple measures shall be used to increase a student’s placement recommendation and shall not be used to lower it. (C) Any one measure may demonstrate a student’s preparedness for transfer-level coursework. (D) The multiple measures placement shall not require students to repeat coursework that they successfully completed in high school or college or for which they demonstrated competency through other methods of credit for prior learning. (E) The multiple measures placement gives students access to a transfer-level course that will satisfy a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major. (4) For the purposes of this subdivision, using high school grade point average as a composite of student performance over multiple years of high school coursework is a sufficient use of multiple evidence-based measures. (5) Community colleges shall use multiple evidence-based measures for placing students into English-as-a-second-language (ESL) coursework. For those students placed into credit ESL coursework, their placement should maximize the probability that they will complete degree and transfer requirements in English within three years. (6) High school transcript data shall be used as the primary means for determining placement in English and mathematics courses. When high school transcript data is difficult to obtain, logistically problematic to use, or not available, a community college district or community college shall use self-reported high school information. (7) (A) For students who have not graduated from high school, or for high school graduates unable to provide self-reported high school information, community colleges may use guided placement or self-placement. (B) The placement and enrollment resulting from the guided or self-placement method shall maximize the probability that students enter and complete transfer-level mathematics and English coursework that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline. (C) A community college may use guided placement or self-placement to direct English language learners who are not United States high school graduates into credit ESL programs and shall maximize the probability that students in credit ESL programs enter and complete transfer-level English within a timeframe of three years. (D) District placement methods based upon guided placement, including self-placement, shall not do either of the following: (i) Incorporate sample problems, assignments, assessment instruments, or tests, including those designed for skill assessment. (ii) Request students to solve problems, answer curricular questions, present demonstrations and examples of coursework designed to show knowledge or mastery of prerequisite skills, or demonstrate skills through tests or surveys. (8) The board of governors shall establish regulations governing the use of these and other measures, instruments, and placement models to ensure that the measures, instruments, and placement models selected by a community college demonstrate that they guide English and mathematics placements and enrollment to achieve the goal of maximizing the probability that a student will enter and complete transfer-level coursework in English and mathematics that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major within a one-year timeframe and credit ESL students will complete transfer-level coursework in English within a timeframe of three years. (9) A community college district or community college shall maximize the probability that a student will enter and complete college-level coursework in English and mathematics within a one-year timeframe that for students who seek a goal other than transfer, and who are in certificate or degree programs with specific mathematics and English requirements, as determined by the program’s advisory board or accrediting body, that cannot be met with transfer-level coursework. (10) Programs without mathematics or English requirements are exempt from this subdivision. (d) A community college district or community college shall not recommend or require students to enroll in pretransfer-level English or mathematics coursework unless both of the following are true: (1) The student is highly unlikely to succeed in a transfer-level English or mathematics course based on their high school grade point average and coursework. (2) The enrollment in pretransfer-level coursework will improve the student’s probability of completing transfer-level coursework in English and mathematics within a one-year timeframe or, for credit ESL students, completing transfer-level coursework in English within a three-year timeframe. (e) (1) By July 1, 2023, if a community college places and enrolls students into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major, the community college shall show both of the following to verify the benefit of the coursework to students: (A) The student is highly unlikely to succeed in a transfer-level English or mathematics course that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major. (B) The enrollment will improve the student’s probability of completing transfer-level mathematics or English coursework that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe. (2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2024, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing subsequent coursework that satisfies a requirement for their intended certificate or associate degree, or a requirement for transfer within their intended major. (f) (1) By July 1, 2024, for calculus-based associate degrees or transfer majors in science, technology, engineering, and mathematics (STEM), community colleges shall examine the impact of placing and enrolling students into transfer-level course sequences, composed of no more than two transfer-level courses, that prepare students for the first STEM calculus course, in order to verify the benefit of the coursework to students by showing all of the following: (A) The student is highly unlikely to succeed in the first STEM calculus course without the additional transfer-level preparation. (B) The enrollment will improve the student’s probability of completing the first STEM calculus course. (C) The enrollment will improve the student’s persistence to and completion of the second calculus course in the STEM program, if a second calculus course is required. (2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2025, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing calculus for their STEM program. (g) Community colleges are encouraged to explore the impact of concurrent support for the first STEM calculus course as an alternative to transfer-level preparatory courses that are not part of the STEM degree or transfer coursework for the STEM major. (h) By July 1, 2023, a community college district or community college, when considering the placement and enrollment of a student into transfer-level English and mathematics, shall not rely upon any of the following as a justification for placing and enrolling a student into pretransfer-level mathematics or English coursework or into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major: (1) The length of time between a student’s enrollment date at the community college and the student’s high school graduation date. (2) Whether the student belongs to a special population, including, but not limited to, foster youth, veterans, economically disadvantaged students or those students who participate in extended opportunity programs and services, participants in disability services and programs for students, and students in Umoja, Puente, or Mathematics, Engineering, Science Achievement (MESA) programs. (3) Whether the student can provide a high school transcript, self-reports high school information, or uses self-placement or guided placement. (i) (1) By July 1, 2023, all United States high school graduates, and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, enrolled in, transfer-level English and mathematics courses. (2) If the student has a declared academic goal, the mathematics and English coursework shall satisfy a requirement of the student’s intended certificate or associate degree or a requirement for transfer within the intended major. (3) A community college shall not require students to repeat coursework that they have successfully completed in high school or college or take coursework that repeats competencies that the student has demonstrated through other methods of credit for prior learning. (4) A community college shall not enroll into noncredit coursework students who have graduated from a United States high school or been issued a high school equivalency certificate, as a substitute or replacement for direct placement and enrollment into transfer-level English and mathematics coursework as described in paragraph (1) of subdivision (c). (j) The following are exceptions to transfer-level placement and enrollment into mathematics and English coursework, as described in subdivision (i): (1) Students who have not graduated from a United States high school or been issued a high school equivalency certificate. (2) Students enrolled in a certificate program without English or mathematics requirements. (3) Students enrolled in a noncredit ESL course who have not graduated from a United States high school or been issued a high school equivalency certificate. (4) Students with documented disabilities in educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, who are otherwise not able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services. (5) Students enrolled in adult education programs who have not graduated from a United States high school or been issued a high school equivalency certificate. (6) Students enrolled in adult education programs who are enrolled in coursework other than mathematics or English. (7) Current high school students in dual enrollment or taking courses not available in their local high school. (8) The community college has provided local research and data pursuant to subdivisions (e) and (f) to verify the benefit of the placement and enrollment into transfer-level coursework that does not satisfy a requirement for the intended certificate or associate degree or a requirement for transfer within the intended major. (9) College-level placement and enrollment in lieu of transfer-level placement and enrollment may occur for: (A) Students in career technical programs seeking a certificate or associate degree with specific requirements, as dictated by the program’s advisory or accrediting body, that cannot be satisfied with transfer-level coursework (B) Specific subgroups of students for whom a community college district or community college has provided local research and data meeting the evidence standards pursuant to subdivisions (e) and (f) that allow for the placement and enrollment of the student subgroup into pretransfer-level mathematics or English coursework. (k) (1) For students who need or desire extra academic support when enrolled in transfer-level mathematics or English coursework, community colleges shall provide access to tutoring, support-enhanced transfer-level mathematics and English courses, concurrent low-unit credit or similar contact hour noncredit corequisite coursework for transfer-level mathematics and English, or other academic supports. (2) A community college may require students to enroll in additional concurrent support, including additional language support for ESL students, during the same term that they take a transfer-level English or mathematics course, if it is determined that the support will increase the student’s likelihood of passing the transfer-level English or mathematics course. (3) Nothing in this subdivision shall be construed as limiting student access to additional concurrent support nor requiring students to enroll into concurrent supports. (l) The Chancellor’s Office of the California Community Colleges may require a community college or community college district to change or adopt a placement policy or practice identified by the chancellor’s office to ensure that a community college or community college district’s placement and enrollment of students into mathematics, English, and ESL is consistent with the requirements of this section. (m) Nothing in this section is meant to add mathematics and English requirements to certificate programs that do not have mathematics or English requirements. (n) For purposes of this section, the following definitions apply: (1) “Assessment” means the process of gathering information about a student regarding the student’s study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment methods may include, but not necessarily be limited to, interviews, standardized tests, attitude surveys, vocational or career aptitude and interest inventories, high school or postsecondary transcripts, specialized certificates or licenses, educational histories, and other measures of performance. (2) “Pretransfer level,” with respect to courses, includes basic skills, remedial, and college-level courses. (3) “Transfer-level written communication” and “transfer-level quantitative reasoning” have the same meaning as transfer-level English and transfer-level mathematics, respectively. (Amended by Stats. 2022, Ch. 926, Sec. 3. (AB 1705) Effective January 1, 2023. Note: See provision in Section 78218 making operation contingent upon funding.)
  7. 78213.1.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    The Chancellor’s Office must publish a student progress dashboard on its website, update it every year, and starting December 1, 2024, notify specified legislative committees of each update.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78213.1. (a) Beginning July 1, 2023, the Chancellor’s Office of the California Community Colleges shall make available on its internet website a dashboard containing multiyear data, beginning from 2015. The dashboard shall be updated annually pursuant to subdivision (b) and shall contain data submitted to the chancellor’s office by community colleges on student progression and completion of transfer-level English, mathematics, and ESL courses, disaggregated by community college and by all the following: (1) Age group. (2) Whether the student received corequisite support. (3) Receipt of disability services and programs for students. (4) Receipt of extended opportunity programs and services. (5) Ethnicity. (6) Foster youth status. (7) Gender. (8) Discipline–relevant high school performance bands. (9) Mathematics, Engineering, Science Achievement (MESA) program students. (10) Puente students. (11) Umoja students. (12) Veteran status. (b) Beginning on December 1, 2024, and annually thereafter, the chancellor’s office shall update the dashboard, as established in subdivision (a), and inform the Assembly Committee on Higher Education, the Assembly Budget Subcommittee on Education Finance, the Senate Committee on Education, and the Senate Budget and Fiscal Review Subcommittee on Education of the update. (Added by Stats. 2022, Ch. 926, Sec. 4. (AB 1705) Effective January 1, 2023. Note: See provision in Section 78218 making operation contingent upon funding.)
  8. 78213.2.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This section creates a grant program for California community colleges and sets rules for how the chancellor’s office must distribute and report on the grants.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78213.2. (a) As used in this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Community college” means a college of the California Community Colleges system or a community college district that maintains the college. (3) “Concurrent supports” includes, but is not limited to, corequisite courses, support-enhanced transfer-level mathematics or English courses, supervised tutoring, embedded tutoring, coteaching courses, tutoring, or any other academic supports offered by a community college. (4) “Equitable placement and completion policies and practices” means the placement and completion policies and practices described in Section 78213. (5) “Program” means the California Community College Equitable Placement and Completion Grant Program established pursuant to this section. (b) (1) The California Community College Equitable Placement and Completion Grant Program is hereby established under the administration of the chancellor’s office. Grants awarded to community colleges pursuant to this section are intended to ensure the implementation of equitable placement and completion policies and practices. (2) The chancellor’s office shall distribute grants to community colleges that satisfy the requirements of this section, and any programmatic criteria and administrative guidelines developed by the chancellor’s office to implement the program. (c) The chancellor’s office shall award grants to community colleges from the funds described in paragraph (2) of subdivision (b) as follows: (1) Thirty-four percent of funds as a base allocation to all community colleges. (2) Thirty-three percent of funds to community colleges with below average enrollment in transfer-level mathematics or English courses. (3) Thirty-three percent of these funds shall be awarded to community colleges with below average success rates of students successfully completing transfer-level mathematics or English courses within one year of their first attempt in the discipline. (d) Before the chancellor’s office may award a grant to a community college, the college shall demonstrate its commitment to implement equitable placement and completion policies and practices by submitting a detailed plan, on or before May 1, 2023, documenting changes in placement practices and curricular structures that the college will implement to reach the goal of full implementation of Sections 78212 and 78213. (e) A community college may use the grant to implement equitable placement and completion policies and practices for limited-term purposes, including, but not limited to, any or any combination of the following: (1) Faculty release time to design, implement, and evaluate corequisite transfer-level mathematics/quantitative reasoning and English courses at scale. (2) Professional development for faculty, including subject pedagogy, classroom climate, and corequisite implementation, including evaluation and iterative improvement of the effectiveness of the professional development. (3) Creation, implementation, and evaluation of concurrent supports or support services to increase throughput rates for transfer-level mathematics/quantitative reasoning and English courses. (4) Faculty release time to redesign, implement, and evaluate certificate and associate degree pathways to ensure mathematics/quantitative reasoning and English courses associated with the pathways are transfer-level courses. (5) Any other services suggested by community colleges and approved by the chancellor’s office for which there is evidence of their likelihood of improving the successful completion of transfer-level mathematics/quantitative reasoning and English courses by students within a one year timeframe of their initial attempt in the discipline. (f) A community college that receives the grant shall use 10 percent of their grant for professional development in inclusive teaching practices and subject pedagogy. All faculty are encouraged to attend the professional development and it is the Legislature’s intent for community colleges to require faculty who teacher remedial mathematics/quantitative reasoning or English to attend the professional development courses offered pursuant to this subdivision. (g) (1) The chancellor’s office shall report to the Director of Finance and the Legislature, pursuant to Section 9795 of the Government Code, as follows: (A) On or before September 1, 2023, a summary of the plans received by the chancellor’s office pursuant to subdivision (d). (B) On or before July 1, 2025, provide an updated summary of each community colleges’ progress in implementing its plan developed pursuant to subdivision (d). (C) On or before July 1, 2027, provide an additional updated summary of each community colleges’ progress in implementing its plan developed pursuant to subdivision (d). (2) Each report submitted pursuant to paragraph (1) may include recommendations on any statutory or regulatory changes necessary to improve the ability of community colleges to implement their locally developed guided pathways programs. (Added by Stats. 2022, Ch. 54, Sec. 28. (AB 183) Effective June 30, 2022.)
  9. 78214.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    Participating districts must establish and maintain institutional research, with the chancellor’s assistance, to evaluate program effectiveness.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78214. (a) All participating districts shall, with the assistance of the chancellor, establish and maintain institutional research to evaluate the effectiveness of the Student Success and Support Program described by this article and of any other programs or services designed to facilitate students’ completion of their educational goals and courses of study. (b) The metrics for this research shall include, but not be limited to: (1) Prior educational experience, including transcripts when appropriate, as determined by the chancellor. (2) Educational goals and courses of study. (3) Criteria for exemption from orientation, assessment, or required counseling or advisement, if applicable. (4) Need for financial assistance. (5) Disaggregated data by ethnicity, gender, disability, age, and socioeconomic status, to the extent this information is available. (6) Academic performance, such as the completion of specified unit thresholds, success in basic skills courses, grade point average, course completion outcomes, transfer readiness, and degree and certificate completion. (7) Any additional information that the chancellor finds appropriate. (c) The evaluation provided for by this section shall include an assessment of the effectiveness of the programs and services in attaining at least the following objectives: (1) Helping students to define their academic and career goals and declare a course of study. (2) Assisting institutions in the assessment of students’ educational needs and valid course placement. (3) Helping support students’ successful course completion and goal attainment. (4) Matching institutional resources with students’ educational needs. (Amended by Stats. 2012, Ch. 624, Sec. 9. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  10. 78215.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    The Board of Governors of the California Community Colleges must set policies and processes for student orientation, assessment, education plans, exemptions, and a student appeal process.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78215. (a) The Board of Governors of the California Community Colleges, in consultation with students, faculty, student service administrators, and other key stakeholders, shall establish policies and processes for all of the following: (1) Requiring all nonexempt students to complete orientation and assessment and to develop education plans. (2) Exempting students from participation in orientation, assessment, or required education planning services under this article. (3) Requiring community college districts to adopt a student appeal process. (b) To ensure that students are not unfairly impacted by the requirements of this chapter, these policies and processes shall be phased in over a reasonable period of time as determined by the board of governors in consideration of the resources available to provide the core services identified in Section 78212. (c) It is the intent of the Legislature that these policies and processes be developed and implemented only as resources are provided and utilized by community college campuses to provide the student support services, individual counseling and advising, and technology-based strategies necessary to ensure that students can successfully meet the requirements of this section. (Amended by Stats. 2012, Ch. 624, Sec. 10. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  11. 78216.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    The board of governors must create a funding formula for the Student Success and Support Program and require participating colleges to prepare program plans.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78216. (a) The Legislature recognizes that community college districts are currently funding various components of student matriculation through existing orientation, counseling and advising, education planning, assessment, and other student services, but that adequate student matriculation and implementation of the Student Success and Support Program strategies cannot be realized without supplemental funding support. (b) The board of governors shall develop a formula for allocating the funding for the Student Success and Support Program to implement the services identified in Section 78212 at community colleges. The formula shall include the requirement that the districts or colleges contribute matching funds in an amount to be established by the board of governors in each case, and shall reflect, but not be necessarily limited to, other considerations as follows: (1) The number of students to receive services at each college. (2) The number of students who received orientation, assessment, counseling and advising, and other education planning services. (3) The requirement that funds for the Student Success and Support Program services be expended only for services approved by the board of governors. (4) The requirement that any district or college receiving funding pursuant to this section agree to implement this article, implement the board of governors’ system of common assessment, if using an assessment instrument for placement, and implement the board of governors’ accountability scorecard, pursuant to Section 84754.5, when established during the period in which it receives that funding. (5) Insofar as a community college district is able to fully implement in-person or technology strategies for orientation, assessment, and education planning services, the board of governors may identify other noninstructional support services that can be funded through this article. (c) The board of governors shall require participating colleges to develop a Student Success and Support Program plan that reflects all of the following: (1) A description of the Student Success and Support Program services identified in Section 78212 to be provided. (2) A description of the college’s process to identify students at risk for academic or progress probation and the college’s plan for interventions or services to students. (3) The college budget for the state-funded Student Success and Support Program services pursuant to Sections 78212 and 78214. (4) The development and training of staff and faculty to implement the Student Success and Support Program services. (5) In multicampus districts, the coordination of the college Student Success and Support Program plan with other college plans within the district. (6) Technology services and institutional research and evaluation necessary for implementation of this article. (7) Coordination with college student equity plans to ensure that the college has identified strategies to monitor and address equity issues and mitigate any disproportionate impacts on student access and achievement. (8) The extent to which the community college is able to develop partnerships with feeder high school districts, workforce agencies, and other community partners to assist entering students in career and educational exploration and planning and leverage resources to support a successful transition to college and career. (d) The board of governors may allocate up to 5 percent of the total funds appropriated for the Student Success and Support Program for state administrative operations to carry out the intent of this article, subject to the review of the annual budget process. (Amended by Stats. 2012, Ch. 624, Sec. 11. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.)
  12. 78218.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    This article applies only in fiscal years when funds are specifically appropriated for 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78218. In the 2012–13 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of this article. (Amended by Stats. 2012, Ch. 624, Sec. 12. (SB 1456) Effective January 1, 2013. Note: Operational conditions apply to Article 1, commencing with Section 78210.)
  13. 78219.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. )

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    The Board of Governors must establish a common assessment system for community college placement and advisement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Student Matriculation [78210 - 78219] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1993, Ch. 8, Sec. 35. ) ## 78219. (a) The Board of Governors of the California Community Colleges shall establish a common assessment system to be used as one of multiple measures, consistent with existing regulations, for the purposes of community college placement and advisement. The system shall include all of the following objectives: (1) Selection of an existing commercially available and centrally delivered system of student assessment that provides a single common assessment instrument for use by community colleges in the curriculum areas of English, mathematics, and English as a second language. (2) Creation of a secure, centrally housed assessment test data warehouse that shall collect all of the following: (A) All available assessment scores generated by assessed students at all community colleges. (B) All available K–12 assessment data for students at all community colleges. The use of this data shall be limited to placing and advising community college students to enhance their success with and completion of their postsecondary education objectives. (C) Other data or student transcript information that is used for the purpose of student placement. (3) Creation of an Internet Web portal that can be accessed by community college personnel and students and that provides all of the following: (A) An assessment profile, generated for each student upon request, that includes all assessment information available in the data warehouse created pursuant to paragraph (2). This profile shall be accessible for counseling, matriculation, and course placement purposes. (B) A pretest application that emulates the structure of the student assessment created pursuant to paragraph (1) that students can practice on and familiarize themselves with before taking future assessments. (C) An advisement tool that provides students with information about the importance of taking the common assessment to be placed in college-level courses in English, mathematics, or English as a second language and the historical success rates of students who place in various levels of remedial coursework. (b) In developing the common assessment, the Office of the Chancellor of the California Community Colleges shall work in collaboration with the State Department of Education and the California State University when developing a common college-readiness standard that will be reflected in the creation of assessment instruments. (c) The Office of the Chancellor of the California Community Colleges shall submit a report to the Legislature and the Governor on the progress of the implementation of the common assessment system by December 31, 2012. (d) The provisions of this section shall be operative upon the receipt of state, federal, or philanthropic funds sufficient to cover the costs of the common assessment system. (Added by Stats. 2011, Ch. 615, Sec. 1. (AB 743) Effective January 1, 2012. Section conditionally operative, by its own provisions.)
  14. 78220.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. )

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    Community college district governing boards must maintain a student equity plan, and the Chancellor’s office must make collected student data available for equity 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. ) ## 78220. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district: (1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221: (A) Current or former foster youth. (B) Students with disabilities. (C) Low-income students. (D) Veterans. (E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes: (i) American Indian or Alaska Native. (ii) Asian. (iii) Black or African American. (iv) Hispanic or Latino. (v) Native Hawaiian or other Pacific Islander. (vi) White. (vii) Some other race. (viii) More than one race. (F) Homeless students. (G) Lesbian, gay, bisexual, or transgender students. (H) Additional categories of students determined by the governing board of the community college district. (2) To the extent that student data described in paragraph (1) has been collected, the office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact. (3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals. (4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students’ pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs: (A) Students with disabilities. (B) Extended Opportunity Programs and Services and Special Services. (C) Fund for Student Success. (D) Student Success and Support Program. (E) Programs for foster youth. (F) Programs for veterans. (G) Special Services for CalWORKs Recipients. (H) Student Financial Aid Administration. (I) Student Success for Basic Skills Students. (5) Sources of funds for the activities in the plan. (6) A schedule and process for evaluation. (7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 2016–17 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals. (8) A description of the active involvement of all groups on campus, including, but not limited to, those identified in subdivision (b), in developing the student equity plan. (b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community. (c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate. (d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c). (e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for the provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the student’s ability to persist in the student’s course of study. These challenges include, but are not limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students. (2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institution’s plan for interventions to students. (3) For purposes of this subdivision, the following terms are defined as follows: (A) “Eligible student” means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the student’s course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements. (B) “Emergency student financial assistance” means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the student’s course of study. (Amended by Stats. 2024, Ch. 715, Sec. 1. (AB 2403) Effective January 1, 2025.)
  15. 78221.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. )

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    The Chancellor of the California Community Colleges must allocate student equity funds and oversee district compliance, criteria, methodology, guidance, 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. ) ## 78221. The Chancellor of the California Community Colleges shall allocate funds provided for purposes of successfully implementing the activities and goals specified in the student equity plans adopted pursuant to Section 78220, consistent with all of the following: (a) The chancellor shall ensure a community college district has submitted a student equity plan that is consistent with Section 78220. For purposes of allocating funding appropriated in the 2014–15 Budget Act, a community college district that has not submitted a student equity plan shall provide the chancellor with an outline for the community college district’s completion of the student equity plan on or before January 1, 2015. (b) The chancellor shall ensure that community college districts that serve greater populations of students who are high-need students or disadvantaged students receive greater resources to provide services to students, consistent with the goals and activities specified in their student equity plans. (c) The chancellor shall establish criteria for calculating the number of high-need and disadvantaged students in a community college district. For purposes of this article, “high-need students” mean students who have an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during those students’ matriculation at the institution, that would qualify those students to receive federal Pell Grants and students from ZIP Codes in the bottom two quintiles of college attainment. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that student. For purposes of this article, the determination of who are “disadvantaged” students shall take into account the college participation rate of the college-aged population of, and the socioeconomic status of, a community college district population. (d) The chancellor shall establish a standard methodology, including guidelines, for measurement of student equity and disproportionate impact for disaggregated subgroups of the student population of the California Community Colleges. The chancellor shall establish the methodology for use in the student equity plans of community college districts. (e) (1) The chancellor shall, consistent with the goal of eliminating any achievement disparities that are identified pursuant to the requirements of Section 78220, provide guidance to community college districts regarding expenditures and activities to ensure that funding is used to support evidence-based practices to implement student equity plan goals and coordinate services for the targeted student populations through evidence-based practices. (2) (A) On or before March 15, 2016, and, except as provided in subparagraph (B), March 15 annually thereafter, the chancellor shall submit a report to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature, on the expenditure of funds for purposes of this article during the previous fiscal year. (B) Beginning in the 2025–26 fiscal year, the chancellor may submit the report described in subparagraph (A) annually, on or before March 1, to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature. (Amended by Stats. 2024, Ch. 998, Sec. 23. (AB 176) Effective September 30, 2024.)
  16. 78221.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. )

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    Community colleges must provide and publicly report student placement information as a condition of receiving funding under the Student Equity and Achievement 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. ) ## 78221.5. As a condition for receiving funding pursuant to the Student Equity and Achievement Program established by Section 78222, a community college shall do all of the following: (a) (1) Inform students of their rights to access transfer-level coursework and academic credit English as a second language (ESL) coursework, and of the multiple measures placement policies developed by the community college, as provided in Section 78213. (2) The information described in paragraph (1) shall be communicated in language that is easily understandable, and shall be prominently featured in the community college catalog, orientation materials, information relating to student assessment on the community college’s Internet Web site, and any written communication by a college counselor to a student about the student’s course placement options. (b) Annually report both of the following to the chancellor’s office in a manner and form prescribed by the chancellor’s office, consistent with the requirements of Section 78213: (1) The community college’s placement policies. (2) (A) The community college’s placement results. A community college shall include the number of students assessed and the number of students placed into transfer-level coursework, transfer-level coursework with concurrent support, or transfer-level or credit ESL coursework, disaggregated by race and ethnicity. (B) For students placed in stand-alone English or mathematics pretransfer-level coursework, a community college district or college shall provide, based on local placement research, an explanation of how effective practices align with the regulations adopted pursuant to Section 78213. (c) Publicly post its placement results, including the number of students assessed and the number of students placed into transfer-level coursework, transfer-level coursework with concurrent support, or transfer-level or credit ESL coursework, disaggregated by race and ethnicity. (d) Satisfy the requirements of this section by the implementation date, established by regulation pursuant to subdivision (d) of Section 78213, for purposes of compliance with the requirements of Section 78213. (e) It is the intent of the Legislature that the chancellor’s office shall make data collected pursuant to subdivision (b) publicly available, except for personally identifiable information, which shall be deemed confidential, by posting the data on the Internet Web site of the chancellor’s office or making it publicly available upon request. (Added by Stats. 2018, Ch. 531, Sec. 1. (AB 1805) Effective January 1, 2019.)
  17. 78222.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. )

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    This section establishes the Student Equity and Achievement Program and requires districts receiving funds to keep a student equity plan, provide student support services and education plans, and file annual reports.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Student Equity Plans [78220 - 78222] ( Article 1.5 added by Stats. 2014, Ch. 34, Sec. 6. ) ## 78222. (a) (1) The Student Equity and Achievement Program is hereby established. (2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following: (A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program. (B) Ensuring students complete their educational goals and a defined course of study. (C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner. (b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following: (1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances. (2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the student’s educational goal and course of study and in developing an education plan. The office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph. (3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213. (4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph. (5) Provide support to, or establish, on-campus food pantries or regular food distributions. (6) Provide a report to the chancellor’s office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a). (c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 2017–18 fiscal year. (2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 2017–18 fiscal year. (3) The board of governors may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section. (4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221. (5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section. (B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 2017–18 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program. (6) (A) By April 1 of each year, except as provided in subparagraph (B), the chancellor’s office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). (B) Beginning in the 2025–26 fiscal year, the chancellor’s office shall submit the report described in subparagraph (A) annually, on or before March 1, to the Legislature and Department of Finance. (C) A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program. (2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. (Amended by Stats. 2024, Ch. 998, Sec. 24. (AB 176) Effective September 30, 2024.)
  18. 78223.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Athletic Programs [78223- 78223.] ( Article 2 added by Stats. 1981, Ch. 470, Sec. 160. )

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    A community college district governing board may enforce rules on eligibility for and participation in intercollegiate athletics.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Athletic Programs [78223- 78223.] ( Article 2 added by Stats. 1981, Ch. 470, Sec. 160. ) ## 78223. The governing board of a community college district may enforce rules and regulations relating to eligibility for and participation in intercollegiate athletics. The rules and regulations may include, but are not limited to, those adopted by a voluntary association, one of whose purposes is to govern intercollegiate athletics among schools and colleges. (Added by Stats. 1981, Ch. 470, Sec. 160.)
  19. 78249.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Work-Experience Education [78249- 78249.] ( Heading of Article 3 renumbered from Article 4 by Stats. 1981, Ch. 714, Sec. 109. )

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    This section treats certain community college districts, or sometimes the students’ district of residence, as the employer for workers’ compensation purposes in work-experience and community occupational training programs, with 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Work-Experience Education [78249- 78249.] ( Heading of Article 3 renumbered from Article 4 by Stats. 1981, Ch. 714, Sec. 109. ) ## 78249. (a) Notwithstanding any provisions of this code or the Labor Code to the contrary, the community college district under whose supervision work-experience education, or occupational training classes held in the community, as defined by regulations adopted by the board of governors, are provided shall be considered the employer under Division 4 (commencing with Section 3200) of the Labor Code of persons receiving the training unless the persons during the training are being paid a cash wage or salary by a private employer, or unless the person or firm under whom those persons are receiving work experience or occupational training elects to provide workers’ compensation insurance. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice’s employer and not subject to this section, unless the apprentice is unemployed. Whenever the work-experience education, or occupational training classes held in the community, are under the supervision of a regional occupational center or program operated by two or more community college districts pursuant to Section 52301, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section. (b) Sections 1292, 1293, and 1294 of the Labor Code shall not apply to work-experience education programs established pursuant to this article if the work-experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (Amended by Stats. 1990, Ch. 1372, Sec. 477.)
  20. 78260.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.51. Nursing Faculty [78260- 78260.] ( Article 3.51 added by Stats. 2006, Ch. 837, Sec. 18. )

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    This section creates a nursing faculty grant program and sets conditions for districts that receive 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.51. Nursing Faculty [78260- 78260.] ( Article 3.51 added by Stats. 2006, Ch. 837, Sec. 18. ) ## 78260. (a) (1) In order to further the state’s interests in a major expansion in the number of educated nurses in California, the Legislature finds that it is necessary to ensure a significant expansion in the number of qualified nursing faculty at California Community Colleges. Therefore, the Legislature hereby creates the California Community Colleges Nursing Faculty Recruitment and Retention Program in the Chancellor’s Office of the California Community Colleges for purposes of facilitating the recruitment and retention of qualified nursing faculty. The Chancellor of the California Community Colleges shall allocate funds on a competitive grant basis to community college districts that commit to sustained increases in the number of full-time equivalent students taught in the district’s nursing programs, as specified by the chancellor, and that also commit to the terms and conditions specified in this section. (2) It is the intent of the Legislature that the grants awarded under this article should be one-time grants and that the total amount of the funding for this article in any fiscal year should be limited to the amount appropriated for that purpose in the annual Budget Act. The Legislature finds and declares that the initial funding for this article is the appropriation contained in paragraph (30) of subdivision (a) of Section 43 of Chapter 79 of the Statutes of 2006. (b) (1) (A) The grant amount to each participating district shall be based on the number of full-time faculty at the district who are in their first through fifth year of service as an instructor in a California Community College registered nursing program in the fiscal year for which funds are disbursed. Notwithstanding any other provision of law, a community college district that receives an allocation for the making of grants under this article shall have up to five years to disburse these funds. (B) Except as provided in paragraph (3), the amount granted to any person under this article shall not exceed a total of twenty thousand dollars ($20,000) disbursed over a five-year period with a maximum of six thousand dollars ($6,000) in any one year. (2) Disbursements under this section shall be based on the following schedule: (A) Six thousand dollars ($6,000) for each instructor in his or her first year. (B) Five thousand dollars ($5,000) for each instructor in his or her second year. (C) Four thousand dollars ($4,000) for each instructor in his or her third year. (D) Three thousand dollars ($3,000) for each instructor in his or her fourth year. (E) Two thousand dollars ($2,000) for each instructor in his or her fifth year. (3) Notwithstanding the amounts listed in paragraph (2), the amount granted to a person under this article may be supplemented, in any year of the five-year cycle of disbursements under paragraph (2), by up to one thousand dollars ($1,000) in local matching funds, plus an equal amount of funds disbursed pursuant to this program. (4) A person who receives a grant under this article shall not be eligible for participation in the State Nursing Assumption Program of Loans for Education Chapter 3 (commencing with Section 70100) of Part 42. (c) Each district is authorized, through its shared governance and collective bargaining relationships, to allocate actual payments to faculty in their first through fifth years of service as a nursing instructor on a different basis if the district finds that its ability to recruit and retain nursing faculty is thereby enhanced. (d) Each district may use a portion of the grant proceeds to offer incentives to either full-time or part-time nursing instructors for the purpose of instruction in clinical settings during weekends and evenings. This subdivision shall not construed to be limited to faculty in their first through fifth years of service as nursing instructors. (e) As a condition of receiving grant funds under this article, each district agrees to provide the chancellor with all data requested by the chancellor on the expenditure of funds and program outcomes. (f) The chancellor shall report annually by March 1 to the Legislature and the Governor on program expenditures and outcomes by participating district and college. (Added by Stats. 2006, Ch. 837, Sec. 18. Effective January 1, 2007.)
  21. 78261.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. )

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    This section creates a nursing grant program for California community colleges and sets conditions for receiving and using the 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. ) ## 78261. (a) The Legislature finds and declares both of the following: (1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs. (2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels. (b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions: (1) The nursing program has low or moderate program attrition levels. (2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students. (c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 2006–07 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 2006–07 fiscal year. (2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, “program development” includes, but is not limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and master’s entry programs in nursing (MEPN) courses of study. (d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for purposes of expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following: (1) Have a program attrition rate, as determined by the Board of Registered Nursing’s Annual School Report or the Information Program Data System of the chancellor’s office, of 15 percent or less for the year before application for funding. (2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article. (e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellor’s office shall do all of the following: (1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs. (2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool. (3) Define the kinds of educational and support services that qualify for funding under this program. (f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at a minimum, do all of the following: (1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs. (2) Offer, or identify, educational preentry coursework, including, but not limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools. (3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools. (4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program. (5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process. (g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient community college district shall report to the chancellor’s office the following data for the academic year on or before a date determined by the chancellor’s office: (1) The number of students enrolled in the nursing program. (2) The number of students taking diagnostic assessments. (3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools. (4) The number of students failing to meet proficiency levels that undertake preentry preparation classes. (5) The number of students who successfully complete preentry preparation coursework. (6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment. (7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment. (8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX). (h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home. (2) The chancellor’s office shall compile and provide this information to the Legislature and the Governor by July 1 of each year, except as provided in paragraph (3). (3) Beginning in the 2025–26 fiscal year, the chancellor’s office shall submit the report described in paragraph (2) biennially, on or before March 1, to the Legislature and the Governor, and may submit this report with the report required by subdivision (a) of Section 88826.5. (i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 2009–10 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 2010–11 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. (Amended by Stats. 2024, Ch. 998, Sec. 25. (AB 176) Effective September 30, 2024.)
  22. 78261.3.

    ## 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. )

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    Community college districts may use approved nursing-program diagnostic tools, and if applications exceed capacity, nursing programs may add multicriteria screening. Districts may not exclude applicants for nonresidency or out-of-district prerequisite courses, and may not use policies that effectively exclude nonresidents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. ) ## 78261.3. Notwithstanding any other provision of law: (a) Any community college district, irrespective of whether it participates in the program established by this article, may use any diagnostic assessment tool that is commonly used in registered nursing programs and is approved by the chancellor. (b) If, after using an approved diagnostic assessment tool, a community college registered nursing program determines that the number of applicants to that program exceeds its capacity, the program is authorized to use additional multicriteria screening measures. This subdivision does not prohibit or prevent a community college registered nursing program from using an approved diagnostic assessment tool before or during a multicriteria screening process. (c) A community college district may not do either of the following: (1) Exclude an applicant to a registered nursing program on the basis that the applicant is not a resident of that district or has not completed prerequisite courses in that district. (2) Implement policies, procedures, and systems, including, but not limited to, priority registration systems, that have the effect of excluding an applicant or student who is not a resident of that district from a registered nursing program of that district. (Amended by Stats. 2008, Ch. 175, Sec. 2. Effective January 1, 2009.)
  23. 78261.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. )

    Verify source ↗

    Community college registered nursing programs may use limited admissions methods when applications exceed capacity, and programs using multicriteria screening must follow listed criteria and report admissions policies to the chancellor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.52. Nursing Students [78261 - 78261.5] ( Article 3.52 added by Stats. 2006, Ch. 837, Sec. 19. ) ## 78261.5. (a) A community college registered nursing program that determines that the number of applicants to that program exceeds its capacity may admit students in accordance with any of the following procedures: (1) Administration of a multicriteria screening process, as authorized by Section 78261.3, in a manner that is consistent with the standards set forth in subdivision (b). (2) A random selection process. (3) A blended combination of random selection and a multicriteria screening process. (b) A community college registered nursing program that elects, on or after January 1, 2008, to use a multicriteria screening process to evaluate applicants pursuant to this article shall apply those measures in accordance with all of the following: (1) The criteria applied in a multicriteria screening process under this article shall include, but shall not be limited to, all of the following: (A) Academic degrees or diplomas, or relevant certificates, held by an applicant. (B) Grade-point average in relevant coursework. (C) Any relevant work or volunteer experience. (D) Life experiences or special circumstances of an applicant, including, but not limited to, the following experiences or circumstances: (i) Disabilities. (ii) Low family income. (iii) First generation of family to attend college. (iv) Need to work. (v) Disadvantaged social or educational environment. (vi) Difficult personal and family situations or circumstances. (vii) Refugee or veteran status. (viii) Living in a medically underserved area or population, as designated by the federal Health Resources and Services Administration. (E) Proficiency or advanced level coursework in languages other than English. Credit for languages other than English shall be received for languages that are identified by the chancellor as high-frequency languages, as based on census data. These languages may include, but are not limited to, any of the following: (i) American Sign Language. (ii) Arabic. (iii) Chinese, including its various dialects. (iv) Farsi. (v) Russian. (vi) Spanish. (vii) Tagalog. (viii) The various languages of the Indian subcontinent and Southeast Asia. (ix) The various languages of the African continent. (2) Additional criteria, such as a personal interview, a personal statement, letter of recommendation, or the number of repetitions of prerequisite classes, or other criteria, as approved by the chancellor, may be used, but are not required. (3) A community college registered nursing program using a multicriteria screening process under this article may use an approved diagnostic assessment tool, in accordance with Section 78261.3, before, during, or after the multicriteria screening process. (4) As used in this section: (A) “Disabilities” has the same meaning as used in Section 2626 of the Unemployment Insurance Code. (B) “Disadvantaged social or educational environment” includes, but is not limited to, the status of a student who has participated in Extended Opportunity Programs and Services (EOPS). (C) “Grade-point average” refers to the same fixed set of required prerequisite courses that all applicants to the nursing program administering the multicriteria screening process are required to complete. (D) “Low family income” shall be measured by a community college registered nursing program in terms of a student’s eligibility for, or receipt of, financial aid under a program that may include, but is not limited to, a fee waiver from the board of governors under Section 76300, the Cal Grant Program under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, the federal Pell Grant program, or CalWORKs. (E) “Need to work” means that the student is working at least part time while completing academic work that is a prerequisite for admission to the nursing program. (5) A community college registered nursing program that uses a multicriteria screening process pursuant to this article shall report its nursing program admissions policies to the chancellor annually, in writing. The admissions policies reported under this paragraph shall include the weight given to any criteria used by the program, and shall include demographic information relating to the persons admitted to the program and the persons of that group who successfully completed that program. (c) The chancellor is encouraged to develop, and make available to community college registered nursing programs by July 1, 2008, a model admissions process based on this section. (d) (1) The chancellor shall submit a report on or before March 1, 2015, and on or before each March 1 thereafter, to the Legislature and the Governor that examines and includes, but is not necessarily limited to, both of the following: (A) The participation, retention, and completion rates in community college registered nursing programs of students admitted through a multicriteria screening process, as described in this section, disaggregated by the age, gender, ethnicity, and the language spoken at the home of those students. (B) Information on the annual impact, if any, the Seymour-Campbell Student Success Act of 2012 had on the matriculation services for students admitted through the multicriteria screening process, as described in this section. (2) The chancellor shall submit the annual report required in paragraph (1) in conjunction with its annual report on associate degree nursing programs required by subdivision (h) of Section 78261. (e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2024, Ch. 786, Sec. 1. (SB 1183) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
  24. 78262.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.53. Nursing Resource Centers [78262- 78262.] ( Article 3.53 added by Stats. 2006, Ch. 837, Sec. 20. )

    Verify source ↗

    The Chancellor’s Office must fund regional nursing resource centers and startup grants, and grant applicants must meet specified application 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.53. Nursing Resource Centers [78262- 78262.] ( Article 3.53 added by Stats. 2006, Ch. 837, Sec. 20. ) ## 78262. (a) The Chancellor’s Office of the California Community Colleges shall fund the development of regional nursing resource centers that bring together school, hospital, and faculty needs and availability in a regionalized, online format to help schools match their student clinical needs to available openings, assist hospitals to manage their clinical rotation schedules, and facilitate the filling of vacant nursing faculty positions. (b) The chancellor’s office shall fund regional nursing resource center startup grants to develop clinical placement and clinical faculty resource systems. Each startup grant shall last for no more than 30 months. An applicant for a grant under this article shall do all of the following: (1) Select an entity for managing the grant. (2) Ensure the participation of at least 75 percent of the nursing programs and hospitals in the coverage area. (3) Provide matching funds on a 1:1 basis. (4) Demonstrate the sustainability of the system after the grant terminates. (c) The chancellor’s office shall be responsible for developing a request for funding application from hospital and school regional partnerships seeking grant funds and providing technical assistance to communities for the purpose of developing proposals. (Added by Stats. 2006, Ch. 837, Sec. 20. Effective January 1, 2007.)
  25. 78263.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. )

    Verify source ↗

    This section defines “allied health program” for 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. ) ## 78263. As used in this article, “allied health program” means a community college program that offers certificates or degrees related to allied health professionals, as defined in Section 295p of Title 42 of the United States Code. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.)
  26. 78263.1.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. )

    Verify source ↗

    Community college allied health programs that use multicriteria screening must use the required criteria, and they must report admissions policies to the chancellor annually in writing. The chancellor must also submit an annual report to the Legislature and Governor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. ) ## 78263.1. (a) A community college allied health program that determines that the number of applicants to that program exceeds its capacity may admit students in accordance with any of the following procedures: (1) Administration of a multicriteria screening process, if authorized by Section 78263.2, in a manner that is consistent with the standards set forth in subdivision (b). (2) A random selection process. (3) A blended combination of random selection and a multicriteria screening process. (b) A community college allied health program that elects to use a multicriteria screening process, including a blended combination of random selection and a multicriteria screening process, to evaluate applicants pursuant to this article shall apply those measures in accordance with all of the following: (1) The criteria applied in a multicriteria screening process under this article shall include, but not be limited to, all of the following criteria: (A) Academic degrees or diplomas, or relevant certificates, held by an applicant. (B) Grade point average in relevant coursework. (C) Any relevant work or volunteer experience. (D) Life experiences or special circumstances of an applicant, including, but not limited to, any, or any combination of, the following experiences or circumstances: (i) Disabilities. (ii) Low family income. (iii) First generation of family to attend college. (iv) Need to work. (v) Disadvantaged social or educational environment. (vi) Difficult personal and family situations or circumstances. (vii) Refugee or veteran status. (viii) Living in a medically underserved area or population, as designated by the federal Health Resources and Services Administration. (E) Proficiency or advanced level coursework in languages other than English. Credit for languages other than English shall be received for languages that are identified by the chancellor as high-frequency languages, as based on census data. These languages may include, but are not limited to, any of the following languages: (i) American Sign Language. (ii) Arabic. (iii) Chinese, including its various dialects. (iv) Farsi. (v) Russian. (vi) Spanish. (vii) Tagalog. (viii) The various languages of the Indian subcontinent and Southeast Asia. (ix) The various languages of the African continent. (2) Additional criteria, such as a personal interview, a personal statement, letter of recommendation, or the number of repetitions of prerequisite classes, or other criteria, as approved by the chancellor, may be used, but are not required. (3) A community college allied health program using a multicriteria screening process under this article may use an approved diagnostic assessment tool, in accordance with Section 78263.2, before, during, or after the multicriteria screening process. (c) A community college allied health program that uses a multicriteria screening process pursuant to this article shall report its allied health program admissions policies to the chancellor annually, in writing. The admissions policies reported under this subdivision shall include the weight given to any criteria used by the program, and shall include demographic information relating to both the persons admitted to the program and the persons of that group who successfully completed that program. (d) The chancellor is encouraged to develop and make available to community college allied health programs by July 1, 2025, a model admissions process based on this section. (e) (1) The chancellor shall submit a report on or before March 1, 2026, and each March 1 thereafter, to the Legislature and the Governor that examines and includes, but is not limited to, both of the following: (A) The participation, retention, and completion rates in community college allied health programs of students admitted through a multicriteria screening process, as described in this section, disaggregated by the age, gender, ethnicity, and language spoken at the home of those students. (B) Information on the annual impact, if any, the Seymour-Campbell Student Success Act of 2012, established pursuant to Article 1 (commencing with Section 78210), had on the matriculation services for students admitted through the multicriteria screening process, as described in this section. (2) The chancellor may incorporate the annual report required in paragraph (1) into the annual report required by subdivision (d) of Section 78261.5. (3) The chancellor shall submit the annual report required in paragraph (1) in conjunction with its annual report required by subdivision (h) of Section 78261. (f) For purposes of this section, the following definitions apply: (1) “Disabilities” has the same meaning as used in Section 2626 of the Unemployment Insurance Code. (2) “Disadvantaged social or educational environment” includes, but is not necessarily limited to, the status of a student who has participated in Extended Opportunity Programs and Services. (3) “Grade point average” refers to the same fixed set of required prerequisite courses that all applicants to the allied health program administering the multicriteria screening process are required to complete. (4) “Low family income” shall be measured by a community college allied health program in terms of a student’s eligibility for, or receipt of, financial aid under a program that may include, but is not necessarily limited to, a fee waiver from the board of governors under Section 76300, the Cal Grant Program under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, the federal Pell Grant program, or CalWORKs. (5) “Need to work” means that the student is working at least part time while completing academic work that is a prerequisite for admission to the allied health program. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.)
  27. 78263.2.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. )

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    A community college district may use an approved diagnostic assessment tool, and an allied health program may add multicriteria screening if applicants exceed capacity, but districts may not exclude applicants or use systems that effectively exclude nonresidents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. ) ## 78263.2. Notwithstanding any other law: (a) A community college district may use any diagnostic assessment tool that is commonly used in allied health programs and is approved by the chancellor. (b) If, after using an approved diagnostic assessment tool, a community college allied health program determines that the number of applicants to that program exceeds its capacity, the program may use additional multicriteria screening measures. This subdivision does not prohibit or prevent a community college allied health program from using an approved diagnostic assessment tool before or during a multicriteria screening process. (c) A community college district shall not do either of the following: (1) Exclude an applicant to an allied health program on the basis that the applicant is not a resident of that district or has not completed prerequisite courses in that district. (2) Implement policies, procedures, and systems, including, but not limited to, priority registration systems, that have the effect of excluding an applicant or student who is not a resident of that district from an allied health program of that district. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.)
  28. 78263.3.

    ## 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. )

    Verify source ↗

    This article stays in effect until January 1, 2030, and is repealed on that date.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] ( Article 3.54 added by Stats. 2024, Ch. 362, Sec. 1. ) ## 78263.3. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Repeal affects Article 3.54, commencing with Section 78263.)
  29. 78271.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Aviation [78271- 78271.] ( Heading of Article 4 renumbered from Article 5 by Stats. 1981, Ch. 714, Sec. 110. )

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    The State Department of Transportation may provide a basic insurance program to eligible community colleges, and those districts may join and pay a pro rata share.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Aviation [78271- 78271.] ( Heading of Article 4 renumbered from Article 5 by Stats. 1981, Ch. 714, Sec. 110. ) ## 78271. The State Department of Transportation is authorized to make available to community colleges offering actual flight experience as part of the regular curriculum a basic insurance program and to ensure that adequate supervision and precautionary measures are taken by the flight school operators contracted to provide services for community college students. The governing board of any community college district offering actual flight experience as part of the regular curriculum may participate in the basic insurance program provided by the department, and pay from the funds of the district a pro rata share of the cost of the insurance program. (Amended by Stats. 2005, Ch. 654, Sec. 20. Effective October 7, 2005.)
  30. 78275.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Teacher Preparation Programs [78275- 78275.] ( Article 4.5 added by Stats. 2001, Ch. 714, Sec. 1. )

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    The section states legislative findings about a teacher shortage and the need to expand teacher preparation in California community colleges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Teacher Preparation Programs [78275- 78275.] ( Article 4.5 added by Stats. 2001, Ch. 714, Sec. 1. ) ## 78275. (a) The Legislature finds and declares all of the following: (1) There is a significant teacher shortage in California and the nation. (2) The teacher shortage is exacerbated by the lack of minority teacher candidates. (3) In California, it is estimated that there will be a shortfall of between 260,000 and 300,000 teachers during the first decade of the 21st century. Nationwide, the teacher shortfall is estimated to be between 2,000,000 and 2,200,000 during that same timeframe. (b) It is, therefore, the intent of the Legislature to create a larger pool of potential teachers in California by establishing a teacher preparation curriculum in the California Community Colleges, expanding financial incentives for community college students who wish to become teachers, and guaranteeing the transfer of students who successfully complete the community college teacher preparation curriculum to appropriate status in teacher preparation programs of the California State University. (Added by Stats. 2001, Ch. 714, Sec. 1. Effective January 1, 2002.)
  31. 78300.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Community Service Classes [78300- 78300.] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may establish and run community service classes without board of governors approval, but may not use General Fund money for them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Courses of Study [78210 - 78300] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Community Service Classes [78300- 78300.] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 78300. (a) The governing board of a community college district may, without the approval of the board of governors, establish and maintain community service classes in civic, vocational, literacy, health, family and consumer sciences, technical, and general education, including, but not limited to, classes in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics. These classes shall be designed to provide instruction and to contribute to the physical, mental, moral, economic, or civic development of the individuals or groups enrolled in them. (b) Community service classes shall be open for the admission of adults and of those minors who, in the judgment of the governing board, may profit from them. (c) Governing boards shall not expend General Fund moneys to establish and maintain community service classes. Governing boards may charge students enrolled in community service classes a fee not to exceed the cost of maintaining community service classes, or may provide instruction in community service classes for remuneration by contract, or with contributions or donations of individuals or groups. The board of governors shall adopt guidelines defining the acceptable reimbursable costs for which a fee may be charged, and shall collect data and maintain uniform accounting procedures to ensure that General Fund moneys are not used for community service classes. (Amended by Stats. 2020, Ch. 370, Sec. 99. (SB 1371) Effective January 1, 2021.)
  32. 78401.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Adult Schools [78401 - 78402] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78401 - 78402] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college district boards may open and run adult classes with board of governors approval, and several agencies must set standards and manage adult school student identifiers.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Adult Schools [78401 - 78402] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78401 - 78402] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78401. (a) The governing board of a community college district may, with the approval of the board of governors, establish and maintain classes for adults for the purpose of providing instruction in civic, vocational, literacy, health, family and consumer sciences, technical, and general education. (b) Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law. (c) Classes for adults shall be open for the admission of adults and of any minors who, in the judgment of the governing board, may be qualified for admission to them. (d) The board of governors shall establish standards, including standards of attendance, curriculum, administration, and guidance and counseling service for classes for adults as a basis for the several apportionments of state funds provided for the support of these classes. (e) The governing board of a community college district maintaining an adult school shall prescribe the requirements for the granting of diplomas. (f) Commencing with the 2019–20 fiscal year, the Chancellor’s Office of the California Community Colleges and the State Department of Education shall coordinate so that students enrolled in classes established pursuant to subdivision (a) shall be assigned a statewide student identifier consistent with the identifiers assigned to pupils in K–12 education programs, if the student is not already identified by a social security number in a community college district’s data system. For a student who formerly attended a California public school in kindergarten or any of grades 1 to 12, inclusive, or participated in another adult education program, the same statewide student identifier utilized for that student in the past programs shall be assigned. The chancellor’s office shall collect and maintain the identifiers of adult school students in the Adult Education Program data system. (Amended by Stats. 2020, Ch. 370, Sec. 100. (SB 1371) Effective January 1, 2021.)
  33. 78402.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Adult Schools [78401 - 78402] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78401 - 78402] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The chancellor’s office and the department must jointly develop and issue adult-education assessment and accountability recommendations, and funded programs must submit annual student outcome data.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Adult Schools [78401 - 78402] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [78401 - 78402] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78402. (a) The chancellor’s office, in conjunction with the department, as part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue assessment policy recommendations regarding assessments to be used by school districts and community college districts for purposes of placement in adult education courses offered pursuant to Section 84830 and paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. (b) The department and the chancellor’s office, as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue policy recommendations to the Legislature regarding a comprehensive accountability system for adult education courses offered pursuant to Section 84830 and paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. The department and the chancellor’s office shall develop recommendations for all adult education-funded providers for assessment, evaluation, and data collection to document participant outcomes and placement, and other performance measures they deem appropriate. Accountability measures may include receipt of a secondary school diploma or its recognized equivalent, placement in a postsecondary educational institution, training, and employment. All funded programs shall be required to annually submit demographic and other student-level outcome information to the department or the chancellor’s office, as appropriate. (c) The chancellor’s office, in conjunction with the department, and as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall coordinate and issue both of the following: (1) Recommendations, including recommendations as to whether or not fees should be assessed, and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to Section 84830. With respect to these recommendations and guidelines, it is the intent of the Legislature that: (A) Registration and course fees should be equivalent across all programs. (B) Fees should not generate income beyond the cost of providing the courses. (C) Fees should not create a barrier to student access to adult education programs. (2) Recommendations and policy guidelines regarding the use of a single student identifier to be used by school districts and community college districts for purposes of developing a comprehensive accountability system pursuant to the requirements of Section 84830. (d) As used in this section, “department” means the State Department of Education. (Added by Stats. 2014, Ch. 545, Sec. 2. (SB 173) Effective January 1, 2015.)
  34. 78900.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Instructional Materials [78900 - 78907] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Prohibited Acts [78900 - 78907] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Publishers, manufacturers, and their representatives must not give inducements to community college officials to influence textbook adoption or purchase, and officials must not accept 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Instructional Materials [78900 - 78907] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Prohibited Acts [78900 - 78907] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78900. (a) No publisher or manufacturer of instructional materials, nor any of his or her representatives, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any community college official to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (b) No community college official shall accept any emolument, money, or other valuable thing, or any inducement to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (c) Any publisher or manufacturer of instructional materials or his or her representative, or any community college official who violates any of the provisions of this article is guilty of a misdemeanor. Any community college official who violates this article shall, in addition to any other penalty, be removed from his or her official position. (d) Nothing in this chapter shall be construed to prevent any publisher, manufacturer, or agent from supplying for purposes of examination necessary sample copies of instructional materials to any community college official. (e) Nothing in this chapter shall be construed to prevent a community college official from receiving sample copies of instructional materials. (f) Nothing contained in this chapter shall be construed to prohibit or restrict a community college official from receiving royalties or other compensation from the publisher or manufacturer of instructional materials written, designed, or prepared by the community college official, and adopted or purchased by any governing board, other than compensation paid as a commission to the community college official for negotiating sales to governing boards. No district shall have or claim the right to receive a royalty or other compensation due to any community college official employed by the district unless the instructional material was written or prepared during the normal schoolday during which the community college official is required by the district to be on duty. (Amended by Stats. 1990, Ch. 1372, Sec. 503.)
  35. 78907.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Instructional Materials [78900 - 78907] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Prohibited Acts [78900 - 78907] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    People may not use electronic listening or recording devices in classrooms without the instructor’s prior consent, except for reasonable aids and adjustments for disabled 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Instructional Materials [78900 - 78907] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Prohibited Acts [78900 - 78907] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 78907. The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students. Any person, other than a student, who willfully violates this section shall be guilty of a misdemeanor. Any student violating this section shall be subject to appropriate disciplinary action. This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided for by any other provision of law. (Amended by Stats. 1990, Ch. 1372, Sec. 509.)
  36. 79.

    ## 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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    “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county.

    ## 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. ) ## 79. “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county. (Enacted by Stats. 1976, Ch. 1010.)
  37. 79020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Community colleges must close on specified holidays and remain open on other legal holidays, with several board-approved and schedule-adjustment 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 79020. Except as otherwise provided, the community colleges shall continue in session or close on specified holidays as follows: (a) The community colleges shall close on January 1, the third Monday in January, commencing in the 1989–90 fiscal year, known as “Dr. Martin Luther King, Jr. Day,” February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” and December 25. (b) Any contractual provision between any community college district and its employees in effect on the effective date of the act that adds this subdivision shall prevail over any conflict regarding Dr. Martin Luther King, Jr. Day until the termination date of the contract or upon termination by mutual agreement of the parties, whichever occurs first. (c) The Governor in appointing any other day for a public fast, thanksgiving, or holiday may provide whether the community colleges shall close on the day. If the Governor does not provide whether the community colleges shall close, they shall continue in session on all special or limited holidays appointed by the Governor, but shall close on all other days appointed by the Governor for a public fast, thanksgiving, or holiday. (d) (1) The community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday. (2) For purposes of this subdivision, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (e) The community colleges shall continue in session on all legal holidays other than those designated by or pursuant to this section, and shall hold proper exercises commemorating the day. (f) When any of the holidays on which the schools would be closed fall on Sunday, the community colleges shall close on the Monday following, except that (1) if Lincoln Day falls on a Sunday, the community colleges may observe this holiday on the preceding or following Friday, the following Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable, or (2) if Lincoln Day falls on a Monday, the community colleges may observe this holiday on the preceding or following Friday, that Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable. (g) When any of the holidays on which the schools would be closed, except Lincoln Day, fall on Saturday, the community colleges shall close on the preceding Friday, and that Friday shall be declared a state holiday. (h) If any holiday on which the community colleges are required to close pursuant to subdivision (a) occurs under federal law on a date different than the date specified in subdivision (a), the governing board of any community college district may close the community colleges of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a). (i) When Veterans Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Wednesday, the governing board of a community college district may close the colleges on either the preceding Monday or the following Friday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Thursday, the governing board of a community college district may close the colleges on the following Friday, and maintain classes on the date specified in subdivision (a). (j) When Lincoln Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. When Lincoln Day would fall on Wednesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day would fall on Thursday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day falls on Saturday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. (k) In addition to the holidays specified in subdivision (a), a community college may close on March 31, known as “Cesar Chavez Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (l) In addition to the holidays specified in subdivision (a), a community college may close on April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and the fourth Friday in September, known as “Native American Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (m) In addition to the holidays specified in subdivision (a), Glendale Community College may close on April 24, known as “Genocide Remembrance Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (n) Notwithstanding subdivision (a), a community college may replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. When Lunar New Year falls on another holiday, the community college shall observe Lunar New Year on a preceding or following weekday. (o) This section shall not be interpreted as authorizing a community college district governing board to maintain community colleges in its district for a lesser number of days during the college year than the minimum established by law. (Amended by Stats. 2025, Ch. 358, Sec. 5. (AB 268) Effective January 1, 2026.)
  38. 79021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If the Governor declares another day a holiday but does not order community colleges closed, any actual closing is treated as a holiday closing declared by the governing board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 79021. Notwithstanding any other provision of this article, whenever the Governor appoints any other day as a holiday and does not provide for the closing of the community colleges, but the community colleges do close, the closing shall be deemed a closing for a holiday declared by the governing board. (Amended by Stats. 1990, Ch. 1372, Sec. 513.7.)
  39. 79030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may keep classes running on most holidays if climate conditions make it necessary, but not on specified holidays; if it does, it must hold proper exercises to mark 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 8. College Terms [79020 - 79030] ( Heading of Chapter 8 amended by Stats. 1981, Ch. 470, Sec. 180. ) ## ARTICLE 3. Holidays and Observances [79020 - 79030] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 79030. Whenever climatic conditions of a community college district are such as to render it necessary that the colleges be closed as early in the year as possible or opened as late in the year as possible, the governing board of the community college district may maintain classes on any days other than the 25th day of December, the first day of January, the fourth day of July, and any day appointed by the President or the Governor for a public thanksgiving. When classes are maintained on holidays pursuant to this section, proper exercises shall be held commemorating the day. (Amended by Stats. 1981, Ch. 470, Sec. 196.)
  40. 79120.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Child Development Centers [79120 - 79121] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may establish and maintain a child development center on or near each community college campus.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Child Development Centers [79120 - 79121] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 79120. The governing board of any community college district may establish and maintain a child development center on or near each community college campus pursuant to the provisions of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (Enacted by Stats. 1976, Ch. 1010.)
  41. 79121.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Child Development Centers [79120 - 79121] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some student-linked children under age two may attend child development centers, and student families must pay fees under the Superintendent’s fee schedule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Child Development Centers [79120 - 79121] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 79121. (a) Notwithstanding any other provision of law, a child under two years of age whose parent is a student, or whose parents are students, may attend child development centers consistent with the priorities established pursuant to law. (b) Children of students attending school at a particular campus shall have first priority for attendance at a child development center at that campus. (c) Student families, as described in Section 8263, shall pay fees according to the fee schedule established by the Superintendent of Public Instruction pursuant to subdivision (f) of that section. (d) Highest priority shall be given to student families with the greatest income deficit, and lowest priority to student families with the greatest income. (e) For the purposes of assigning eligibility priority, applicant student families shall be grouped according to the amount of their income in one-hundred-dollar ($100) monthly increments. All student families within a particular income range shall be treated as if their incomes were the same, and priority for eligibility within each particular income range shall be assigned on the following basis: (1) Single-parent student families. (2) Two-parent families, where both parents are students or where one parent is a student and the other is working. (f) Student families who are recipients of public assistance shall be subject to the same assignment of priority as other student families whose incomes fall in the same income range. (Amended by Stats. 1995, Ch. 758, Sec. 108. Effective January 1, 1996.)
  42. 79140.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The Legislature states findings about the value of workplace-based internship, apprenticeship, and preapprenticeship training.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79140. The Legislature hereby finds and declares as follows: (a) A consensus exists among employment training professionals, economists, and industry experts concerning the serious mismatch that has developed between labor force skills and the needs of employers. (b) Workplace skills training is most effective within a real workplace environment. (c) Private sector industry internship, apprenticeship, and preapprenticeship models successfully focus employment training on a specific job or set of skills, thereby meeting the precise needs of the labor market. (d) Many high-growth industries, such as new media and biotechnology, are particularly suited to worksite-based learning because skills required by those industries involve the use of costly equipment and require continual upgrading. (Amended by Stats. 2018, Ch. 704, Sec. 5. (AB 235) Effective September 22, 2018.)
  43. 79144.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    This section defines four education program terms used 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79144. For the purposes of this article, the following definitions shall apply: (a) “Apprenticeship program standards” means the written document containing, among other things, all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements, including attachments, as required by the Labor Code and by Chapter 2 (commencing with Section 200) of Division 1 of Title 8 of the California Code of Regulations, which, when approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations, shall constitute registration of these standards and authority to conduct that program of apprenticeship in this state. (b) “Apprenticeship training program” means a comprehensive plan containing, among other things, apprenticeship program standards, program regulations, related and supplemental instruction course outlines, and policy statements for the effective administration of that apprenticeship training program, in accordance with Chapter 2 (commencing with Section 200) of Division 1 of Title 8 of the California Code of Regulations. (c) “Internship training program” means a planned series of educational training activities, paid or unpaid, in a specific or general occupational field. (d) “Preapprenticeship program” means a structured plan of training and studies based on industry standards that is designed to prepare individuals with the skills and competencies needed to enter an apprenticeship training program that has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (Amended by Stats. 2018, Ch. 704, Sec. 6. (AB 235) Effective September 22, 2018.)
  44. 79146.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The board of governors may establish internship training programs and support apprenticeship and preapprenticeship training programs, subject to available resources and other limits. Funds under specified sections must be used only for approved apprenticeship training programs and cannot be used for preapprenticeship.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79146. (a) To the extent sufficient resources exist, the board of governors may establish internship training programs and actively support apprenticeship and preapprenticeship training programs in collaboration with the Division of Apprenticeship Standards of the Department of Industrial Relations. The board of governors may establish internship training programs pursuant to this section for only those occupations not covered by an apprenticeship training program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations before January 1, 1998. (b) Funding allocated pursuant to Sections 79149, 79149.1, and 79149.3 shall exclusively be used for approved apprenticeship training programs and shall not be allocated for the purposes of preapprenticeship. (Amended by Stats. 2018, Ch. 704, Sec. 7. (AB 235) Effective September 22, 2018.)
  45. 79148.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    If enough federal funds and other resources are available, the Division of Apprenticeship Standards and the California Community Colleges Chancellor’s Office must develop and implement apprenticeship and preapprenticeship training demonstration projects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79148. To the extent that sufficient federal funds and other resources are available, the Division of Apprenticeship Standards of the Department of Industrial Relations, in partnership with the California Community Colleges Chancellor’s Office, shall develop and implement innovative apprenticeship and preapprenticeship training demonstration projects in high-growth industries in emerging and transitioning occupations that meet local labor market needs and that are validated by current labor market data. (Amended by Stats. 2018, Ch. 704, Sec. 8. (AB 235) Effective September 22, 2018.)
  46. 79148.1.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    This section creates the California Apprenticeship Initiative New and Innovative Grant Program and places it under the Chancellor of the California Community Colleges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79148.1. (a) The California Apprenticeship Initiative (CAI) New and Innovative Grant Program is hereby established, under the administration of the Chancellor of the California Community Colleges, to create new and innovative apprenticeship opportunities in priority and emerging industry sectors or areas in which apprenticeship training is not fully established or does not exist. (b) The chancellor shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the California Apprenticeship Initiative (CAI) New and Innovative Grant Program. (c) Notwithstanding Section 16304 of the Government Code, funds appropriated for the California Apprenticeship Initiative (CAI) New and Innovative Grant Program shall be available to the chancellor for five fiscal years beginning with the fiscal year upon which the funds are appropriated. (d) The operation of this section is contingent upon an appropriation in the annual Budget Act for purposes of the California Apprenticeship Initiative (CAI) New and Innovative Grant Program. (Added by Stats. 2018, Ch. 33, Sec. 24. (AB 1809) Effective June 27, 2018.)
  47. 79149.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The Chancellor of the California Community Colleges must allocate certain apprenticeship and preapprenticeship funds, and may do so only after legislative appropriation for reimbursement 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149. (a) The Chancellor of the California Community Colleges shall be responsible for allocating funds for apprenticeship and preapprenticeship programs in good standing and approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the community colleges. (b) Upon appropriation by the Legislature, the Chancellor of the California Community Colleges shall allocate funds solely for the purposes of reimbursing community colleges pursuant to Section 79149.3. (Amended by Stats. 2018, Ch. 704, Sec. 9. (AB 235) Effective September 22, 2018.)
  48. 79149.1.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    This section sets reimbursement and reporting rules for community college apprenticeship instruction, and bars colleges from tying contract or credit decisions to which reimbursement route is used.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.1. (a) Attendance of apprentices enrolled in any class offered for community college credit by a community college in collaboration with an apprenticeship program sponsor, pursuant to Section 3074 of the Labor Code, may be reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section if such attendance is not reported pursuant to Section 79149.3. Attendance for an apprenticeship class reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section shall be reported separately to the Chancellor of the California Community Colleges. (b) Attendance of apprentices reimbursed pursuant to subdivision (a) shall be reimbursed based on the number of hours of instruction provided to indentured apprentices. The attendance hours generated by credit apprenticeship courses shall be funded at the marginal credit rate determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (c) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (d) The attendance hours funded pursuant to subdivision (b) shall be allocated by the Chancellor of the California Community Colleges directly to participating community college districts that have a college or colleges that contract with apprenticeship programs pursuant to subdivision (e). (e) Reimbursements may be made under this section for instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (f) A community college that funds a class for the training of apprentices taught by an apprenticeship instructor other than a community college faculty member shall not claim reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section in accordance with subdivision (a) and instead shall claim reimbursement pursuant to Section 79149.3. (g) A community college may limit enrollment in a community college course or course section reimbursed pursuant to this section solely to apprentices if that course or course section is required for those students as a part of a registered apprenticeship program with the Division of Apprenticeship Standards of the Department of Industrial Relations. (h) For each community college receiving reimbursement for apprenticeship hours pursuant to this section, the affected community college district shall report to the Chancellor of the California Community Colleges all of the following information, for each apportionment period: (1) The total number of full-time equivalent students generated by apprentices enrolled in community college apprenticeship courses that are reimbursed pursuant to this section. (2) The total number of hours reimbursed for apprenticeship instruction pursuant to subdivision (b). (3) The total amount of apportionment received for apprenticeship instruction reimbursed pursuant to this section. (i) The Chancellor of the California Community Colleges shall report to the California Apprenticeship Council within 30 days of each apportionment period the following information, for each community college receiving reimbursement for apprenticeship instruction pursuant to this section: (1) The number of apprenticeship instructional hours reported by and reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (2) At the final or recalculation apportionment, the hourly rate equivalent of per full-time equivalent student funding paid for instructional hours reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (3) The information reported to the Chancellor of the California Community Colleges pursuant to subdivision (h). (j) The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this section in the audit report required by Section 84040. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for apprenticeship instruction reported to each community college district by each community college receiving reimbursements for apprenticeship hours, pursuant to this section, are eligible for reimbursement pursuant to this section. (k) When a community college contracts with an apprenticeship program sponsor in the building and construction trades, pursuant to subdivision (e), the apprenticeship program sponsor must approve any decision to seek reimbursement for classes pursuant to this section rather than pursuant to Section 79149.3. A community college may not condition its willingness to contract with an apprenticeship program sponsor in the building and construction trades, or to grant community college credit for a class provided by such a program, on whether reimbursement may or will be sought pursuant to this section rather than pursuant to Section 79149.3. (Repealed and added by Stats. 2018, Ch. 33, Sec. 26. (AB 1809) Effective June 27, 2018.)
  49. 79149.2.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    Apprentices and preapprentices in certain approved community college classes are exempt from interdistrict attendance agreement requirements, and community colleges get a limited exemption from a California regulation when setting up approved apprenticeship courses or programs outside their 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.2. (a) An apprentice or preapprentice attending community college in classes of instruction pursuant to approved standards as provided pursuant to Section 3074 of the Labor Code and in accordance with subdivision (d) of Section 3078 of the Labor Code or as authorized under Section 3100 of the Labor Code, shall be exempt from the requirements of any interdistrict attendance agreement for those classes. (b) A community college shall be exempt from Section 55301 of Title 5 of the California Code of Regulations when establishing an apprenticeship course or program outside the territory of its community college district for nonresidents of that district when the participants in the class are indentured apprentices and the apprenticeship course or program is approved by the Division of Apprenticeship Standards of the Department of Industrial Relations. (Amended by Stats. 2018, Ch. 704, Sec. 10. (AB 235) Effective September 22, 2018.)
  50. 79149.25.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    Certain community college students without a Social Security number may use an individual tax identification number for required background checks, and they cannot be denied admission for using 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.25. A student enrolled in a community college class or classes pursuant to an apprenticeship training program or an internship training program who does not have a social security number may use an individual tax identification number for purposes of any background check required by the class or program. A student shall not be denied admission to an apprenticeship or internship training program because the student uses an individual tax identification number pursuant to this section. (Amended by Stats. 2023, Ch. 73, Sec. 1. (SB 467) Effective January 1, 2024.)
  51. 79149.3.

    ## 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    This section sets reimbursement rules for related and supplemental instruction, including who gets reimbursed, how hours are allocated, and reporting duties for the Chancellor and the Board of Governors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.3. (a) The reimbursement rate for related and supplemental instruction reimbursed pursuant to this article shall be established in the annual Budget Act and the rate shall be commonly applied to all providers of instruction specified in subdivision (e). (b) Attendance of apprentices enrolled in any class maintained by a community college, pursuant to Section 3074 of the Labor Code, shall be reimbursed pursuant to this section only if reported separately to the Chancellor of the California Community Colleges and not reported pursuant to Section 79149.1. Attendance reported pursuant to this section shall be used only for purposes of calculating allowances pursuant to this section. (c) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (d) This section also applies to isolated apprentices, as defined in Section 3074 of the Labor Code, for which alternative methods of instruction are provided. (e) The Chancellor of the California Community Colleges shall make the reimbursements specified in this section for teaching time provided by community colleges. (f) The hours for related and supplemental instruction derived from funds appropriated pursuant to subdivision (b) of Section 79149 shall be allocated by the Chancellor of the California Community Colleges directly to participating community colleges that contract with apprenticeship programs pursuant to subdivision (g). (g) Reimbursements may be made under this section for related and supplemental instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (h) The initial allocation of hours for related and supplemental instruction pursuant to subdivision (f) at the beginning of any fiscal year when multiplied by the hourly rate established in the Budget Act for that year shall equal 100 percent of total appropriation for apprenticeships. The Chancellor of the California Community Colleges shall notify participating community colleges of the initial allocation within 30 days of the enactment of the annual Budget Act. (i) (1) If funds remain from the appropriation pursuant to subdivision (b) of Section 79149, the Chancellor of the California Community Colleges shall reimburse community colleges for unfunded related and supplemental instruction hours from any of the three previous fiscal years, in the following order: (A) Reported related and supplemental instruction hours as described in subdivision (b) of Section 79149.5 that were paid at a rate less than the hourly rate specified in the Budget Act. (B) Reported related and supplemental instruction hours that were not reimbursed. (2) The Chancellor of the California Community Colleges shall notify the California Apprenticeship Council of any reimbursements made pursuant to paragraph (1). (j) The Chancellor of the California Community Colleges shall report to the California Apprenticeship Council within 30 days of each apportionment period the following information for each participating community college: (1) The number of related and supplemental instruction hours allocated to the community college. (2) The number of related and supplemental instruction hours reported by the community college. (3) At the final or recalculation apportionment, the hourly rate paid for related and supplemental instruction hours reported above the community college’s initial allocation of hours for related and supplemental instruction. (k) The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this article in the audit report required by Section 84040. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for related and supplemental instruction reported to each community college district by a participating apprenticeship program sponsor, pursuant to this section, are eligible for reimbursement pursuant to this section. (Amended by Stats. 2018, Ch. 33, Sec. 27. (AB 1809) Effective June 27, 2018.)
  52. 79149.4.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    For the California Firefighter Joint Apprenticeship Program, a qualifying class of related and supplemental instruction includes classes conducted at the workplace and taught by a qualified journeyman who shares apprentice supervision with the certified community college or adult education coordinator.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.4. For purposes of the California Firefighter Joint Apprenticeship Program, a class of related and supplemental instruction that qualifies for funding pursuant to Section 79149.3 includes, but is not necessarily limited to, a class that meets both of the following requirements: (a) The class is conducted at the workplace. (b) The person providing instruction is qualified, by means of education or experience, as a journeyman and shares the responsibility for supervision of the apprentices participating in the classes with the certified community college or adult education coordinator. (Added by Stats. 2013, Ch. 48, Sec. 69. (AB 86) Effective July 1, 2013.)
  53. 79149.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The Chancellor must review the state funding needed for certain reimbursements every year and include the required estimate in the budget.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.5. (a) The Chancellor of the California Community Colleges, in consultation with the Division of Apprenticeship Standards of the Department of Industrial Relations, the California Apprenticeship Council, and the Superintendent, shall annually review the amount of state funding necessary to provide the reimbursements specified in Section 79149.3, and shall include an estimate of required funds in its budget for each fiscal year. (b) If the amounts appropriated in any fiscal year are insufficient to provide full reimbursement, the hourly rate specified in Section 79149 shall be reduced on a pro rata basis only for reported hours that are in excess of the number of hours allocated at the beginning of the fiscal year so that the entire appropriation is allocated. (c) If the amount appropriated is in excess of the amounts needed for full reimbursement pursuant to subdivision (h) of section 79149.3, any excess shall be allocated to community college districts to be used for the purpose of the state general apportionment. (Amended by Stats. 2018, Ch. 33, Sec. 28. (AB 1809) Effective June 27, 2018.)
  54. 79149.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards must work together to create apprenticeship agreement and administration templates, with consultation and approval 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.6. (a) The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the Superintendent, shall jointly develop a model format for agreements between apprenticeship programs and community colleges for instruction pursuant to Section 3074 of the Labor Code. (b) By March 14, 2014, the Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, with equal participation by local educational agencies and community college apprenticeship administrators, shall develop common administrative practices and treatment of costs and services, as well as other policies related to apprenticeship programs. Any policies developed pursuant to this subdivision shall become operative upon approval by the California Apprenticeship Council. (Added by Stats. 2013, Ch. 48, Sec. 71. (AB 86) Effective July 1, 2013.)
  55. 79149.7.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. )

    Verify source ↗

    The Chancellor and the Division of Apprenticeship Standards must develop standard reporting protocols for certain community colleges and local educational agencies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] ( Heading of Article 3 amended by Stats. 2018, Ch. 704, Sec. 4. ) ## 79149.7. The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the California Apprenticeship Council and the Superintendent, shall develop standard reporting protocols applicable to participating community colleges and local educational agencies contracting with apprenticeship program sponsors that include metrics to measure program efficiency and success. For programs contracting with community colleges, the reporting protocols shall include metrics to evaluate the impact of funding-related and supplemental instruction hours with full-time equivalent students pursuant to Section 79149.1 and training of apprentices funded with a noncredit rate pursuant to Section 79149.3. (Added by Stats. 2018, Ch. 33, Sec. 29. (AB 1809) Effective June 27, 2018.)
  56. 79150.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. )

    Verify source ↗

    The Chancellor’s office may enter into agreements with certain community college districts to provide extra funding for support 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. ) ## 79150. The Chancellor’s office of the California Community Colleges, in cooperation with the State Department of Social Services and the State Employment Development Department, may enter into agreements with community college districts, which, prior to July 1, 1984, established cooperative agencies resources for education programs, for the purpose of providing additional funds for support services for those programs. Support services shall include, but not be limited to, child care and transportation allowances, books and supplies, counseling, and other related services. (Amended by Stats. 1984, Ch. 547, Sec. 1.)
  57. 79151.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. )

    Verify source ↗

    Specified community college districts may apply for funds under this article, and any district that applies must show that existing resources are exhausted, how many new welfare recipients it will serve, and how the relevant agencies and programs will cooperate.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. ) ## 79151. Each community college district specified in Section 79150 may apply for the funds pursuant to this article. Each district shall demonstrate that all existing resources have been exhausted, the number of new welfare recipients who will be served, and the extent of cooperation between the local county welfare department and the State Employment Development Department, the educational opportunity programs and services program, and campus child development programs. (Added by Stats. 1982, Ch. 1029, Sec. 2.)
  58. 79152.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. )

    Verify source ↗

    People in these education programs must be at least 18, be a single head of household, receive AFDC, and want to finish high school or pursue job-related study.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. ) ## 79152. Participants in cooperative agencies resources for education programs shall be at least 18 years of age, be a single head-of-household, be receiving Aid to Families with Dependent Children, and be desirous of completing their high school education or pursuing a job-relevant curriculum. (Added by Stats. 1982, Ch. 1029, Sec. 2.)
  59. 79154.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. )

    Verify source ↗

    The Board of Governors of the California Community Colleges must adopt guidelines for the cooperative agencies resources for education 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. ) ## 79154. The Board of Governors of the California Community Colleges, in conjunction with the State Department of Social Services and the State Employment Development Department, shall adopt guidelines for the cooperative agencies resources for education programs. The board of governors shall be responsible for the administration of the funds for the program. (Amended by Stats. 1990, Ch. 1372, Sec. 531.)
  60. 79155.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. )

    Verify source ↗

    This article is operative only for the 1983–84 fiscal year and later fiscal years if funds are specifically appropriated for its education program 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] ( Article 4 added by Stats. 1982, Ch. 1029, Sec. 2. ) ## 79155. For the 1983–84 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of the cooperative agencies resources for education programs pursuant to this article. (Amended by Stats. 1990, Ch. 1372, Sec. 532.)
  61. 79210.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Grants for Worksite-Based Training Programs [79210- 79210.] ( Article 6 added by Stats. 2001, Ch. 514, Sec. 1. )

    Verify source ↗

    The Chancellor’s office must award grants to community college districts for nursing training curricula and pilot programs, and must verify the grant agreement with hospital partners.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Grants for Worksite-Based Training Programs [79210- 79210.] ( Article 6 added by Stats. 2001, Ch. 514, Sec. 1. ) ## 79210. (a) The office of the Chancellor of the California Community Colleges shall award grants to community college districts for the purpose of developing curricula and pilot programs that provide training to licensed nurses, including, but not necessarily limited to, training in the following nursing specialty areas: (1) Critical care. (2) Emergency. (3) Obstetrics. (4) Pediatrics. (5) Neonatal intensive care. (6) Operating room. (b) A grant application shall include all of the following: (1) Demonstration that a shortage of trained nurses in the areas listed in subdivision (a) exists in the region served by the applicant and a description of the manner in which the proposed program would reduce that shortage. (2) Identification of hospital partners that have agreed to participate in the development of curricula and pilot programs. Participation by hospital partners shall include a one-to-one match in the form of any one or combination of the following: (A) Direct financial support. (B) Tuition, fee, or other reimbursement of students. (C) Involvement of salaried nurse mentors, clinical nurse specialists, or other specialty prepared staff. (D) Provision of paid clinical experiences for program participants. (E) Use of equipment for training purposes. (c) The office of the Chancellor of the California Community Colleges shall verify the grant agreement between local community college districts and their hospital partners, including the specific form of the one-to-one matching contribution described in paragraph (2) of subdivision (b). (Added by Stats. 2001, Ch. 514, Sec. 1. Effective January 1, 2002.)
  62. 79220.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The Chancellor’s office may make agreements with community college districts to fund foster youth support services through NextUp.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79220. (a) The office of the Chancellor of the California Community Colleges may enter into agreements with community college districts to provide, and allocate to selected community colleges within a community college district, funds for services in support of postsecondary education for foster youth. This program shall be known as NextUp, and shall expand the number of students participating in the Community College Extended Opportunity Programs and Services and shall not displace other students. The funding provided under this article shall be separate and apart from the funding provided under existing cooperative agencies resources for education programs pursuant to Article 4 (commencing with Section 79150). In addition to the delivery of Student Success and Support Program services, as described in Section 78212, services shall include, when appropriate, but not necessarily be limited to, outreach and recruitment, consultation and eligibility verification, consultation and referrals for students deemed ineligible, service coordination, counseling, book and supply grants, tutoring, independent living and financial literacy skills support, frequent in-person contact, career guidance, transfer counseling, childcare and transportation assistance, and referrals to health services, mental health services, housing assistance, and other related services. (b) The program may provide all services specified in subdivision (a), and direct financial support, to enrolled students who meet all eligibility requirements but whose courses have not yet commenced, and who have completed required matriculation activities as described in paragraph (2) of subdivision (a) of Section 78212, if those services are necessary to enable the student to be successful upon the commencement of the academic term. (c) As used in this article, “program” means a NextUp program as may be established under subdivision (a). (Amended by Stats. 2022, Ch. 54, Sec. 29. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.)
  63. 79221.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    A community college district that wants to join the program must send a letter of interest to the board of governors, and an interested district must certify that its services coordinate with and do not replace county and state services for eligible youth.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79221. (a) A community college district that wishes to participate in this program shall submit a letter of interest to participate to the board of governors for funding pursuant to this article. An interested community college district shall certify that services provided under this article to eligible youth are coordinated with, and do not supplant, other services provided by the county and state. (b) If the number of requests to participate exceeds the funding made available for the program, the board of governors shall prioritize the apportionment of funding to community colleges based on the number of eligible students and geographical equity. (Amended by Stats. 2022, Ch. 54, Sec. 30. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.)
  64. 79222.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    A student in the program must satisfy two eligibility requirements: foster-youth status tied to a court dependency in California after age 13, and age 25 or younger when the academic year begins for first 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79222. A student participant in the program shall meet both of the following requirements: (a) Be a current or former foster youth in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday. (b) Be no older than 25 years of age at the commencement of the academic year in which the student first enrolls in the program. (Amended by Stats. 2022, Ch. 572, Sec. 5. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.)
  65. 79223.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The board of governors must adopt regulations allowing certain community college directors to accept students into the NextUp 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79223. The board of governors shall adopt regulations that authorize the director of the Community College Extended Opportunity Programs and Services at each community college to accept students who are enrolled in at least nine units into the NextUp program. Students enrolled in fewer than nine units may be accepted into the NextUp program if enrollment is part of an education plan designed to move the student toward subsequent enrollment in at least nine units. (Amended by Stats. 2022, Ch. 572, Sec. 6. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.)
  66. 79223.5.

    ## 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    Current and former foster youth who meet the listed NextUp eligibility criteria can enroll in NextUp and cannot be asked to meet extra eligibility requirements for 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79223.5. All current and former foster youth who meet NextUp eligibility criteria specified in Sections 79222 and 79223 are eligible to enroll in the NextUp program and shall not be required to meet additional eligibility requirements as a condition for enrollment in the NextUp program. (Added by Stats. 2022, Ch. 572, Sec. 7. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.)
  67. 79224.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The Legislature states that, under specified conditions, participating community colleges should provide the program of services referenced in Section 78212 to students 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79224. It is the intent of the Legislature that, consistent with the requirements and intent outlined in subdivisions (b) and (c) of Section 78215, and to the extent that a participating community college meets the responsibilities outlined in paragraph (2) of subdivision (a) of Section 78212, any student who participates in the program pursuant to this article participate in the program of services outlined in paragraph (2) of subdivision (a) of Section 78212. (Added by Stats. 2014, Ch. 771, Sec. 2. (SB 1023) Effective January 1, 2015. See ongoing operational condition prescribed in Section 79227.)
  68. 79225.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The board of governors must adopt regulations for the program, manage the program’s funds, and ensure community college districts use streamlined application and enrollment processes that do not create barriers to entry.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79225. (a) The board of governors, in consultation with the State Department of Social Services, shall adopt regulations for the program. The board of governors shall be responsible for the administration of funds for the program. To the extent possible, the State Department of Social Services, in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, and other advocates, shall consult with the chancellor’s office to ensure that services provided under this article to eligible youths are coordinated with, and do not supplant, other services provided by the county and state. (b) Regulations adopted by the board of governors shall ensure that program application and enrollment processes implemented by community college districts are streamlined and do not impose barriers to entry. (Amended by Stats. 2022, Ch. 572, Sec. 8. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.)
  69. 79226.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The board of governors must send a biennial report starting March 31, 2020 to specified government bodies about efforts to serve current and former foster youth.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79226. Notwithstanding Section 10231.5 of the Government Code, commencing March 31, 2020, and every two years thereafter, the board of governors shall submit a report to the Governor, the education policy committees of the Legislature, and the California Child Welfare Council describing its efforts to serve students who are current and former foster youth. These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transfer, and completion rates of foster youth, including categorical funding of those programs. The reports shall also include recommendations on whether and how the program under this article can be expanded to all community college districts and campuses. (Amended by Stats. 2017, Ch. 722, Sec. 4. (SB 12) Effective January 1, 2018. See ongoing operational condition prescribed in Section 79227.)
  70. 79227.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    This article applies in a fiscal year only if money has been appropriated 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79227. This article shall be operative in a fiscal year only if funds have been appropriated for purposes of this article for that fiscal year. (Added by Stats. 2014, Ch. 771, Sec. 2. (SB 1023) Effective January 1, 2015.)
  71. 79228.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. )

    Verify source ↗

    The board of governors may authorize the chancellor to set aside up to 1 percent of article funds for administration, development, and accountability.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] ( Article 7 added by Stats. 2014, Ch. 771, Sec. 2. ) ## 79228. The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to designate up to 1 percent of the funds allocated pursuant to this article for program administration, program development, and program accountability. (Amended by Stats. 2022, Ch. 54, Sec. 32. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.)
  72. 79420.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Foster and Kinship Care Education Program [79420- 79420.] ( Heading of Article 8 amended by Stats. 2025, Ch. 74, Sec. 5. )

    Verify source ↗

    The Chancellor must use the program funds only for resource family education and training, and certain colleges and districts must meet reporting, planning, and other conditions tied to the 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Foster and Kinship Care Education Program [79420- 79420.] ( Heading of Article 8 amended by Stats. 2025, Ch. 74, Sec. 5. ) ## 79420. Funds appropriated to the Board of Governors of the California Community Colleges for the Foster and Kinship Care Education Program shall be used for resource family education in accordance with the following provisions: (a) The Chancellor of the California Community Colleges shall allocate these funds exclusively for resource family education and training, as specified by the chancellor, in consultation with an advisory committee that includes resource parents, representatives of statewide foster parent organizations, parent and relative/kinship care providers, county child welfare services representatives, and representatives of the State Department of Social Services. (b) If a community college district accepts funds for this program, the district shall comply with all reporting requirements, guidelines, and other conditions for receipt of those funds established by the chancellor. (c) Each college receiving funds for this program shall have a plan, developed in consultation with the county child welfare agency, for resource family education that includes the provision of training to facilitate the development of foster family homes, as defined in Section 56155.5, that care for no more than six children who have special mental, emotional, developmental, or physical needs. (d) The State Department of Social Services shall facilitate the participation of county welfare departments in the Foster and Kinship Care Education Program. (e) For purposes of this section, “resource family” has the same meaning as defined in Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 74, Sec. 6. (SB 619) Effective January 1, 2026.)
  73. 79500.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Advanced Placement Credit [79500- 79500.] ( Article 9 added by Stats. 2016, Ch. 513, Sec. 2. )

    Verify source ↗

    California community college authorities must develop, adopt, review, and post a uniform Advanced Placement credit policy.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Advanced Placement Credit [79500- 79500.] ( Article 9 added by Stats. 2016, Ch. 513, Sec. 2. ) ## 79500. (a) The office of the Chancellor of the California Community Colleges shall, in collaboration with the Academic Senate for California Community Colleges, do both of the following: (1) Commencing January 1, 2017, begin development of, and each community college district subsequently shall begin adoption and implementation of, a uniform policy to award a pupil who passes an Advanced Placement examination course credit for California General Education Transfer Curriculum or local community college general education requirements, as appropriate for the pupil’s needs, in a course with subject matter similar to that of the Advanced Placement examination. (2) Periodically review and adjust the policy adopted pursuant to subdivision (a) to align it with policies of other public postsecondary educational institutions. (b) If the policy to be adopted pursuant to subdivision (a) is not implemented for the entering class in the fall 2017 academic term, the California Community Colleges shall adopt and implement, commencing with the 2017–18 academic year, the Advanced Placement policy adopted by the California State University. (c) Each community college campus shall post on its internet website the most recent policy adopted pursuant to this section. (Amended by Stats. 2025, Ch. 74, Sec. 7. (SB 619) Effective January 1, 2026.)
  74. 79510.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] ( Article 10 added by Stats. 2022, Ch. 54, Sec. 34. )

    Verify source ↗

    This section defines AANHPI, “community college,” and “program” for 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 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] ( Part 48 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] ( Article 10 added by Stats. 2022, Ch. 54, Sec. 34. ) ## 79510. As used in this article, unless the context requires otherwise, the following definitions apply: (a) “AANHPI” means Asian American, Native Hawaiian, and Pacific Islander. (b) “Community college” means a college of the California Community College system. (c) “Program” means the AANHPI Student Achievement Program established pursuant to this article. (Added by Stats. 2022, Ch. 54, Sec. 34. (AB 183) Effective June 30, 2022.)
  75. 79511.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] ( Article 10 added by Stats. 2022, Ch. 54, Sec. 34. )

    Verify source ↗

    This section creates the AANHPI Student Achievement Program at California Community Colleges and sets reporting, staffing, funding, and service 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] ( Article 10 added by Stats. 2022, Ch. 54, Sec. 34. ) ## 79511. (a) (1) The Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program is hereby established at the California Community Colleges to provide culturally responsive services to enhance student educational experiences and promote higher education success for low-income, underserved, and first-generation AANHPI students and other underrepresented students. (2) It is the intent of the Legislature that the program be coordinated with the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program established at the California State University pursuant to Article 11 (commencing with Section 89297) of Chapter 2 of Part 55 of Division 8. (b) (1) Of the amount appropriated in the annual Budget Act for the program, up to 19 percent shall be allocated to a community college district to contract with a statewide central office at a nonprofit organization selected by the office of the Chancellor of the California Community Colleges, in consultation with the California Commission on Asian and Pacific Islander American Affairs. The office of the Chancellor of the California Community Colleges, in consultation with the California Commission on Asian and Pacific Islander American Affairs, shall periodically review the selection contract to ensure program alignment and effectiveness. (2) The statewide central office shall employ at least the following full-time staff: (A) One director. (B) One program coordinator. (C) One program analyst. (3) The statewide central office, in consultation with the office of the Chancellor of the California Community Colleges and the California Commission on Asian and Pacific Islander American Affairs, shall develop the criteria and process for a grant program to provide funding to qualifying community colleges, pursuant to subdivision (c). (4) The statewide central office, in consultation with the office of the Chancellor of the California Community Colleges and the California Commission on Asian and Pacific Islander American Affairs, shall establish an AANHPI stakeholder process for purposes of the program to facilitate the statewide central office’s ability to meet the needs of the community, including students and community colleges. Stakeholders shall include higher education practitioners and students. (5) The statewide central office shall provide support to qualifying community colleges, including, but not limited to, technical assistance, outreach, statewide and regional trainings, curriculum development, and capacity building. (6) The statewide central office shall provide an annual report to the office of the Chancellor of the California Community Colleges pursuant to subdivision (d). (7) The statewide central office shall fund an independent evaluation of the program pursuant to subdivision (e). (c) (1) Of the amount appropriated in the annual Budget Act for the program, at least 81 percent shall be provided to community colleges with the following qualifications: (A) The college is eligible for the Asian American and Native American Pacific Islander-Serving Institution program authorized under the federal Higher Education Act (20 U.S.C. Sec. 1059g et seq.). (B) The college has experience providing student support services to AANHPI students and other underserved students. (C) The college has program staff that will coordinate with campus faculty and staff to effectively deliver support services to AANHPI students. (2) Participating colleges shall provide all of the following services: (A) Culturally responsive learning communities. (B) Advising and counseling services. (C) Mental health counseling and awareness services. (D) Career development, career readiness, and employment services. (E) Supplemental instruction and tutoring, such as English language development and support. (F) Asian American, Pacific Islander studies courses and curriculum development. (G) Leadership development, internships, and mentorships. (d) On or before March 31 of each year, the office of the Chancellor of the California Community Colleges shall submit a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by the statewide central office. The report shall include, but is not limited to, all of the following: (1) The amount of funding allocated to each participating community college. (2) A description of the services provided by each participating community college. (3) The number of students served by each participating community college. (4) The number of low-income, underserved, and first-generation AANHPI students served. (5) The number of students served who meet any of, or any combination of, the following: (A) Completed certifications. (B) Attained associate degrees. (C) Attained associate degrees for transfer. (D) Transferred. (E) Obtained a job upon completion. (e) On or before March 31, 2026, the office of the Chancellor of the California Community Colleges shall submit a report evaluating the program to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by an independent evaluator selected by the office of the Chancellor of the California Community Colleges. The report shall include an assessment of the impact of the program, including a comparison of the impact of the program relative to other support strategies implemented by each participating campus for the same or similar student groups. (Amended by Stats. 2022, Ch. 572, Sec. 9. (AB 190) Effective September 27, 2022.)
  76. 79520.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. The Native American Student Support and Success Program [79520- 79520.] ( Article 11 added by Stats. 2022, Ch. 54, Sec. 35. )

    Verify source ↗

    This section creates the Native American Student Support and Success Program and gives the chancellor’s office authority to run grant agreements for 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 9. Miscellaneous [79120 - 79520] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. The Native American Student Support and Success Program [79520- 79520.] ( Article 11 added by Stats. 2022, Ch. 54, Sec. 35. ) ## 79520. (a) The Native American Student Support and Success Program is hereby established under the administration of the office of the Chancellor of the California Community Colleges to accomplish all of the following: (1) To strengthen K–12 pathways to and through the California Community College system for Native American students, including student transfer to the University of California and the California State University systems. (2) To ensure the educational success of Native American students. (3) To develop Native American leaders. (4) To increase the number of Native American mentors to empower future generations. (b) A grant provided to a community college pursuant to this article is intended to establish a local Native American student support and success program to provide all of the following services to support Native American students: (1) Integration of peer mentorship with other student success services. (2) Development of clearly structured, coherent course-specific cohorts. (3) Building capacity for counseling and wraparound student services offering culturally responsive resources. (4) Development and integration of faculty and staff professional development training. (c) (1) The chancellor’s office may enter into agreements with up to 20 community colleges to provide grants to those participating colleges for the purpose of developing local Native American student support and success programs and delivering the services described in Section 78212 to Native American students. A community college that receives a grant shall consult with California tribes in their service and surrounding area to design their local program. (2) Each local program shall provide the services described in subdivision (b) and may direct financial support to enrolled first-time Native American students before their courses have commenced, and who have completed required matriculation activities as described in paragraph (2) of subdivision (a) of Section 78212, if those services are necessary to enable the student to be successful upon the commencement of the academic term. (3) In addition to the services provided in subdivision (b), the local program may also provide additional services to Native American students, including program outreach and recruitment, program consultation and eligibility verification, career development, basic need service coordination, offering culturally responsive resources, transfer and career counseling, book and supply grants, tutoring, and other related services to ensure the educational success of Native American students. (4) A community college that receives a one-time grant pursuant to this article shall use a portion of the grant to establish a full-time program coordinator and tribal liaison position for the purpose of implementing the services described in this article. The coordinator shall also act as a liaison between the community college and local Native American tribes for the creation and implementation of the program. In hiring this position, preference shall be given to qualified candidates of Native American or Alaska Native heritage in a manner similar to preference provided in the federal Indian Preference Act of 1990. (d) (1) A community college may apply for a program grant by submitting a letter of interest to the chancellor’s office pursuant to this article. An applying community college shall certify that its services provided pursuant to this article to Native American students are coordinated with, and do not supplant, other services provided by the county or state. (2) If the number of requests to participate exceeds the amount of available grant funding for the program, the chancellor’s office shall prioritize awarding grants to community colleges with the highest number of Native American students. Identifying Native American students eligible for the program should be based on state and federal tribal recognition, linear descendancy, and community involvement. A participating community college is encouraged to request additional data to determine the eligibility of student participants and potential student participants from local tribal communities and local educational agencies. (e) (1) A community college that receives a grant pursuant to this article shall annually report to the chancellor’s office, on or before July 1 of each year following receipt of the grant, information, including, but not limited to, all of the following: (A) A summary of services supported with the grant. (B) The number of students supported by services provided with the grant. (C) Academic progress and outcomes of students who received support services provided with the grant, including course completion rates, persistence data, transfer rates, and career placement outcomes. (2) The chancellor’s office shall develop and submit to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, on or before September 1, 2024, on or before September 1, 2027, and on or before September 1, 2030, a report based on the data and information reported by participating community colleges pursuant to paragraph (1) and information on the use of funds made available for the program. (3) A report submitted pursuant to this subdivision shall include information from the academic year immediately preceding the reporting deadline. (f) As used in this section, unless the context requires otherwise, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) ”Program” means the Native American Student Support and Success Program established pursuant to this article. (Amended by Stats. 2025, Ch. 9, Sec. 11. (AB 123) Effective June 27, 2025.)
  77. 8.

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

    Verify source ↗

    If a provision gives joint authority to three or more public officers or other persons, that authority is treated as belonging to a majority of them unless the provision says otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 8. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the provisions of the code giving the authority. (Enacted by Stats. 1976, Ch. 1010.)
  78. 80.

    ## 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 “any school district” and “all school districts” as school districts of every kind or class, except community college districts.

    ## 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. ) ## 80. “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district. (Enacted by Stats. 1976, Ch. 1010.)
  79. 8006.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] ( Heading of Article 1 amended by Stats. 2008, Ch. 179, Sec. 38. )

    Verify source ↗

    California education bodies must support a statewide career technical education information system and collect related college information for it.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] ( Heading of Article 1 amended by Stats. 2008, Ch. 179, Sec. 38. ) ## 8006. (a) There is, in the State Department of Education a career technical education staff responsible for the design, implementation, and maintenance of a basic integrated statewide information system for career technical education and technical training. The Board of Governors of the California Community Colleges shall collect and maintain information related to career technical education and technical training within the California Community Colleges for inclusion within the integrated statewide information system. (b) The data gathering and analysis capabilities of the system described in subdivision (a) shall include, but not be limited to, maintaining comprehensive inventory of all programs of all career technical education and technical training programs which are maintained by the public schools. (Amended by Stats. 2000, Ch. 1058, Sec. 1. Effective January 1, 2001.)
  80. 8008.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] ( Heading of Article 1 amended by Stats. 2008, Ch. 179, Sec. 38. )

    Verify source ↗

    The system in Section 8006 must be designed, implemented, and maintained according to Chapter 7 of Part 7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] ( Heading of Article 1 amended by Stats. 2008, Ch. 179, Sec. 38. ) ## 8008. The system provided for in Section 8006, within the State Department of Education, shall be designed, implemented, and maintained in accordance with Chapter 7 (commencing with Section 10600) of Part 7. (Amended by Stats. 1990, Ch. 1372, Sec. 48.)
  81. 8090.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. )

    Verify source ↗

    Certain state agencies, school districts, and qualifying community or training programs may contract with private business, trade, and technical schools to provide training or retraining if those schools have available facilities.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. ) ## 8090. Any state agency, including but not limited to school districts, and any community organization organized pursuant to the Economic Opportunity Act of 1964 (P.L. 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may enter into contracts with private business, trade and technical schools to provide training and retraining programs when such private business, trade and technical schools have facilities available to provide such training and retraining. The attendance of pupils in courses of a private school pursuant to a contract authorized by this section shall not be counted for reporting to the Department of Education for the purpose of receiving apportionments from the State School Fund unless such contract also meets the requirements of Section 8092. (Enacted by Stats. 1976, Ch. 1010.)
  82. 8091.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. )

    Verify source ↗

    Certain state agencies and similar public or community entities may use public or private funds to pay for training or retraining programs run by private businesses or trade and technical schools.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. ) ## 8091. Any state agency, including but not limited to local school districts, community college districts and any community organization organized pursuant to the Economic Opportunity Act of 1964 (Public Law 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may use any federal, state, local, or private funds to provide training or retraining programs operated by private business, trade and technical schools. (Enacted by Stats. 1976, Ch. 1010.)
  83. 8092.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. )

    Verify source ↗

    Certain school and education authorities may contract for career technical skill training under specified conditions, and state education agencies may audit the related accounts.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. ) ## 8092. (a) A school district or districts, a county superintendent or superintendents, or the governing body of any agency maintaining a regional occupational center or program may contract with a private postsecondary school that is authorized or approved pursuant to Chapter 3 (commencing with Section 94300) of Part 59 and that has been in operation not less than two full calendar years prior to the effective date of the contract, to provide career technical skill training authorized by this code. A school district, community college district, or county superintendent of schools may contract with an activity center, work activity center, or sheltered workshop to provide career technical skill training authorized by this code in an adult education program for adults with disabilities operated pursuant to subdivision (a) of Section 41976. (b) A contract between a public entity and a private postsecondary school entered into pursuant to this section, or an activity center, work activity center, or sheltered workshop, shall do all of the following: (1) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the public schools or the tuition the private postsecondary school charges its private students, whichever is lower. (2) Provide that the public school receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the public entity for the purposes of apportionments from the State School Fund. (3) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Career Technical Education, or is a course of study for adult schools approved by the department under Section 51056. (c) The students who attend a private postsecondary school or an activity center, work activity center, or sheltered workshop pursuant to a contract under this section shall be enrollees of the public entity and the career technical instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting public entity. (d) The Department of Finance and the State Department of Education may audit the accounts of both the public entity and the private party involved in these contracts to the extent necessary to ensure the integrity of the public funds involved. (Amended by Stats. 2005, Ch. 677, Sec. 4. Effective October 7, 2005.)
  84. 8092.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. )

    Verify source ↗

    A community college district may contract with a postsecondary institution in a neighboring bordering state to provide career technical skill training for district students.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. ) ## 8092.5. (a) A community college district may contract with a public or private postsecondary educational institution in a neighboring state that borders on the district boundary to provide career technical skill training for district students authorized by this code. The contracts shall meet the requirements of Section 8092 and shall meet the general intent of Chapter 7 (commencing with Section 94700) of Part 59. (b) This section shall become operative on January 1, 1997. (Amended by Stats. 2000, Ch. 1058, Sec. 6. Effective January 1, 2001.)
  85. 8093.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. )

    Verify source ↗

    This section exempts certain buildings used for career technical skill training under a Section 8092 contract from specified code provisions if all listed conditions are met.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 5. Career Technical Education Contracts [8090 - 8093] ( Heading of Article 5 amended by Stats. 2000, Ch. 1058, Sec. 4. ) ## 8093. The provisions of Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 of Division 3 of Title 2, or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of Division 7 of Title 3 shall not apply to any building which is used by a private postsecondary school for purposes of providing career technical skill training for pupils pursuant to a contract under Section 8092 entered into by a public school entity and a private educational institution; provided that all of the following requirements are met: (a) The building is not owned, leased, rented, or being purchased by, nor situated on property owned or being purchased by, a public school entity. (b) The only public school purpose for which that building is used is pursuant to a contract entered into pursuant to Section 8092. (c) The building is not reconstructed, altered, or added to by a public school entity at a cost exceeding ten thousand dollars ($10,000). (Amended by Stats. 2000, Ch. 1058, Sec. 7. Effective January 1, 2001.)
  86. 81.

    ## 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 “union school district” as a district made up of two or more school districts in the same county.

    ## 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. ) ## 81. “Union school district” means a district composed of two or more school districts situated in the same county. (Enacted by Stats. 1976, Ch. 1010.)
  87. 8100.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 6. Approval of Courses [8100- 8100.] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must approve career technical training courses for purposes of loans authorized by Financial Code Section 7185.

    ## 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 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Career Technical Education [8006 - 8155] ( Heading of Chapter 1 amended by Stats. 2008, Ch. 179, Sec. 37. ) ## ARTICLE 6. Approval of Courses [8100- 8100.] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 8100. The Superintendent of Public Instruction shall approve courses of career technical training for the purposes of loans authorized by Section 7185 of the Financial Code. (Amended by Stats. 2000, Ch. 1058, Sec. 8. Effective January 1, 2001.)
  88. 81003.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college may build campus facilities on certain public property if it gets the property owner’s permission and complies with Section 66904.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81003. Subject to Section 66904, a community college may build campus facilities on school, local government, or other public property not owned by the community college, if the community college obtains permission from the owner of the public property to do so. (Added by Stats. 1987, Ch. 1059, Sec. 1.)
  89. 81004.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community colleges may form public-private partnerships to build education buildings or centers, but some projects need Board approval and state funding is limited by priority and cost 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81004. (a) A community college may develop a public-private partnership for the purpose of constructing education buildings or education centers. The facilities may be constructed on a site donated through the public-private partnership agreement between the community college and the private sector. The construction of any education building or education center is subject to approval by the Board of Governors of the California Community Colleges if the education building or education center is eligible for state funding for construction, equipment, or ongoing maintenance. Community colleges shall not be eligible to receive state funds for off-campus centers unless recommended by the California Postsecondary Education Commission pursuant to Section 66904. (b) (1) If a community college requests state funding for an education building or education center constructed through a public-private partnership, funding for that facility shall not supersede community college facilities that have been previously prioritized by the board of governors and are awaiting state funding. These facilities shall be subject to the board of governors’ annual prioritization process and shall not receive higher priority for state funding solely because the facilities are constructed through a public-private partnership. (2) Any state funding to reimburse a community college for construction of a facility pursuant to this subdivision shall not exceed that community college’s share of costs. (c) A community college may request state funding for instructional equipment for an education building or education center that is constructed through a public-private partnership or that is acquired without state funding. However, funding for that equipment shall be provided in the same manner as for other community college facilities, provided that the construction or acquisition of the facility otherwise would have qualified as a priority project for state funding. (d) On or before January 1, 1999, the board of governors shall adopt regulations to implement this section. However, prior to adopting these regulations, the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst. (Added by Stats. 1997, Ch. 342, Sec. 1. Effective January 1, 1998.)
  90. 81005.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An eligible community college district may use state capital outlay funds to buy and convert an existing building for community college use if specified safety, cost, land, and site-review 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Location [81003 - 81005] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81005. (a) State funds provided for the capital outlay financing needs of the California Community Colleges may be used to acquire an existing government-owned or privately-owned building and for the necessary costs of converting that building to community college use. A community college district that is eligible for state funding for capital outlay financing may purchase an existing government-owned or privately-owned building and convert it to community college use with state funds if all of the following criteria apply: (1) The building to be purchased was constructed as, and continues to qualify as, a school building pursuant to Article 7 (commencing with Section 81130), or the building is determined to have, or is rehabilitated to an extent that it is determined to have, a pupil safety performance standard that is equivalent to that of a building constructed pursuant to Article 7 (commencing with Section 81130). In making the determination of the pupil safety performance standard as required in this paragraph, all of the requirements of paragraphs (1) and (2) of subdivision (a) of Section 81149 shall be met. (2) The total cost of purchasing and converting the existing building to community college use is not greater than the estimated cost of constructing an equivalent building. (3) The land associated with a building to be purchased will be owned by, or controlled through a long-term lease by, the community college district. As used in this section, “long-term lease” means a lease with a term of at least 50 years. (4) The district has complied with facility site review procedures and guideline recommendations of the California Postsecondary Education Commission pursuant to Section 66904. (b) Funding for a building to be purchased under this section shall not supersede funding for community college facilities that have previously been prioritized by the board of governors and are awaiting state funding. Buildings purchased under this section shall be subject to the annual prioritization process of the board of governors, and shall not receive higher priority for state funding because they are existing buildings rather than buildings proposed to be constructed. (c) A community college district that purchases an existing building under this section may request state funding for instructional equipment. Funding for that instructional equipment shall be provided in accordance with Chapter 4.8 (commencing with Section 84670) of Part 50, provided that the chancellor determines that the purchase of this equipment qualifies as a priority for state funding. (Added by Stats. 2006, Ch. 649, Sec. 1. Effective January 1, 2007.)
  91. 81031.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. School Sites [81031 - 81033] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board of governors must establish standards for community college sites.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. School Sites [81031 - 81033] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81031. The board of governors shall establish standards for community college sites. (Amended by Stats. 1981, Ch. 470, Sec. 204.)
  92. 81033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. School Sites [81031 - 81033] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards must investigate proposed school sites before buying them, consider safety and other public-interest factors, and follow notice, review, and waiting rules for sites near airports or geological hazards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. School Sites [81031 - 81033] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81033. (a) The governing board of a community college district, prior to acquiring any site on which it proposes to construct any school building as defined in Section 81130.5, shall have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. If the prospective college site is located within the boundaries of any special studies zone or within an area designated as geologically hazardous in the safety element of the local general plan as provided in subdivision (g) of Section 65302 of the Government Code, the investigation shall include any geological and soil engineering studies by competent personnel needed to provide an assessment of the nature of the site and potential for earthquake or other geological hazard damage. The geological and soil engineering studies of the site shall be of a nature that will preclude siting of a college in any location where the geological and site characteristics are such that the construction effort required to make the school building safe for occupancy is economically unfeasible. No studies are required to be made if the site or sites under consideration have been the subject of adequate prior studies. The evaluation also shall include location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project. For the purposes of this article, a special studies zone is an area that is identified as a special studies zone on any map, or maps, compiled by the State Geologist pursuant to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the board of governors. (b) Geological and soil engineering studies as described in subdivision (a) shall be made, within the boundaries of any special studies zone, for the construction of any school building as defined in Section 81130.5 or, if the estimated cost exceeds twenty thousand dollars ($20,000), for the reconstruction or alteration of or addition to that building for work which alters structural elements. The Department of General Services may require similar geological and soil engineering studies for the construction or alteration of any building on a site located outside of the boundaries of any special studies zone. These studies need not be made if the site under consideration has been the subject of adequate prior studies. No school building shall be constructed, reconstructed, or relocated on the trace of a geological fault along which surface rupture can reasonably be expected to occur within the life of the school building. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the Department of General Services pursuant to Article 7 (commencing with Section 81130) and to the Chancellor’s office of the California Community Colleges. The cost of geological and soil engineering studies and investigations conducted pursuant to this section may be treated as a capital expenditure. (c) To promote the safety of students, comprehensive community planning, and greater educational usefulness of community college sites, the governing board of each community college district, if the proposed site is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site and excluding them if the property is not so located, before acquiring title to property for a new community college site or for an addition to a present site, shall give the board of governors notice in writing of the proposed acquisition and shall submit any information required by the board of governors. Immediately after receiving notice of the proposed acquisition of property which is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the board of governors shall notify the Division of Aeronautics of the Department of Transportation, in writing, of the proposed acquisition. The Division of Aeronautics shall make an investigation and report to the board of governors within 30 working days after receipt of the notice. If the Division of Aeronautics is no longer in operation, the board of governors, in lieu of notifying the Division of Aeronautics, shall notify the Federal Aviation Administration or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the authority or other agency any information or assistance it may desire to give. The board of governors shall investigate the proposed site and, within 35 working days after receipt of the notice, shall submit to the governing board a written report and its recommendations concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the board of governors has been received. If the report does not favor the acquisition of the property for a community college site or an addition to a present community college site, the governing board shall not acquire title to the property until 30 days after the department’s report is received and until the board of governors’ report has been read at a public hearing duly called after 10 days’ notice published once in a newspaper of general circulation within the community college district, or if there is no such newspaper, then in a newspaper of general circulation within the county in which the property is located. (d) If, with respect to a proposed site located within two miles of an operative airport runway, the report of the board of governors submitted to a community college district governing board under subdivision (c) does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Division of Aeronautics of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to that community college district for expenditure in connection with that site, any state funds otherwise made available under any state law whatever for community college site acquisition or college building construction, or for expansion of existing sites and buildings, and no funds of the community college district or of the county in which the district lies shall be expended for those purposes. However, this section shall not be applicable to sites acquired prior to January 1, 1966, or to any additions or extensions to those sites. If the recommendation of the Division of Aeronautics is unfavorable, the recommendation shall not be overruled without the express approval of the board of governors and the State Allocation Board. (e) No action undertaken by the board of governors or by any other state agency or by any political subdivision pursuant to this chapter, or in compliance with this chapter, shall be construed to affect any rights arising under Section 19 of Article I of the California Constitution. (Amended by Stats. 1995, Ch. 758, Sec. 109. Effective January 1, 1996.)
  93. 81050.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

    Verify source ↗

    This section defines “school building” for 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81050. “School building,” as used in this article, means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (Added by Stats. 2003, Ch. 552, Sec. 34. Effective January 1, 2004.)
  94. 81050.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

    Verify source ↗

    Residential housing for a community college district is excluded from the definition of “school building,” and the Department of General Services must approve plans and specifications for student residences when the district requests 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81050.5. (a) (1) For the purposes of this article, Article 7 (commencing with Section 81130), and Article 8 (commencing with Section 81160), “school building” does not include any building used or intended to be used by a community college district as residential housing. (2) The Department of General Services shall approve plans and specifications for a residence for students attending a campus of a community college upon a request by the community college district, pursuant to Sections 81130 and 81160. (b) As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a community college district, with the teacher’s or employee’s family, if applicable, and any building used as a residence for students attending a campus of a community college district. (Amended by Stats. 2023, Ch. 83, Sec. 1. (AB 358) Effective January 1, 2024.)
  95. 81051.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

    Verify source ↗

    Historic school buildings used for community college purposes must be renovated under the Field Act, unless subdivision (b) 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81051. (a) Each school building that has been placed on the National Register of Historic Places, and to be used for community college purposes, shall be renovated according to the Field Act, as defined in Section 81130.3. If subdivision (b) applies, that building may be renovated according to the regulations adopted by the State Architect pursuant to subdivision (d) of Section 17280.5. (b) The governing board of a community college district that proposes to renovate, pursuant to this section, a school building that does not comply with the Field Act shall hold a public hearing, after giving appropriate public notice, for the purpose of gaining public input on the matter. The governing board shall adopt its decision on this proposal at a public hearing. (Added by Stats. 2003, Ch. 552, Sec. 34. Effective January 1, 2004.)
  96. 81052.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

    Verify source ↗

    School buildings built, rebuilt, modified, or expanded after July 1, 2006 on a community college campus must be built under the Field Act or the California Building Standards 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81052. Each school building constructed, reconstructed, modified, or expanded after July 1, 2006, on a community college campus shall be built according to the Field Act, as defined in Section 81130.3, or according to the California Building Standards Code, as adopted by the California Building Standards Commission. (Added by Stats. 2006, Ch. 35, Sec. 14. Effective May 20, 2006. Operative after November 7, 2006 (Prop. 1D was adopted) by Sec. 25 of Ch. 35.)
  97. 81053.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

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    The Department of General Services must develop and submit proposed building standards for certain community college district school buildings, and then handle related review and oversight responsibilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81053. (a) To ensure that community college districts are able to effectively exercise the option of utilizing the Field Act or the California Building Standards Code, as provided in Section 81052, and construct buildings safely, cost effectively, and in a timely manner, the Department of General Services shall develop and submit, in consultation with the Board of Governors of the California Community Colleges, by June 1, 2009, to the California Building Standards Commission proposed building standards for adoption as part of the California Building Standards Code that will govern the construction, reconstruction, modification, or expansion of school buildings of a community college district as provided in Section 81052, if the community college district elects not to utilize the Field Act. The Department of General Services shall review and include, where appropriate, in these standards the standards that govern the California State University. The proposed building standards shall provide for independent plan review and oversight to be performed by the Department of General Services. The standards shall become effective 30 days after adoption by the California Building Standards Commission. (b) The Department of General Services shall be responsible for plan reviews consistent with Section 81133. (Added by Stats. 2008, Ch. 704, Sec. 2. Effective January 1, 2009.)
  98. 81054.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

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    The Legislative Analyst’s Office must analyze how long the Department of General Services and community colleges take to complete certain construction and alteration work, then report it by March 1, 2009. After that report is issued, the Department of General Services must convene a working group to review the process, develop recommendations, and submit them in writing by December 31, 2009.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81054. (a) The Legislative Analyst’s Office (LAO) shall undertake a fact-based analysis of the length of time the Department of General Services and the community colleges take to perform their respective functions to complete community college construction and alteration projects. This information shall be compiled in a report made available to the Legislature and the Governor by March 1, 2009. (b) Following the issuance of the report described in subdivision (a), the Department of General Services shall convene a working group advisory committee consisting of a representative from the Department of General Services, the Board of Governors of the California Community Colleges, the Associated General Contractors of California, and the Professional Engineers in California Government. The working group shall analyze the report and the current process to complete community college construction and alteration projects and develop recommendations for changes, if any, in the project development and review process to ensure the public safety of community college facilities through a collaborative, consistent, cost-effective, and timely project development and review process. The recommendations shall include proposed timeframe goals for the performance of each specific task performed by the Department of General Services and by private design professionals performing services for a community college district and an assessment of the staffing and other resource needs of the Department of General Services to perform its tasks related to the construction or alteration of community college facilities. The recommendations shall be submitted in writing to the Department of General Services, working group members, the Senate and Assembly Committees on Appropriations, the Senate Committee on Education, the Assembly Committee on Higher Education, and the education budget subcommittees of the Assembly and Senate by December 31, 2009. (Added by Stats. 2008, Ch. 704, Sec. 3. Effective January 1, 2009.)
  99. 81055.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. )

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    A community college district does not have to follow city or county zoning rules for certain university housing projects near a main campus or qualifying satellite campus, and if the project includes faculty and staff units, some must be set aside at affordable rents for lower-income faculty and staff.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Building Standards [81050 - 81055] ( Article 3 added by Stats. 2003, Ch. 552, Sec. 34. ) ## 81055. (a) For purposes of this section, the following definitions apply: (1) “Affordable rent” means an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (2) “Extremely low income faculty or staff” means an employee of the California Community Colleges who satisfies the requirements of Section 50106 of the Health and Safety Code. (3) “Lower income faculty or staff” means an employee of the California Community Colleges who satisfies the requirements of Section 50079.5 of the Health and Safety Code. (4) “Satellite campus” means an auxiliary classroom or a teaching site not a part of the main campus. (5) “University housing development project” has the same meaning as set forth in Section 21080.58 of the Public Resources Code. (b) Notwithstanding any other law, a community college district is not required to comply with the zoning ordinances of a city, county, or city and county for a university housing development project constructed on property owned or leased by a community college district, if the parcel on which the project will be constructed meets either of the following requirements: (1) The parcel is contained either wholly or partially within a one-half mile radius of a main campus, as defined in Section 94849. (2) The parcel is contained either wholly or partially within a one-half mile radius of a satellite campus that existed before July 1, 2025. (c) If the university housing development project includes units for faculty and staff, the community college district shall ensure that a portion of the units are made available at affordable rents to extremely low income faculty and staff and to lower income faculty and staff. (Added by Stats. 2025, Ch. 378, Sec. 1. (AB 648) Effective January 1, 2026.)
  100. 81130.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services must supervise school building design and construction, unless Section 81133 exempts the project.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81130. (a) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section 81133, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Nothing in this section shall be construed to allow a community college district to perform work with its own forces in excess of the limitations set forth in Article 41 (commencing with Section 20650) of Part 3 of Division 2 of the Public Contract Code. (b) Whenever repairs due to fire damage must be made to any school building previously approved by the Department of General Services, the approved plans and specifications used in the original work under then existing rules, regulations, and building standards may be used without modification, providing all other provisions of this article are carried out. (Amended by Stats. 1997, Ch. 390, Sec. 3. Effective August 27, 1997.)
  101. 81130.3.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    This section says the article may be cited as the “Field 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81130.3. This article, together with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050), shall be known and may be cited as the “Field Act.” (Amended by Stats. 2006, Ch. 35, Sec. 15. Effective May 20, 2006. Operative after November 7, 2006 (Prop. 1D was adopted) by Sec. 25 of Ch. 35.)
  102. 81130.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    This section says Article 7 does not apply to certain offsite buildings used for community college purposes, and it defines key terms like “offsite building,” “school building,” and “construction or alteration.”

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81130.5. (a) This article does not apply to an offsite building during the time the building is used wholly or in part for community college purposes, if the building is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase that building. For the purposes of this section, an “offsite building” is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. (b) “School building,” as used in this article, means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (c) Where the primary use of either a building or complex within which the building is situated, operated by an official or board of a city, city and county, or county, or by a nonprofit foundation for a building or complex located on land owned by the United States, is for purposes other than educational, such as, but not necessarily limited to, correctional, forestry, or hospital purposes, the building shall not be considered to be a “school building” as defined in this section, notwithstanding any educational use thereof incidental to the primary purpose. (d) For the purposes of this article and Article 8 (commencing with Section 81160), “school building” does not include any of the following: (1) Any building of a community college district that is used solely for classes or programs in outdoor science, conservation, and forestry and that does not occupy, in whole or in part, the same parcel of land upon which there is situated any school maintained by the district. (2) Agricultural facilities that were not built for classroom purposes and that are used primarily for plant and animal production or the storage of materials, equipment, and supplies involved in that production. (3) Animal kennels and facilities used to house animals as part of an animal health instruction program. (e) “Construction or alteration,” as used in this article, includes any construction, reconstruction, or alteration of, or addition to, any school building. (Amended by Stats. 2019, Ch. 53, Sec. 22. (SB 77) Effective July 1, 2019.)
  103. 81130.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    For damaged or destroyed community college facilities, required reviews and approvals must be expedited and generally completed within 60 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81130.6. (a) It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of community college facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those community college facilities to a condition that makes them useful to community college districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state. (b) Notwithstanding any other law, if a community college has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district. (c) If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b). (d) A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval. (e) As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded. (f) The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities. (Added by Stats. 1995, 1st Ex. Sess., Ch. 7, Sec. 2. Effective October 10, 1995.)
  104. 81133.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services reviews and approves or rejects school building plans, and certain school authorities must submit plans and pay fees before adopting 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81133. (a) The Department of General Services shall pass upon, and approve or reject, all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building. To enable it to do so, the governing board of each community college district and any other school authority before adopting any plans for the school building shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article. (b) Notwithstanding subdivision (a), where the estimated cost of reconstruction or alteration of, or addition to, a school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project, which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services. (c) If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following shall apply to that project: (1) The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications to the Department of General Services along with the appropriate fee for review. (2) Within 10 days of the completion of any project authorized pursuant to subdivision (b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications. (3) The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General Services. (4) No community college district shall subdivide a project for the purpose of evading the limitation on amounts cited in this section. (5) Before letting any contract for any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall first be had and obtained. (6) In each case the application for approval of the plans shall be accompanied by the plans and full, complete, and accurate specifications, and structural design computations, and estimates of cost, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. (7) (A) The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services based on the estimated cost according to the following schedule: (i) For the first one million dollars ($1,000,000), a fee of not more than 1.25 percent of the estimated cost. (ii) For all costs in excess of one million dollars ($1,000,000), a fee of not more than 1 percent of the estimated cost. (B) The minimum fee in any case shall be two hundred fifty dollars ($250). If the actual cost exceeds the estimated cost by more than 5 percent, a further fee shall be paid to the Department of General Services, based on the fee schedule pursuant to clauses (i) and (ii) of subparagraph (A) or subparagraph (B) of paragraph (8), as applicable, and computed on the amount by which the actual cost exceeds the amount of the estimated cost. (8) (A) All fees collected under this article shall be paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, and are continuously appropriated, without regard to fiscal years, for the use of the Department of General Services, subject to approval of the Department of Finance, in carrying out this article. (B) Adjustments in the amounts of the fees, as determined by the Department of General Services and approved by the Department of Finance, shall be made in order to maintain a reasonable working balance in the fund, provided that the fees shall not exceed the amounts in the fee schedule specified in paragraph (7). If the working fund balance exceeds six months’ expenditures, the Department of General Services shall take action to reduce the fees. (9) No contract for the construction or alteration of any school building, made or executed by the governing board of any community college district or other public board, body, or officer otherwise vested with authority to make or execute this contract, is valid, and no public money shall be paid for any work done under this contract or for any labor or materials furnished in constructing or altering the building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless the approval thereof in writing has first been had and obtained from the Department of General Services. (d) For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or licensed civil engineer who is responsible for the completion of the design work involved with the project. (Amended by Stats. 2017, Ch. 19, Sec. 5. (AB 111) Effective June 27, 2017.)
  105. 81133.1.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    This section lets community college districts voluntarily apply for a collaborative project review process, and gives the Department of General Services authority to set procedures, set timeframe goals, charge certain fees, and report to the Legislature.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81133.1. (a) The Legislature finds and declares all of the following: (1) The purpose of the collaborative process for project development and review is to ensure the public safety of community college facilities through a collaborative, consistent and timely project development and review process. (2) The collaborative process for project development and review may be made available, as an alternative to the traditional plan review and approval process, to community college districts that voluntarily apply to the Department of General Services. (3) This process entails the early participation of all parties involved in a project from project development and continuing through plan review, construction and certification of community college facilities projects. These parties include, but are not limited to, the Department of General Services’ staff and their qualified plan review firms, and community college districts and their design professionals. (b) In consultation with the Board of Governors of the California Community Colleges, the Department of General Services shall establish procedures and requirements governing the use of the collaborative process for project development and review alternative. These procedures and requirements shall include an application and selection process. Upon project selection, the Department of General Services and the community college district shall mutually agree to the roles and responsibilities of the Department of General Services, the applicant community college district, and its design professionals. (c) As a part of the establishment of the requirements for the collaborative process for project development and review, the Department of General Services, in consultation with participating community college districts, shall establish mutually determined timeframe goals for a project’s plan review, community college district and consultant response, response review, and final approval. Those timeframe goals shall reflect the project’s estimated construction cost, complexity, size, and other requirements of the collaborative process for project development and review. (d) The Department of General Services shall establish model statewide timeframe goals, in consultation with community college districts and other relevant parties, by February 1, 2007. Implementation of the collaborative process for project development and review with participating community college districts shall not negatively impact the traditional plan review process with other community college districts. (e) The Department of General Services shall submit a preliminary report to the Legislature by July 1, 2008, and a final report by July 1, 2009. These reports shall address whether the implementation of the collaborative process for project development and review has assisted the department and community college districts in meeting their mutually determined timeframe goals. (f) The application for the collaborative process for project development and review shall be accompanied by a filing fee from the community college district in amounts determined by the Department of General Services pursuant to Section 81133. The Department of General Services may establish a procedure for the payment and collection of this filing fee. (g) The Department of General Services may assess a fee on a participating community college district to cover the unreimbursed costs of the department incurred pursuant to that community college district’s participation in the collaborative process if the department deems the assessment of the fee to be necessary for the support of its operations and establishes a procedure for the determination, collection, and deposit of the fee. (h) During project development, the community college district may provide input to the Department of General Services in its selection of a qualified plan review firm to provide consultative services to that department. Upon project submittal by the applicant community college district, the Department of General Services may also refer the necessary project documents to the selected qualified plan review firm for plan review. The Department of General Services may establish procedures governing the use of this section by applicant community college districts for the selection of a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 6. (AB 111) Effective June 27, 2017.)
  106. 81133.2.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services must provide ongoing training and make it available to specified college-building-related workers and agencies; it may charge a fee for that training.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81133.2. (a) The Department of General Services shall provide training, on an ongoing basis, to its employees and to the employees of architectural and structural engineering firms that contract with the department for the purposes of this chapter. The training shall address all phases of the plan review process established under this chapter, and shall be designed to ensure that all individuals who develop and review college building plans obtain sufficient knowledge of the rules, regulations, and standards that apply under this chapter. (b) The department shall make the training described in subdivision (a) available to the employees of architectural and structural engineering firms that contract with applicant community college districts for the purpose of this chapter, and to any other individuals, firms, and governmental agencies that are involved in college building design, construction, or inspection, and that may benefit from the training. (c) The department may charge a fee for training provided pursuant to this subdivision. (Added by Stats. 2006, Ch. 407, Sec. 6. Effective January 1, 2007.)
  107. 81133.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services may issue a stop work order for community college construction that violates existing law and threatens structural integrity and public safety, but it must allow incidental and minor nonstructural work to continue.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81133.5. (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on a community college is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority. (b) A community college district or other public board, body, or officer whose construction work on a community college is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is that basis for the issuance of the stop work order. (Amended by Stats. 2010, Ch. 697, Sec. 28. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  108. 81134.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services must set up methods to check that plan-review applications are complete, notify applicants about expected review timing, and tell designated contacts when key review steps happen. Applicants must also identify contacts and, within 10 days of notice, choose between department review or qualified private review firms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81134. (a) The Department of General Services shall establish one or more methods to ensure that each application has been completed sufficiently by the applicant to enable the plan review to be performed. (b) Upon receipt of a complete application, the Department of General Services shall inform the applicant of the period of time that it anticipates to elapse prior to commencing review of the applicant’s plans. Within 10 days of being so notified, the applicant shall make an election to either use the Department of General Services for the review of the applicant’s plans or, request that the plan review be performed by one or more qualified plan review firms pursuant to Sections 81135 and 81136. If the applicant elects to use the services of the Department of General Services for review of the applicant’s plans, the department, as it deems necessary to expedite review of the applicant’s plans, in addition to making a good faith effort to hire state employees, shall do one or more of the following: (1) Contract for assistance from one or more qualified plan review firms pursuant to Sections 81135 and 81136. (2) Employ additional staff on a temporary basis. (3) Maximize the use of department staff through the use of overtime or other appropriate means. (4) Any other action determined by the department to have the effect of expediting the review and approval process. (c) Each application shall identify, for purposes of receiving the notifications required under this subdivision, an employee of the applicant community college district and either the applicant’s architect or structural engineer. The Department of General Services immediately shall notify that employee, and the identified architect or structural engineer, when each of the following steps in the plan review process occurs: (1) The department requests the applicant’s architect or structural engineer to correct or complete any part of the application. (2) An application number is assigned to the application. (3) Review of the applicant’s plans is commenced. (4) Review of the applicant’s plans is completed and the department returns the plans to the architect or structural engineer for correction. (5) Corrected plans are returned to the department by the applicant’s architect or structural engineer for final review and approval. (6) The department approves the plans and causes a final record set of the plans to be printed in accordance with Section 17304. (d) The Department of General Services may provide additional notifications to applicants as it deems necessary. (Amended by Stats. 2006, Ch. 407, Sec. 6.5. Effective January 1, 2007.)
  109. 81135.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services must manage qualified plan review firm lists, use rotational contracting procedures, and may advertise and award contracts under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81135. (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (1) “Prequalified list” means a list of qualified firms established by the Department of General Services to perform specific types of plan review services. (2) “Qualified plan review firm” means an individual, firm, or the building official of a city, county, or city and county, as defined in Section 18949.27 of the Health and Safety Code, or the authorized representative of that building official that is identified by the Department of General Services as having appropriate expertise and knowledge of the requirements that apply to school buildings under this article. (b) The department shall establish and maintain a list of qualified plan review firms, and shall make that list available, upon request, to community college districts and other interested parties. (c) Notwithstanding Section 14952 of the Government Code, the Department of General Services shall contract with sufficient numbers of qualified plan review firms for assistance in performing the plan review required under the Field Act. (d) At the discretion of the Department of General Services, contracts for a qualified plan review firm made pursuant to this article may be advertised and awarded in accordance with this section. (e) (1) The Department of General Services may establish prequalified lists of qualified firms in accordance with this subdivision. (2) (A) For each type of plan review for which the department elects to use the process established by this section for advertising and awarding contracts, the Department of General Services may request statements of qualifications from interested firms. (B) The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications of relevant professional societies. (C) Each announcement shall describe the general scope of services to be provided within each generic project category for plan review services that the Department of General Services anticipates may be awarded during the period covered by the announcement. For the purposes of this section, a generic project category shall be defined in a manner that each specific project to be awarded within a respective discipline meets all of the following requirements: (i) The project is substantially similar to all other projects within that discipline. (ii) The project is within the same size range and geographical area. (iii) The project requires substantially similar skills and magnitude of professional effort as compared to every other project within that discipline. (3) The Department of General Services shall evaluate the statements of qualifications, and develop a list of qualified plan review firms that meet the criteria established and published by the Department of General Services. Interviews may be held to determine a firm’s qualifications. Lists of qualified plan review firms shall be maintained by the Department of General Services for not more than four years. (4) During the term of a prequalified list, as specific projects are identified by the Department of General Services as being eligible for contracting, the Department of General Services shall contact a firm on the prequalified list, on a rotational basis, for both of the following purposes: (A) To distribute the work in a fair and equitable manner. (B) To determine that the firm has sufficient staff and is available for performance of the project. (5) If the contacted firm is not available, the Department of General Services shall continue to contact firms on the prequalified list, on a rotational basis, until an available firm is identified. (6) The Department of General Services shall negotiate a contract for the services with the identified firm, including a price and timeframe that it determines is fair and reasonable. (7) If the identified plan review firm is unable to negotiate a satisfactory contract with the Department of General Services, the department shall terminate negotiations, and shall undertake negotiations, on a rotational basis, with the next firm available for performance from the prequalified list until a successful negotiation is achieved. If the Department of General Services is unable to negotiate a satisfactory contract with a firm on two separate occasions, that firm may be removed from the prequalified list. (f) Contracts for plan review services that the Department of General Services elects to advertise and award in accordance with this section are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2006, Ch. 407, Sec. 7. Effective January 1, 2007.)
  110. 81136.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    An applicant may ask for document referral to a qualified plan review firm, and the Department of General Services must grant that request and set procedures for the process.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81136. (a) Upon submitting a complete application for review under this article, the applicant may request that the Department of General Services refer the documents necessary for the review of that application to a qualified plan review firm operating under contract with the department pursuant to Section 81135. The department immediately shall grant the request and refer the necessary documents to a qualified plan review firm if the applicant so requests. Upon completing the review, the qualified plan review firm shall submit the documents referred to it for the review of the application, together with the results of its review, to the Department of General Services. (b) The Department of General Services shall establish a procedure governing the use by applicants of the review process alternative described in this section, including, but not limited to, provisions restricting the use of qualified plan review firms on the basis of conflict of interest. (Added by Stats. 1998, Ch. 407, Sec. 15. Effective August 27, 1998.)
  111. 81138.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    Plans, specifications, and estimates must be prepared by a licensed architect or structural engineer, except for certain mechanical or electrical engineers in subdivision (b). Construction observation must be under the responsible charge of the same qualified professional.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81138. (a) Except as provided in subdivision (b), all plans, specifications, and estimates shall be prepared by a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the observation of the work of construction shall be under the responsible charge of such an architect or structural engineer. (b) For the purposes of this section, a mechanical or electrical engineer holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code may be in responsible charge of preparation of plans, specifications, and estimates, and observation of the work of construction where the work is, as determined by the Department of General Services, of the kind normally performed by engineers certified in the particular branch of engineering for which the engineer is certified. Any architectural or structural work involved shall be the respective responsibility of a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Amended by Stats. 1982, Ch. 735, Sec. 3.)
  112. 81141.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    Certain construction project participants must submit verified reports to the Department of General Services when required during construction or alteration.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81141. From time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of observation of construction or registered engineer in charge of observation of other work, the inspector on the work, and the contractor shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth detailed statements of fact that are required by the Department of General Services. “Personal knowledge,” as used in this section and as applied to the architect and the registered engineer, means the personal knowledge that is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also that is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of the work that is performed between the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. “Personal knowledge,” as applied to the inspector, means the actual personal knowledge that is obtained from his or her personal, continuous inspection of the work of construction in all stages of its progress at the site where he or she is responsible for inspection and, when work is carried out away from the site, personal knowledge that is obtained from the reporting of others on the testing or inspection of materials and workmanship for compliance with plans, specifications, or applicable standards. The exercise of reasonable diligence to obtain the facts is required. “Personal knowledge,” as applied to the contractor, means the personal knowledge that is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Amended by Stats. 1995, Ch. 758, Sec. 111. Effective January 1, 1996.)
  113. 81142.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Department of General Services may make rules and regulations for this article, except as provided in Health and Safety Code Section 18930, and must adopt and submit building standards for approval under the cited Health and Safety Code 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81142. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services may from time to time make such rules and regulations as it deems necessary, proper, or suitable to carry out the provisions of this article. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this article. (Amended by Stats. 1979, Ch. 1152.)
  114. 81143.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The State Department of General Services must inspect school buildings and construction or alteration work when needed for enforcement and safety. Local education or municipal bodies must ensure continuous inspection during construction or alteration by an inspector acceptable to the architect or structural engineer and the Department.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81143. The State Department of General Services shall make such inspection of the school buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this article and the protection of the safety of the students, the instructors, and the public. The community college district, city, city and county, or the political subdivision within the jurisdiction of which any school building is constructed or altered shall provide for and require competent, adequate, and continuous inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer and the Department of General Services. The inspector shall act under the direction of the architect or structural engineer as the board may direct, and be responsible to the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  115. 81144.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    A person who knowingly violates this article or makes a false statement in a required verified report or affidavit commits a felony.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81144. Any person who knowingly violates any of the provisions of this article or fraudulently makes any false statement in any verified report or affidavit required pursuant to this article, is guilty of a felony. (Amended by Stats. 1981, Ch. 470, Sec. 219.)
  116. 81146.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    A public school building approved by the Department of General Services for occupancy is treated as meeting local building requirements for use as a private school.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81146. Any public school building which has been approved by the Department of General Services for occupancy shall be deemed to meet the local building requirements for use as a private school. (Enacted by Stats. 1976, Ch. 1010.)
  117. 81147.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Department of General Services must certify qualifying completed school buildings, may review records and request extra tests if final reports are missing for certain reasons, and the community college district must pay the department’s costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81147. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed, the notice of completion is filed, and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to and on file with the Department of General Services, and all required fees paid by the community college district, the department shall issue a certification that the school building complies with the requirements of this article. Nothing in this article shall prevent beneficial occupancy by a community college district prior to the issuance of this certification. (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section 81141, have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of any persons required to file such reports, the Department of General Services shall, upon written request of the community college district, review all of the project records and make such examinations as it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the community college district to have made, reported, and verified any other tests and inspections which the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the community college district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the community college district. (d) This section shall not relieve any individual of his or her responsibility to file verified reports, as required in Section 81141, or any other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 81144. (Added by Stats. 1982, Ch. 735, Sec. 4.)
  118. 81149.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    A community college district may acquire or buy certain pre-existing facilities for school use if the board’s required findings are made, and the Department of General Services reviews the engineering report within 45 working 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Approvals [81130 - 81149] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81149. (a) Notwithstanding any provision of law, a community college district may acquire for use any facility previously used by the United States military and closed as a result of action by the federal Defense Base Closure and Realignment Commission, or purchase any offsite building constructed prior to January 1, 1998 that meets the structural requirements of the 1976 Uniform Building Code, or subsequent additions to that code, but that does not meet the requirements of Section 81130, for use as a school building, as defined in Section 81130.5, if the governing board of the district finds that all of the following conditions have been met: (1) A structural engineer has inspected the building or facility and submitted a report to the governing board of the community college district that certifies that the building or facility is in substantial compliance with the requirements of this article, or describes in detail any structural modifications necessary to render the building or facility in substantial compliance with this article. For purposes of this section, substantial compliance with this article means that the building or facility is likely to resist, without catastrophic collapse, earthquake forces generated by major earthquakes of the intensity and severity of the strongest experienced in California, but may experience some reparable architectural or structural damage. This requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building or facility, to the extent those items are available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure’s welds, anchor bolts, and other structural elements. (C) He or she has observed that the nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. (2) The governing board of the community college district shall forward the report submitted pursuant to paragraph (1) to the Department of General Services for its review. Within 45 working days, the Department of General Services shall review the report for compliance with the above requirements, to provide feedback to the structural engineer regarding any insufficiencies with the report, and to determine whether or not the building or facility is in substantial compliance with the requirements of this article, or whether any proposed structural modifications will render the structure in substantial compliance with this article. If the Department of General Services does not respond within 45 working days of the submission of the final and complete report, the department will be deemed to have concurred with the structural engineer’s report. If structural modifications are necessary to achieve substantial compliance with this article, plans shall be submitted to the department for review and approval. Construction shall be completed in compliance with the continuous inspection requirements of this article. (b) (1) No member of the governing board of a community college district, and no employee of a community college district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the community college district purchased a building or facility pursuant to this subdivision for a school and the building or facility was not constructed pursuant to the requirements of Section 81130. (2) The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) does not limit the liability of the community college district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the community college district used a building or facility pursuant to this subdivision for a school if the building or facility was not constructed pursuant to the requirements of Section 81130. The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) does not limit the liability of the community college district, the governing board, or the district’s employees pursuant to Section 835 of the Government Code. (3) Section 81144 is not applicable to a person who, pursuant to this section, purchases a building or facility that meets the requirements of this section but does not meet the requirements of Section 81130. Approval and use of a building or facility pursuant to this section does not violate this article. (Amended by Stats. 2000, Ch. 135, Sec. 54. Effective January 1, 2001.)
  119. 81160.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    This section limits when the article applies to certain offsite buildings and defines “school building” for 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 81160. (a) The provisions of this article do not apply to an offsite building during the time the building is used wholly or in part for community college purposes if the building is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the building. For the purposes of this section, an “offsite building” is a building which is situated on land which is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. (b) “School building” as used in this article excludes any building which is used for community college district administrative buildings located on a site separate from the community college campuses of the district, and into which students are not required to enter. (c) “School building” as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (1) any bleacher or grandstand with less than six rows of seats, (2) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and off-campus buildings utilized by adult schools or community colleges for voluntary adult education courses or registered apprentice courses, (3) any swimming pool, or (4) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. If any building so excluded was not constructed in accordance with Article 7 (commencing with Section 81130) of this chapter and was not repaired, reconstructed, or replaced in accordance with this article, there shall be posted in a conspicuous place on the building a public notice stating that the building does not meet the structural standards imposed by law for earthquake safety. (Amended by Stats. 1990, Ch. 1372, Sec. 556.)
  120. 81161.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature states that each community college district governing board should adopt a plan to repair, reconstruct, or replace school buildings not already addressed under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 81161. It is the intent of the Legislature to re-examine the progress under this article from time to time. To enable it to do so, and to expedite the provision of safe educational facilities for California community college students, the Legislature intends that the governing board of each community college district adopt a plan for the orderly repair, reconstruction, or replacement of school buildings not repaired, reconstructed, or replaced in accordance with this article. (Enacted by Stats. 1976, Ch. 1010.)
  121. 81162.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    If a community college school building is found unsafe, the district board must immediately prepare repair or replacement cost estimates and set priorities for fixing, rebuilding, or replacing unsafe buildings.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 81162. Whenever an examination of the structural condition of any school building of a community college district has been made by the Department of General Services, by any licensed structural engineer or licensed architect for the governing board of the district, or under the authorization of law, and a report of the examination, including the findings and recommendations of the agency or person making the examination, has been made to the governing board of the district, and the report shows that the building is unsafe for use, the governing board of the district immediately shall have prepared an estimate of the cost necessary to make repairs to the building or buildings that are necessary, or, if necessary, to reconstruct or replace the building so that the building when repaired or reconstructed, or any building erected to replace it, shall meet those standards of structural safety that are established in accordance with law. The estimate shall be based on current costs and may include other costs to reflect modern educational needs. Also, an estimate of the cost of replacement based on the standards established by the State Allocation Board for area per student and cost per square foot shall be made and reported. The report required by this section shall include a statement that each of the buildings examined is safe or unsafe for school use. For the purpose of this statement, the sole consideration shall be protection of life and the prevention of personal injury at a level of safety equivalent to that established by Article 7 (commencing with Section 81130) of this chapter and the rules and regulations adopted thereunder, disregarding, insofar as possible, building damage not jeopardizing life that would be expected from one disturbance of nature of the intensity used for design purposes in those rules and regulations. The governing board, utilizing the information acquired from the examination and report developed pursuant to this section, shall establish a system of priorities for the repair, reconstruction, or replacement of unsafe school buildings. (Amended by Stats. 1995, Ch. 758, Sec. 112. Effective January 1, 1996.)
  122. 81177.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    This section limits personal liability for certain school-building-related injuries or property damage when the governing board follows the article’s 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 81177. (a) No member of the governing board of a community college district shall be held personally liable for injury to persons or damage to property resulting from the fact that a school building was not constructed under the requirements of Article 7 (commencing with Section 81130), if the governing board complies with this article. A licensed structural engineer or licensed architect, employed by a governing board to examine any school building under this article, shall not be held personally liable for injury to persons or damage to property as a result of the structural inadequacy and failure of a building, if he or she has exercised normal professional diligence in carrying out his or her functions under Article 7 (commencing with Section 81130) and this article. (b) Except as provided in subdivision (a), nothing in this article shall be construed as relieving any member of the governing board of a community college district of any liability for injury to persons or damage to property imposed by law. (Amended by Stats. 1995, Ch. 758, Sec. 113. Effective January 1, 1996.)
  123. 81179.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district lacks funds to repair, reconstruct, or replace certain school buildings, it must apply for needed funds, accept funds disbursed under Chapter 4, and repay those funds under Chapter 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Fitness for Occupancy [81160 - 81179] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 81179. Notwithstanding any other provision of this article or Chapter 4 (commencing with Section 81800), whenever a community college district does not have funds available to repair, reconstruct, or replace the school buildings referred to in this article or Section 16320, the community college district shall apply for the funds as may be necessary to accomplish the repair, reconstruction, or replacement pursuant to Chapter 4. The community college district shall also accept the funds as are disbursed to the district pursuant to Chapter 4, whether or not the funds constitute the maximum amount applied for, and shall repay the funds in accordance with Chapter 4. (Amended by Stats. 1990, Ch. 1372, Sec. 561.)
  124. 81190.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. )

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    A community college district board may sell surplus school sites below fair market value to certain local public entities for park, recreational, or open-space use, if it adopts a resolution and makes the offer 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. ) ## 81190. Notwithstanding the provisions of Article 4 (commencing with Section 81360) of Chapter 2 of this part and in addition to the requirements placed upon community college districts pursuant to Section 54222 of the Government Code, the governing board of any community college district may sell, for less than fair market value, any school site that is deemed to be surplus property of the district, to any park district, city, or county in which the community college district is wholly or partially situated for use or partial use as park or recreational purposes or open-space purposes if the governing board adopts a resolution specifying that it will sell or transfer such property for less than fair market value to such an entity for such a purpose. The offer to sell shall be made in writing, but the terms by which the property may be sold or transferred need not be specifically provided. (Added by Stats. 1977, Ch. 36.)
  125. 81191.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    The governing board of a community college district may sell or transfer the site for cash or other valuable consideration, and it may do so without first getting a vote of the district’s electors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. ) ## 81191. The sale or transfer may be made for cash and other valuable consideration, or for other valuable consideration, as deemed appropriate by the governing board of the community college district. The sale or transfer may be made without first taking a vote of the electors of the district. (Added by Stats. 1977, Ch. 36.)
  126. 81192.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    A community college district must offer surplus land for sale or transfer to specified local public entities and keep the offer open for at least 60 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Sites [81003 - 81192] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Disposal of Sites [81190 - 81192] ( Article 9 added by Stats. 1977, Ch. 36. ) ## 81192. A community college district’s offer to sell or transfer the land shall be made to all park districts, cities, and counties in which the community college district is wholly or partially situated pursuant to this article and shall remain open for not less than 60 days. The sale or transfer shall be made to whichever public entity first accepts the offer, or whichever public entity can negotiate satisfactorily for the purchase or transfer of such surplus land. (Added by Stats. 1977, Ch. 36.)
  127. 81250.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. )

    Verify source ↗

    A community college district board may ask the Board of Governors to waive certain chapter provisions after a public hearing. If the request concerns sale or lease of district real property, the district must give at least 30 days’ written notice of the hearing to nearby local and public housing entities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. ) ## 81250. (a) The governing board of a community college district may, after a public hearing on the matter, request the Board of Governors of the California Community Colleges to waive, insofar as necessary to accomplish the purpose of the waiver request, all or part of any section of this chapter, other than any provision of this article, or any regulation adopted by the Board of Governors that implements a provision of this chapter. (b) If a waiver request involves the sale or lease of district real property, the governing board of a district requesting a waiver shall provide written notice of the public hearing conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to any city, county, park or recreation district, regional park authority, or public housing authority within which the land may be situated. (Added by Stats. 1998, Ch. 657, Sec. 2. Effective January 1, 1999.)
  128. 81252.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. )

    Verify source ↗

    The Board of Governors may approve waiver requests if the waiver promotes efficiency and the public benefit, but it must not approve a waiver unless the district meets four specified 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. ) ## 81252. (a) The Board of Governors of the California Community Colleges may approve any request for waiver upon finding that the waiver would promote efficiency and further the public benefit. Waivers may be approved for purposes including, but not necessarily limited to, joint or shared use of property and facilities and for collaborative partnerships between colleges and other public and private entities. (b) The Board of Governors of the California Community Colleges shall not approve any request for waiver of any provision of this chapter pursuant to Section 81250 unless the district seeking the waiver demonstrates all of the following: (1) The district has provided the written notice required by subdivision (b) of Section 81250. (2) The district, after making a good faith effort, was unable to reach agreement with any public agency that sought to acquire the site pursuant to Section 81363.5. (3) The waiver will not substantially increase state costs or decrease state revenues. (4) The waiver will further the ability of the district to meet the educational needs of the community. (Added by Stats. 1998, Ch. 657, Sec. 2. Effective January 1, 1999.)
  129. 81254.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. )

    Verify source ↗

    The Chancellor of the California Community Colleges must annually report waiver-request information to the Governor and Legislature.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1. General Provisions [81250 - 81254] ( Article 1 added by Stats. 1998, Ch. 657, Sec. 2. ) ## 81254. The Chancellor of the California Community Colleges shall annually report to the Governor and Legislature on the number, types, and disposition of waiver requests submitted pursuant to Section 81250 on or before July 1 for the prior year actions. (Amended by Stats. 2009, Ch. 386, Sec. 15. (AB 1182) Effective January 1, 2010.)
  130. 81300.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1.5. Conveyances [81300 - 81301] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1998, Ch. 657, Sec. 4. )

    Verify source ↗

    The governing board of a community college district must receive and make property conveyances in the district’s 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1.5. Conveyances [81300 - 81301] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1998, Ch. 657, Sec. 4. ) ## 81300. The governing board of a community college district shall receive in the name of the district conveyances for all property received and purchased by it, and shall make in the name of the district conveyances of all property belonging to the district and sold by it. (Enacted by Stats. 1976, Ch. 1010.)
  131. 81301.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1.5. Conveyances [81300 - 81301] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1998, Ch. 657, Sec. 4. )

    Verify source ↗

    A community college district governing board may execute and deliver quitclaim deeds, with or without consideration, to adjacent property owners to clear title defects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 1.5. Conveyances [81300 - 81301] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1998, Ch. 657, Sec. 4. ) ## 81301. The governing board of a community college district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the owners of real property adjacent to any real property owned by the district, for the purpose of removing defects in and otherwise clearing up the title to such adjacent real property. (Enacted by Stats. 1976, Ch. 1010.)
  132. 81310.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board may dedicate or convey certain district real property, or easements over district land, without first taking a vote of the district electors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81310. The governing board of a community college district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal corporation thereof, for public street or highway purposes, either with or without consideration and without a vote of the electors of the district first being taken, any real property belonging to the district, either in fee or any lesser estate or interest therein, including abutter’s right of access to any public street or highway; and may dedicate or convey to any public corporation, or private corporation engaged in the public utility business, without a vote of the electors of the district first being taken, an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the community college district, upon such terms and conditions as the parties thereto may agree. (Enacted by Stats. 1976, Ch. 1010.)
  133. 81311.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before any property is dedicated or conveyed, the governing board must approve a resolution in a regular open meeting by a two-thirds vote and set a public hearing at least 10 days later.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81311. Before ordering the dedication or conveyance of any property the governing board shall in regular open meeting by a two-thirds vote of all its members adopt a resolution declaring its intention to dedicate or convey the property. The resolution shall describe the property proposed to be dedicated or conveyed in such manner as to identify it, and shall specify the purposes for which and the terms upon which it will be dedicated or conveyed, and shall fix a time not less than 10 days thereafter for a public meeting of the governing board to be held at its regular place of meeting for a public hearing upon the question of making the dedication or conveyance. (Enacted by Stats. 1976, Ch. 1010.)
  134. 81312.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board must give notice of the resolution meeting by posting signed copies in three public places in the district at least 10 days before the meeting and by publishing the notice once at least 5 days before the 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81312. Notice of adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the members of the board, or by a majority thereof, in three public places in the district not less than 10 days before the date of the meeting, and by publishing the notice once not less than five days before the date of the meeting in a newspaper of general circulation, published in the district, if there is one, or, if there is no such newspaper published in the district, then in a newspaper published in the county in which the district or any part thereof is situated and having a general circulation in the district. (Enacted by Stats. 1976, Ch. 1010.)
  135. 81313.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must hold the public hearing at the time and place set in the resolution, and it may later adopt a resolution to authorize execution and delivery of a deed if no protest is entered.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81313. At the time and place fixed in the resolution for the meeting of the governing board the public hearing shall be held, and the governing board may at the meeting, or at any other meeting of the governing board held within 60 days thereafter, unless a protest is entered, adopt a resolution by a two-thirds vote of all its members authorizing and directing the president of the governing board, or any other presiding officer, or the secretary, or the members thereof, to execute a deed of dedication or conveyance of the property and to deliver it. Upon the delivery and acceptance of the deed the dedication or conveyance is fully effective. (Enacted by Stats. 1976, Ch. 1010.)
  136. 81314.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A protest petition may be filed if it is signed by at least 10% of the district’s qualified electors. If a protest is filed, the governing board must submit the matter to the board of governors, whose decision is final. The board may proceed only if the board of governors approves.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81314. A petition protesting against the proposed dedication or conveyance signed by at least 10 percent of the qualified electors of the district, as shown by the affidavit of one of the petitioners, may be filed with the governing board at the meeting held at the time and place fixed in the resolution. If a protest is filed, the governing board, before taking any further action on the proposed dedication or conveyance, shall submit the question of whether the proposed dedication or conveyance should be made, to the board of governors whose decision is final. If the board of governors approves the proposed dedication or conveyance, the governing board may proceed with the dedication or conveyance. If the board of governors does not approve the proposed dedication or conveyance, no further proceedings shall be had thereon. (Amended by Stats. 1995, Ch. 758, Sec. 114. Effective January 1, 1996.)
  137. 81315.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district must improve and dedicate affected real property, it can satisfy this article by posting a notice of intention to convey before the conveyance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 2. Dedication of Real Property [81310 - 81315] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 81315. Whenever community college districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a school site or forming an intersection at a school site location, and when such street or highway rights-of-way are being conveyed to the city or county or by the city or county to the community college district, the requirements of this article shall be deemed satisfied solely by posting a notice of intention to convey in an appropriate location before conveyance. (Enacted by Stats. 1976, Ch. 1010.)
  138. 81330.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may enter leases and agreements for real property and buildings used by the district under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81330. Any community college district may enter into leases and agreements relating to real property and buildings to be used by the district pursuant to this article. As used in this article, “building” includes (a) one or more buildings located or to be located on one or more sites; (b) the remodeling of any building located on a site to be leased pursuant to this article; (c) onsite and offsite facilities; utilities or improvements which the governing board determines are necessary for the proper operation or function of the school facilities to be leased. It also includes the permanent improvement of school grounds. As used in this article, “site” includes one or more sites, and also may include any building or buildings located or to be located on a site. (Enacted by Stats. 1976, Ch. 1010.)
  139. 81331.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In this article, “lease or agreement” includes a lease purchase 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81331. As used in this article “lease or agreement” shall include a lease purchase agreement. (Enacted by Stats. 1976, Ch. 1010.)
  140. 81332.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before leasing or making an agreement under this article, a community college district board must have a suitable site, comply with site-selection and approval laws, and have approved plans and specifications for the building.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81332. Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall have available a site upon which a building to be used by the district may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites, and it shall have prepared and shall have adopted plans and specifications for such building which have been approved pursuant to Article 7 (commencing with Section 81130) of Chapter 1 of Part 49. A district has a site available for the purposes of this section if it owns a site or if it has an option on a site which allows the community college district or the designee of the district to purchase the site. Any community college district may acquire and pay for an option containing such a provision. (Amended by Stats. 1982, Ch. 251, Sec. 15. Effective June 11, 1982.)
  141. 81334.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Sections 81360 to 81378 do not apply to leases made under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81334. Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.)
  142. 81335.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may lease district property for at least $1 a year if the lease requires construction of building(s) for district use and title to the building passes to the district at the end of the term.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81335. The governing board of a community college district may let, at a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property which belongs to the district if the instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the community college district during the term thereof, and provides that title to such building shall vest in the community college district at the expiration of such term. Such instrument may provide for the means or methods by which such title shall vest in the community college district prior to the expiration of such term, and shall contain such other terms and conditions as the governing board may deem to be in the best interest of the community college district. (Enacted by Stats. 1976, Ch. 1010.)
  143. 81336.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may lease a building to be constructed on a designated site for district use, but must use the lowest responsible bidder and publish bid notice 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81336. The governing board of a community college district may enter into an agreement with any person, firm, or corporation under which such person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the district upon a designated site and lease such building and site to the district. Such instrument shall provide that the title to such building and site shall vest in the district at the expiration of such lease, and may provide the means or method by which the title to the building and site shall vest in the district prior to the expiration of such lease, and shall contain such other terms and conditions as the governing board of the district deems to be in the best interest of the district. The agreement entered into shall be with the lowest responsible bidder who shall give such security as the board requires. The board may reject all bids. For the purpose of securing bids the board shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no such paper, then in some paper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (Enacted by Stats. 1976, Ch. 1010.)
  144. 81344.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must adopt a resolution, hold a public meeting on sealed proposals, and accept the lowest qualifying rental proposal or reject all bids.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81344. After the governing board of a community college district has complied with Section 81332, it shall, in a regular open meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article. The resolution shall describe, in such manner as to identify it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if such is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the community college district will lease the building or site and building, as the case may be, and shall state that the proposals submitted therefor shall designate the amount of rental, which shall be annual, semiannual, or monthly, to be paid by the community college district for the use of the building, or building and site, as the case may be. The resolution shall fix a time, not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to enter such a lease or agreement with the community college district will be received from any person, firm, or corporation, and considered by the governing board. Notice thereof shall be given in the manner provided in Section 81368. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to enter a lease or agreement and which are made by responsible bidders, the proposal which calls for the lowest rental shall be finally accepted, or the board shall reject all bids. The board is not required to accept a proposal, or else reject all bids, on the same day as that in which the proposals are opened. (Enacted by Stats. 1976, Ch. 1010.)
  145. 81345.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board may choose a lease or agreement instead of sealed proposals, but if it does, the resolution must include specified details about the site, building, lease term, and rent; nonprofit-built buildings must be let to the lowest responsible bidder.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81345. As an alternative to obtaining sealed proposals as required by Sections 81336 and 81344, the governing board, in a public meeting, may adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article with a nonprofit corporation organized under Part 2 (commencing with Section 5110) of, or Part 3 (commencing with Section 7110) of, Division 2 of Title 1 of the Corporations Code, if the articles of incorporation or bylaws of the nonprofit corporation provide: (1) that no person shall be eligible to serve as a member or director of the corporation except a person initially approved by resolution of the governing board of the community college district, and (2) that no part of the net earnings of the corporation shall inure to the benefit of any member, private shareholder, individual, person, firm or corporation excepting only the district. The resolution shall describe, in a manner that identifies it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if such is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the community college district will lease the building, or building and site, as the case may be. Any building constructed by a nonprofit corporation pursuant to a lease or agreement entered into pursuant to this section shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Sections 20671 to 20675, inclusive, of the Public Contract Code. Section 81350 of this code shall apply to this contract. (Amended by Stats. 1995, Ch. 758, Sec. 115. Effective January 1, 1996.)
  146. 81346.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a nonprofit corporation issues debt to finance construction under a lease or agreement under Section 81345, the debt must be sold under Government Code Chapter 10.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81346. Any bonds, notes, warrants or other evidences of indebtedness to be issued by a nonprofit corporation to finance the construction of a building pursuant to a lease or agreement entered into pursuant to Section 81345 shall be sold pursuant to Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  147. 81347.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Specified bonds, notes, warrants, and similar indebtedness, plus their interest, are exempt from state taxation except inheritance, gift, and franchise taxes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81347. All such bonds, notes, warrants or other evidences of indebtedness referred to in Section 81346 and the interest thereon are exempt from all taxation in the state other than inheritance, gift and franchise taxes. (Enacted by Stats. 1976, Ch. 1010.)
  148. 81348.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A building constructed for a community college district under this article is subject to Sections 81130 to 81144.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81348. Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive. (Amended by Stats. 1995, Ch. 758, Sec. 116. Effective January 1, 1996.)
  149. 81349.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain financing provisions, 50% of specified remaining lease payments are treated as outstanding 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81349. For the purposes of Sections 15102 and 15106, 50 percent of any remaining payments for use of the building or site and building which would become due from the district under any leases and agreements entered into by the district pursuant to this article, if such leases and agreements were to run their full term, shall be considered outstanding bonded indebtedness. (Enacted by Stats. 1976, Ch. 1010.)
  150. 81350.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must get prevailing wage rates from the Director of Industrial Relations and include those rates, plus holiday/overtime rates, in the required resolution, notice, lease, or 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81350. The governing board of the community college district shall obtain the general prevailing rate of per diem wages from the Director of the Department of Industrial Relations for each craft, classification or type of workman needed for the construction of the building and shall specify in the resolution and in the notice, required by Section 81344, or in the resolution required by Section 81345 and in the lease or agreement made pursuant to this article, what the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality is for each craft, classification or type of workmen needed for the construction of the building. The holidays upon which such rate shall be paid need not be specified by the governing board, but shall be all holidays recognized in the collective-bargaining agreement applicable to the particular craft, classification or type of workmen employed on the project. Any agreement or lease entered into pursuant to this article shall require that such general prevailing rates will be paid. It shall also require that work performed by any workman employed upon the project in excess of eight hours during any one calendar day shall be permitted only upon compensation for all hours worked in excess of eight hours per day at not less than 11/2 times the basic rate of pay. There may also be included in leases or agreements entered into pursuant to this article any other requirements with respect to matters related to the subject of this section which the governing board deems necessary or desirable. (Amended by Stats. 1977, Ch. 36.)
  151. 81351.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article controls when it conflicts with other laws.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 3. Leasing School Buildings [81330 - 81351] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 81351. The provisions of this article prevail over any provisions of law which conflict therewith. (Enacted by Stats. 1976, Ch. 1010.)
  152. 81360.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may sell district real property or lease it for up to 99 years, and it can do so without first voting the district electors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81360. The governing board of a community college district may sell any real property belonging to the district or may lease for a term not exceeding 99 years, any real property, together with any personal property located thereon, belonging to the district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession. The sale or lease may be made without first taking a vote of the electors of the district, and shall be made in the manner provided by this article. (Enacted by Stats. 1976, Ch. 1010.)
  153. 81361.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may, by majority vote, delegate leasing power for district real property to a designated officer or employee if the board has set standard lease rates and the district received only one conforming sealed proposal from a responsible bidder.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81361. The governing board of a community college district that has by majority vote established a standard rate or rates for the lease pursuant to this article of its real property may by majority vote delegate to an officer or employee as the governing board may designate, the power to enter into leases, for and in behalf of the district, of any real property of the district, with respect to which real property the district has received only one sealed proposal that conforms with the existing standard rate or rates, from a responsible bidder. (Amended by Stats. 2009, Ch. 390, Sec. 1. (AB 1240) Effective January 1, 2010.)
  154. 81363.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money from a sale or lease with an option to purchase must be used for capital outlay or deferred maintenance, unless a specific exception allows deposit into the district’s general fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81363. The funds derived from the sale or from a lease with an option to purchase shall be used for capital outlay or deferred maintenance; provided, however, that the proceeds of property sold or leased in accordance with subdivision (a) or (b) of Section 81363.5 may be deposited in the general fund of the district if, prior to the sale or lease, the community college district governing board has determined that the district has no anticipated need for additional sites or building construction for the five-year period following the sale or lease. (Amended by Stats. 1984, Ch. 609, Sec. 4. Effective July 19, 1984.)
  155. 81363.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must follow set priorities and notice procedures when selling or leasing real property with an option to purchase.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81363.5. Except as provided for in Article 9 (commencing with Section 81190) of Chapter 1, the sale or lease with an option to purchase of real property by a community college district shall be in accordance with the following priorities and procedures. (a) First, the property shall be offered for park or recreational purposes pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, in any instance in which such article is applicable. (b) Second, the property shall be offered for sale or lease with an option to purchase, at fair market value; (1) In writing, to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, the county and city in which the property is situated, and to any public housing authority in the county in which the property is situated; and (2) By public notice to any public district, public authority, public agency, public corporation, or any other political subdivision in this state, to the federal government, and to nonprofit charitable corporations existing on December 31, 1979, and organized pursuant to Part 3 (commencing with Section 10200) of Division 2 of Title 1 of the Corporations Code then in effect or organized for charitable purposes on or after January 1, 1980, under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Public notice shall consist of at least publishing its intention to dispose of the real property in a newspaper of general circulation within the district, or if there is no such newspaper, then in any newspaper of general circulation that is regularly circulated in the district. The notice shall specify that the property is being made available to all public districts, public authorities, public agencies, and other political subdivisions or public corporations in this state, and to other nonprofit charitable or nonprofit public benefit corporations. Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The written notice required by paragraph (1) of this subdivision shall be mailed no later than the date of the second published notice. The entity desiring to purchase or lease the property shall, within 60 days after the third publication of notice, notify the community college district of its intent to purchase or lease the property. If the entity desiring to purchase or lease the property and the district are unable to arrive at a mutually satisfactory price or lease payment during the 60-day period, the property may be disposed of as otherwise provided in this section. In the event the district receives offers from more than one entity pursuant to this subdivision, the school district governing board may, in its discretion, determine which of the offers to accept. (c) Third, the property may be disposed of in any other manner authorized by law. (Amended by Stats. 1983, Ch. 143, Sec. 84.)
  156. 81364.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A lease may be set on the consideration or rent approved by the governing board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81364. Any lease may be made upon such consideration or for such rental, as is authorized by the action of the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  157. 81365.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before selling or leasing property, the governing board must adopt a resolution and set out key sale or lease terms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81365. Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a resolution, declaring its intention to sell or lease the property, as the case may be. The resolution shall describe the property proposed to be sold or leased in such manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased and the commission, or rate thereof, if any, which the board will pay to a licensed real estate broker out of the minimum price or rental. The resolution shall fix a time not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered. (Enacted by Stats. 1976, Ch. 1010.)
  158. 81366.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying community college district board may use a special notice process to lease real property, must describe the property and lease terms in the notice, and must set a public meeting at least 15 days later.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81366. In lieu of the declaration of intention to lease real property provided in Section 81365, the governing board of a community college district having an average daily attendance of 400,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in such manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its regular place of meeting at which proposal to lease will be received and considered. The governing board by majority vote may adopt a ruling delegating to such officer or employee of the district as the board may designate, authority to perform the duties prescribed in this section. Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.)
  159. 81367.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board may offer a broker commission, but if it does, the commission must be stated in the resolution and can be paid only under stated 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81367. If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, the commission shall be specified in the resolution. No commission shall be paid unless there is contained in or with the sealed proposal that is finally accepted the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the real property. (Amended by Stats. 2009, Ch. 390, Sec. 2. (AB 1240) Effective January 1, 2010.)
  160. 81368.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board must give notice of the resolution adoption and meeting time and place by posting and publishing it within the stated time periods.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81368. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the board or by a majority thereof in three public places in the district, not less than 15 days before the date of the meeting, and by publishing the notice not less than once a week for three successive weeks before the meeting in a newspaper of general circulation published in the county in which the district or any part thereof is situated, if any such newspaper is published therein. (Enacted by Stats. 1976, Ch. 1010.)
  161. 81369.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a governing board unanimously finds a proposed real property lease has monthly rental value of $50 or less, the resolution does not have to be posted and may instead be published before the meeting in specified newspapers.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81369. Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value of the property does not exceed the sum of fifty dollars ($50), the resolution need not be posted and may, before the date of the meeting, be published in two successive issues of a weekly newspaper or in five successive issues of a daily newspaper. The newspaper in which the notice is published shall be one published in the district and having a general circulation there; or if there is no such newspaper, then one having a general circulation in the district; or if there is no such newspaper, then in one having a general circulation in a county in which the district or any part thereof is situated. (Enacted by Stats. 1976, Ch. 1010.)
  162. 81370.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board must open, examine, and ঘোষণা all sealed proposals in public session and generally accept the highest responsible bid, unless all bids are rejected or a waiver 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81370. (a) At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals that have been received shall, in public session, be opened, examined, and declared by the board. Except as provided in subdivision (b), of the proposals submitted that conform to all terms and conditions specified in the resolution of intention to sell or to lease and that are made by responsible bidders, the sealed proposal that is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless the board rejects all of these bids. (b) Notwithstanding subdivision (a), the governing board of any community college district may apply to the Board of Governors of the California Community Colleges for a waiver of the requirement that the governing board accept the highest responsible bid for the sale or lease of real property. The board of governors may grant a waiver pursuant to this subdivision if it determines that the waiver is in the best interests of the community college district. (Amended by Stats. 2009, Ch. 390, Sec. 3. (AB 1240) Effective January 1, 2010.)
  163. 81371.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board of governors may allow a community college district governing board in Orange County to make a negotiated sale of district real property after the bidding process has been opened at least twice and no bids were accepted.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81371.5. Notwithstanding any other provision of this article, the board of governors may authorize the governing board of any community college district within Orange County to enter into a negotiated sale of real property owned by the district if that governing board previously opened the bidding process two or more times to sell the real property and did not accept any bids. (Added by Stats. 1997, Ch. 57, Sec. 1. Effective January 1, 1998.)
  164. 81372.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The governing board may, by majority vote, adopt a rule delegating certain duties to a district officer or employee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81372. (a) The governing board by majority vote may adopt a rule delegating to an officer or employee of the district the authority to perform the duties required to be performed by the governing board under Section 81370. If a delegation rule is adopted pursuant to this subdivision, the resolution required in Section 81365 shall specify, in lieu of the public meeting of the governing board to be held at its regular place of meeting, the place at which the designated officer or employee will receive and open sealed proposals to purchase or lease. (b) All other provisions of this article not in conflict with the delegation of this authority are applicable. However, the final acceptance of a bid, or rejection of all bids, shall be made by the governing board at a public meeting. (Amended by Stats. 2009, Ch. 390, Sec. 5. (AB 1240) Effective January 1, 2010.)
  165. 81374.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing body may make the final acceptance at the same session or at an adjourned session of the same meeting 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81374. The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following. (Enacted by Stats. 1976, Ch. 1010.)
  166. 81375.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing body may reject all bids and withdraw the property from sale or lease if it believes doing so is in the best public interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81375. The governing body may at the session, if it deems it would be for the best public interest, reject any and all bids, and withdraw the property from sale or lease. (Amended by Stats. 2009, Ch. 390, Sec. 7. (AB 1240) Effective January 1, 2010.)
  167. 81376.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When the governing body accepts a bid by resolution, it may direct its president, presiding officer, or members to execute and deliver a deed or lease after the buyer or lessee has performed the required contract terms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81376. Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his contract to be performed concurrently therewith. (Enacted by Stats. 1976, Ch. 1010.)
  168. 81377.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The section says the listed earlier provisions do not stop a community college district governing board from acquiring, leasing, or subleasing property under Military and Veterans Code Section 1261.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81377. Nothing in Sections 81360 to 81363, inclusive, shall prevent the governing board of a community college district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code. (Enacted by Stats. 1976, Ch. 1010.)
  169. 81378.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board may lease certain unused property for up to 14 calendar days per 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81378. The governing board of a community college district, without complying with any other provision of this article, may lease in the name of the district any buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon terms and conditions agreed upon by the governing board of the district and the lessee for a period not exceeding 14 separate or consecutive calendar days, or portions of those days, in each fiscal year. (Amended by Stats. 2006, Ch. 134, Sec. 1. Effective January 1, 2007.)
  170. 81378.1.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may lease certain district property not needed for academic activities, but must give public notice, describe the proposed lease and rate-setting method, and include rescission and zoning-related 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81378.1. (a) The governing board of a community college district may, without complying with any other provision of this article, let, in the name of the district, any buildings, grounds, or space therein, together with any personal property located thereon, not needed for academic activities, upon the terms and conditions agreed upon by the governing board and the lessee for a period of more than five days but less than five years, as determined by the governing board. Before executing the lease, the governing board shall include in an agenda of a meeting of the board open to the public a description of the proposed lease and an explanation of the methodology used to establish the lease rate and for determining the fair market value of the lease. (b) The governing board shall give public notice before taking any action pursuant to subdivision (a). The notice shall include a description of the governing board’s intended action. The notice shall be printed once a week for three successive weeks prior to the board meeting described in subdivision (a) in a newspaper of general circulation that is published at least once a week. (c) The governing board shall include, as a condition in any agreement to let any buildings, grounds, or space therein, together with any personal property located thereon, a provision that the agreement shall be subject to renegotiation and may be rescinded after 60 days’ notice to the lessee if the governing board determines at any time during the term of the agreement that the buildings, grounds, or space therein subject to the agreement are needed for academic activities. Any revenue derived pursuant to the agreement shall be retained for the exclusive use of the community college district whose buildings, grounds, or space therein are the basis of the agreement and shall be used to supplement, but not supplant, any state funding. Any buildings, grounds, or space therein let by the district shall be included as space actually available for use by the college in any calculations related to any plan for capital construction submitted to the board of governors pursuant to Chapter 4 (commencing with Section 81800), or any other law. (d) The authority of a governing board under this section does not apply to the letting of an entire campus. (e) The use of any buildings, grounds, or space therein, together with any personal property located thereon, let by the governing board pursuant to this section shall be consistent with all applicable zoning ordinances and regulations. (Amended by Stats. 2013, Ch. 76, Sec. 51. (AB 383) Effective January 1, 2014.)
  171. 81379.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may lease certain district property with a residence on it for up to three months if approved by a two-thirds vote and the property cannot be developed because funds are unavailable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81379. In addition to any other authority to lease real property, the governing board of a community college district, by a two-thirds vote of its members, may lease, for a term not exceeding three months, district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section. (Enacted by Stats. 1976, Ch. 1010.)
  172. 81380.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may sell or lease a district building and its site if the county board of supervisors approves and the stated 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81380. The governing board of a community college district may, with the approval of the county board of supervisors, sell or lease any building of the district together with the site upon which such building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist: (a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly of persons residing in the community in which the building and site are situated. (b) The building is not suitable for school purposes. (c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to inure to the district reflecting the fair market value of the property, or its fair rental value, as the case may be. (e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site. (Enacted by Stats. 1976, Ch. 1010.)
  173. 81381.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may lease or buy property in an adjoining district for garage, warehouse, or other utility purposes, and may dispose of it like district property. Eminent domain does not apply, and purchases need approval from the board of the district where the property is located.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81381. The governing board of a community college district may lease property in an adjoining district for garage, warehouse, or other utility purposes or may purchase property in an adjoining district for such purposes and may dispose of such property in the same manner as property within the boundary of the district is purchased and disposed of. The power of eminent domain shall not be applicable and such acquisitions by purchase shall be subject to the approval of the governing board of the community college district in which the property is located. (Enacted by Stats. 1976, Ch. 1010.)
  174. 81382.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A failure to comply with this article does not invalidate a real-property transfer or conveyance to a purchaser or encumbrancer for value.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81382. The failure to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Enacted by Stats. 1976, Ch. 1010.)
  175. 81390.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may lease or make agreements for jointly used real property and buildings, and the section defines “building” for 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81390. Any community college district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, or corporation pursuant to this article. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be occupied jointly by the district and private person, firm, or corporation. It also includes the permanent improvement of school grounds. Any building, or portion thereof, which is used by a private person, firm, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated. Section 53094 of the Government Code shall not be applicable to uses of school district property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes. (Amended by Stats. 1977, Ch. 36.)
  176. 81391.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before a community college district board enters a lease or agreement under this article, it must own a suitable site and comply with site selection and approval laws.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81391. Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the district and private person, firm, or corporation may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites. (Enacted by Stats. 1976, Ch. 1010.)
  177. 81392.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s lease or agreement under this article cannot have a term longer than 66 years.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81392. The term of any lease or agreement entered into by a community college district pursuant to this article shall not exceed 66 years. (Enacted by Stats. 1976, Ch. 1010.)
  178. 81393.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Sections 81360 to 81378 do not apply to leases made under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81393. Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.)
  179. 81394.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may lease district real property for joint occupancy if the lease requires construction of joint-use buildings and the district pays no rental fee or other charge for using the building.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81394. The governing board of a community college district may let to any private person, firm, or corporation, any real property which belongs to the district if the instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the district and the private person, firm, or corporation during the term of the agreement; provided that title to that portion of the building to be occupied by the private individual, firm or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to such portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the district; provided further that no rental fee or other charge for the use of the building shall be paid by the district. (Enacted by Stats. 1976, Ch. 1010.)
  180. 81395.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may lease real property to a private person, firm, or corporation on terms the parties agree to, with limited code-compliance requirements and a stated Article 2 exception.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81395. Any lease of real property by a community college district to a private person, firm, or corporation pursuant to this article shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article; provided, however, that any such lease or agreement shall be subject to the provisions of Article 2 (commencing with Section 72530) of Chapter 5 of Part 45 of this division. (Enacted by Stats. 1976, Ch. 1010.)
  181. 81396.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before making a lease or agreement under this article, the governing board of a community college district must comply with Section 81397.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81396. Before entering into a lease or agreement pursuant to this article, the governing board of a community college district shall comply with the provisions of Section 81397. (Enacted by Stats. 1976, Ch. 1010.)
  182. 81397.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before considering joint-occupancy proposals for a building on school property, the board must adopt a resolution in open meeting, describe the proposed site, state the intended district use, and set a public meeting at least 90 days later.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81397. For the purposes of receiving proposals for the joint occupancy of a building to be constructed on school property, the board shall, in a regular open meeting, adopt a resolution declaring its intention to consider the proposals. The resolution shall describe the proposed site on which the building to be jointly occupied is to be constructed in such a manner as to identify said site, shall specify the intended use of that portion of the building which is to be occupied by the district and shall fix a time not less than 90 days thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which meeting the board shall receive and consider all plans or proposals submitted. (Enacted by Stats. 1976, Ch. 1010.)
  183. 81398.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Notice of the resolution and meeting time and place must be published once a week for three weeks in the proper newspaper.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81398. Notice of adoption of the resolution and the time and place of holding the meeting shall be given by publishing the resolution at least once a week for three weeks in a newspaper of general circulation published in the district if there is one, or if none is published in the district, in a newspaper published in the county. (Enacted by Stats. 1976, Ch. 1010.)
  184. 81399.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board must meet and consider all plans and proposals for joint occupancy at the time and place set by the governing board’s resolution.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81399. At the time and place fixed in the resolution for the meeting of the governing board, the board shall meet and consider all plans and proposals submitted for the joint occupancy of the building to be constructed on the proposed school site. (Enacted by Stats. 1976, Ch. 1010.)
  185. 81400.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The community college district governing board may choose a proposal and sign a contract for it, and must require a performance bond or irrevocable letter of credit from the other contracting party in covered leases or agreements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81400. (a) After considering all proposals submitted, the governing board of the community college district shall have the authority, subject to the provisions of Section 81401, to select the plan or proposal which best meets the needs of the district and to enter into a contract incorporating that plan or proposal either as submitted or as revised by the district’s governing board. (b) The governing board shall require any person, firm or corporation with whom it enters into a lease or agreement pursuant to this article to file one of the following, as determined by the governing board: (1) A bond for the performance of the lease or agreement. (2) An irrevocable letter of credit issued by a state or national bank, or federal or state credit union, for the performance of the lease or agreement. (Amended by Stats. 2001, Ch. 430, Sec. 6. Effective January 1, 2002.)
  186. 81401.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Buildings built for a community college district under this article must comply with Sections 81130 to 81144 and other code provisions about school building structure.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81401. Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive, and all other provisions of this code relating to the physical structure of school buildings. (Amended by Stats. 1995, Ch. 758, Sec. 117. Effective January 1, 1996.)
  187. 81402.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If this article conflicts with other law, this article controls.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 5. Joint Occupancy [81390 - 81402] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 81402. The provisions of this article prevail over any provisions of law which conflict therewith. (Enacted by Stats. 1976, Ch. 1010.)
  188. 81420.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may lease or make an agreement for joint occupancy of its property and buildings, or for sole occupancy by a private education institution, if done under 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 81420. A community college district may enter into a lease or agreement with a city, county, or city and county for the joint occupancy, or a private education institution for its sole occupancy, of the real property and buildings of the district, in accordance with the provisions of this article. (Amended by Stats. 1985, Ch. 293, Sec. 2. Effective July 29, 1985.)
  189. 81421.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article defines “building” to include certain on- and off-site facilities, utilities, and improvements, plus permanent improvement of school grounds, when the parties agree they are appropriate for the building’s joint use.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 81421. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds. (Enacted by Stats. 1976, Ch. 1010.)
  190. 81422.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before leasing or making an agreement under this article, the community college district governing board must decide that the proposed joint use will not disrupt any school or class program or activities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 81422. Prior to entering into a lease or agreement pursuant to this article, the community college district governing board shall determine that the proposed joint occupancy and use of district property or buildings will not interfere with the educational program or activities of any school or class conducted upon the real property or in any such building. (Enacted by Stats. 1976, Ch. 1010.)
  191. 81423.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A lease or agreement under this section must not run for more than five years, and it may be renewed when the term ends.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 6. Joint Use, School Property [81420 - 81423] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 81423. No such lease or agreement shall exceed a term of five years, but may be renewed on the same or different conditions at the end of such term. (Enacted by Stats. 1976, Ch. 1010.)
  192. 81430.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing boards may transfer or lease certain real property to specified public bodies if the property is not needed for school classroom buildings.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81430. The governing boards of any community college district may sell, exchange, grant or quitclaim all or any of its interest in, or may lease for a term not exceeding 99 years, to the federal government or its agencies, to the state, or to any county, city and county, city or special district, or to any other school district, any real property belonging to the district, and which is not or will not at the time of delivery of title or possession be needed for school classroom buildings by the district owning it, as provided in this article. (Enacted by Stats. 1976, Ch. 1010.)
  193. 81431.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may sell, exchange, lease, or grant an interest in real property under Section 81430 on terms the parties agree to, and it may do so without following other code provisions except as this article allows.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81431. Any sale, exchange, lease or grant of an interest in real property by a community college district pursuant to Section 81430 shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.)
  194. 81432.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board may not enter into or participate in a sale, exchange, or lease unless a resolution is unanimously approved and properly published, with notice published weekly for three weeks before the transaction or lease execution.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81432. The board shall not enter into and be a party to any such sale, exchange, or lease unless the following conditions have been met: (a) A resolution authorizing such action and prescribing the terms of the sale, exchange, or lease has been adopted by the unanimous vote of all the members elected or appointed to the board; (b) Such resolution has been published in a newspaper published in the district and having a general circulation there; or if there be no such newspaper, then in a newspaper having a general circulation in the district; or, if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. Notice shall be published no less than once a week for three weeks prior to the making of the sale, exchange, or the execution of the lease by the board. (Enacted by Stats. 1976, Ch. 1010.)
  195. 81433.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district lessee may buy the leased property at an agreed price, and may cancel the lease at the end of any budgetary 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 81433. In any lease made pursuant to this article, it shall be competent to provide that the community college district lessee may purchase the property at an agreed purchase price and that rental paid for the use of the property shall be applied in whole or in part upon the purchase price. The district lessee may cancel the lease at the end of any budgetary year, and in such case shall not be obligated to complete the lease and shall be released from all obligations thereunder. (Enacted by Stats. 1976, Ch. 1010.)
  196. 81440.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 8. Gift or Lease of District Property [81440- 81440.] ( Article 8 added by Stats. 1992, Ch. 39, Sec. 2. )

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    A community college district governing board may not gift district real property, and may not lease district real property below fair rental value unless the recipient fits one of 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 8. Gift or Lease of District Property [81440- 81440.] ( Article 8 added by Stats. 1992, Ch. 39, Sec. 2. ) ## 81440. Notwithstanding any other law, no governing board of a community college district shall do either of the following: (a) Make a gift of district real property to any entity that is not established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45. (b) Lease real property for less than fair rental value, as defined in paragraph (2) of subdivision (c) of Section 82542, to any entity unless the entity meets one of the following conditions: (1) It is established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45. (2) It is described in Section 82537. (3) It is described in Section 72682. (4) It was in existence on August 31, 1980, and has been or is subsequently recognized by the governing board of a community college district as having a formal relationship with, and working on behalf of, the district or a constituent college thereof. (Added by Stats. 1992, Ch. 39, Sec. 2. Effective January 1, 1993.)
  197. 81450.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may sell qualifying personal property, but only after proper notice and by selling to the highest responsible bidder or rejecting all bids.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81450. (a) The governing board of any community college district may sell for cash any personal property belonging to the district if the property is not required for school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. There shall be no sale until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation there; or if there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. The board shall sell the property to the highest responsible bidder or reject all bids. (b) The governing board may choose to conduct any sale of personal property authorized under this section by means of a public auction conducted by employees of the district or other public agencies, or by contract with a private auction firm. The board may delegate to the district employee responsible for conducting the auction the authority to transfer the personal property to the highest responsible bidder upon completion of the auction and after payment has been received by the district. (Amended by Stats. 2006, Ch. 538, Sec. 137. Effective January 1, 2007.)
  198. 81450.5.

    ## 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A community college district may, despite the notice rules in Sections 81450 and 81452, exchange, sell for cash, or donate its personal property if the stated 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81450.5. Notwithstanding Sections 81450 and 81452, a community college district may, without providing the notice required by Section 81450, exchange for value, sell for cash, or donate any personal property belonging to the district if all of the following criteria are met: (a) The district determines that the property is not required for school purposes, that it should be disposed of for the purpose of replacement, or that it is unsatisfactory or not suitable for school use. (b) The property is exchanged with, or sold or donated to, a school district, community college district, or other public entity that has had an opportunity to examine the property proposed to be exchanged, sold, or donated. (c) The receipt of the property by a school district or community college district would not be inconsistent with any applicable districtwide or schoolsite technology plan of the recipient district. (Amended by Stats. 2002, Ch. 88, Sec. 1. Effective January 1, 2003.)
  199. 81451.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may use a county purchasing agent’s services to sell personal property if the county purchasing agent 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81451. Notwithstanding the provisions of Section 81450, the governing board of a community college district may, with the consent of a county purchasing agent, utilize his services for the sale of personal property, as authorized by Section 25505 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  200. 81452.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may allow certain property to be sold without advertising, donated to a charity, or disposed of locally if specified value and vote 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1. ) ## ARTICLE 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81452. (a) If the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of five thousand dollars ($5,000), the property may be sold at private sale without advertising, by any employee of the district empowered for that purpose by the board. (b) Any item or items of property having previously been offered for sale pursuant to Section 81450, but for which no qualified bid was received, may be sold at private sale without advertising by any employee of the district empowered for that purpose by the board. (c) If the board, by a unanimous vote of those members present, finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the board, or it may be disposed of in the local public dump on order of any employee of the district empowered for that purpose by the board. (Amended by Stats. 2002, Ch. 88, Sec. 2. Effective January 1, 2003.)

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