Education Code — Part 47 | EDC — United States — California law | Esheria

Education Code

Part 47 of 57 · provisions 9,201–9,400

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About this statute

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

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Provisions of Education Code

Showing 200 of 11,236

  1. 81453.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1.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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    Money received from a sale must be credited to the fund that originally paid for the property.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ( Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1.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. ) ## 81453. The money received from the sale shall be placed to the credit of the fund from which the original expenditure for the purchase of the property was made. (Enacted by Stats. 1976, Ch. 1010.)
  2. 81454.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 replacement personal property through a bid process, and bidders must agree to buy and remove the replaced property; the board must award to the responsible bidder with the lowest net bid 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 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81454. The governing board of any community college district may dispose of personal property belonging to the district for the purpose of replacement by providing in the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his bid to purchase the property being replaced and to remove it from the school grounds and shall state in his bid the amount which he will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the district. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Enacted by Stats. 1976, Ch. 1010.)
  3. 81455.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 governing board may contract to exchange certain instructional appliances and equipment for new like-kind property without advertising or bidding, if the cost limit is 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. ) ## 81455. The governing board of any community college district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment belonging to the district and used for instructional purposes for new property of like class and kind for a similar use without advertising for or taking bids; provided, the cost to the district for such exchange shall not exceed the excess, if any, of the manufacturer’s or supplier’s selling price of the new property over the original cost to the district of the property being disposed of by the district, plus any applicable tax. (Enacted by Stats. 1976, Ch. 1010.)
  4. 81456.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 require bidders on certain school building work to promise in their bids to buy and remove specified old materials, and the board must award the contract to the lowest responsible net bidder 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 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81456. The governing board of any community college district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering, adding to, or reconstructing existing school buildings, or demolishing existing school buildings, require each bidder for the performance of the work to agree in his bid to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his bid the amount which he will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Enacted by Stats. 1976, Ch. 1010.)
  5. 81457.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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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    The governing board of a community college district may authorize district officers or employees to sell student-made district property to students at the district’s materials cost.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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. ) ## 81457. The governing board of a community college district may authorize any officer or employee of the district to sell to any student personal property of the district which has been fabricated by such student, at the cost to the district of the materials furnished by the district and used therein. (Amended by Stats. 1981, Ch. 470, Sec. 242.)
  6. 81458.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 needed materials to adults in district classes, but only at or above the district’s cost, and the finished article belongs to the person who made 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 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. ) ## 81458. The governing board of a community college district may sell to persons enrolled in classes for adults maintained by the district materials that may be necessary for the making of articles by those persons in the classes. The materials shall be sold at not less than the cost thereof to the district and any article made therefrom shall be the property of the person making it. This section shall become operative January 1, 1992. (Amended (as added by Stats. 1984, 2nd Ex., Ch. 1) by Stats. 1987, Ch. 1118, Sec. 14. Section operative January 1, 1992, by its own provisions.)
  7. 81459.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 sell, give, exchange, and license certain district-prepared published materials, but licensing and pricing are limited by 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 9. Sale of Personal Property [81450 - 81460] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 81459. A community college district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution. A community college district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph. The district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials. Any granting of a license, by a district, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.)
  8. 81460.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 governing board may make agreements with an agricultural cooperative or association to maintain, harvest, or sell agricultural products grown on district land.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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. ) ## 81460. Notwithstanding any other provision of law, the governing board of any community college district owning land upon which agricultural products are grown may enter into agreements with an agricultural cooperative or association for the purpose of maintaining, harvesting or selling such products. (Enacted by Stats. 1976, Ch. 1010.)
  9. 81470.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may exchange its real property for another person’s or private business firm’s real property.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 81470. The governing board of a community college district may exchange any of its real property for real property of another person or private business firm. Any exchange 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 article. (Enacted by Stats. 1976, Ch. 1010.)
  10. 81471.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    Before exchanging real property, the board must approve a resolution by a two-thirds vote declaring its intent to exchange the property.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 81471. Before ordering any exchange of real property the board shall adopt, by a two-thirds vote of its members, a resolution declaring its intention to exchange the property. The resolution shall describe the properties to be exchanged in such manner as to identify them, and the terms and conditions, not including the price, upon which they will be exchanged. (Enacted by Stats. 1976, Ch. 1010.)
  11. 81472.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    For a property exchange, each side must appoint an appraiser, and the county superintendent of schools selects the third appraiser.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 81472. The board and the other party to the exchange each shall appoint one member of a board of appraisers, and the third member shall be selected by the county superintendent of schools. The governing board and the other party to the exchange shall agree on the compensation of the board of appraisers. The amount for the board’s appraiser and one-half of the amount for the appraiser appointed by the county superintendent of schools shall be a legal charge against the funds of the district exchanging the property. The board of appraisers shall make a report to the parties to the exchange and the county superintendent of schools of its determination of the cash values of the properties proposed to be exchanged. The report may provide for payment by one of the parties to compensate for any difference in appraised values of the properties. (Enacted by Stats. 1976, Ch. 1010.)
  12. 81473.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    If the county superintendent of schools approves the appraisers’ report and the resolution terms, the governing board must publish the resolution and a public meeting notice in a county newspaper once a week for two weeks.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 81473. If the county superintendent of schools approves the report of the appraisers and the terms and conditions set forth in the resolution, the governing board shall publish at least once a week for two weeks in a newspaper of general circulation, circulated in the county, the resolution and a notice stating the time and place within the district at which a public meeting of the board will be held to consider the report of the appraisers and the exchange of the real properties described in the resolution. (Enacted by Stats. 1976, Ch. 1010.)
  13. 81474.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    The board must meet and consider the appraisers’ report at the noticed time and place, and it may then order the exchange on the stated terms and 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 10. Exchange of Real Property [81470 - 81474] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 81474. At the time and place fixed in the published notice, the board shall meet and consider the report of the appraisers. It then may order the exchange pursuant to the terms and conditions set forth in the resolution and the report of the appraisers. (Enacted by Stats. 1976, Ch. 1010.)
  14. 81480.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 11. Exchange of Property [81480 - 81481] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may swap certain roadway property for other roadway property if the listed conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 11. Exchange of Property [81480 - 81481] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 81480. The governing board of any community college district which has acquired title to property included within an application which has been approved by the State Allocation Board for state school building aid and which property is to be used as an access roadway to such school site may exchange such property for other property to be used as an access roadway which abuts a state highway, if in the opinion of the Division of Highways in the Department of Public Works there is objection to the first access roadway, and if in the opinion of the governing board the property acquired by such exchange will afford more safety to the students of the district. (Enacted by Stats. 1976, Ch. 1010.)
  15. 81481.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 11. Exchange of Property [81480 - 81481] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may exchange disputed boundary property with an adjoining owner, but only by unanimous vote and for equal value, with value set by three appraisers.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 11. Exchange of Property [81480 - 81481] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 81481. The governing board of any community college district owning real property or any interest or estate therein, a boundary line of which is uncertain or is in dispute, may, by unanimous vote of all the members elected or appointed to the board and without complying with any provision of this code except as provided in this article, exchange with the owner of the adjoining property, which is involved in the uncertainty or dispute, such portion or interest or estate in such school property for property of equal value of such owner adjacent to the property of the district for the purpose of settling such boundary line uncertainty or dispute. The question of value of the properties to be exchanged shall be determined by a panel of three disinterested and qualified real estate appraisers, one appraiser to be appointed by the governing board of the district, one appraiser to be appointed by the owner of the other property involved in the boundary line question, and the two appraisers so appointed to jointly select a third appraiser. One-half of the fee of each of said appraisers and one-half the fee of any surveyor employed to establish lines in connection with the determination of the boundary line uncertainty or dispute shall be a proper charge against the funds of the district, provided that no such appraiser, including the selection of the other party and the selected third appraiser, or surveyor, shall be employed for any purpose herein authorized unless and until a resolution of intention so to employ is adopted by the governing board of the district, and provided further that said resolution shall contain a statement substantially to the effect that the district shall notify any appraiser or surveyor before being so employed that he may collect only one-half his fee from the district. (Enacted by Stats. 1976, Ch. 1010.)
  16. 81490.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing body may rent, lease, or assign certain mutual water company shares for up to one year if specific 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 81490. The governing body of any community college district owning shares of stock in a mutual water company, which stock is not appurtenant to any land, may rent, lease, or assign such shares, for a term not to exceed one year, if the board determines the water to which the district is entitled by ownership of such shares is not required to meet the needs of the district during the term for which it is rented, leased or assigned. (Enacted by Stats. 1976, Ch. 1010.)
  17. 81491.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board may fix the consideration, terms, and conditions for renting, leasing, or assigning shares of stock.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 81491. The rental, lease, or assignment of the shares of stock shall be made upon such consideration, and such terms and conditions, as may be fixed by action of the board. (Enacted by Stats. 1976, Ch. 1010.)
  18. 81492.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Shares of stock may not be rented, leased, or assigned until notice is given in one of the listed ways.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 12. Temporary Transfer of Water Stock [81490 - 81492] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 81492. No rental, lease, or assignment of shares of stock shall be made 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 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. (Enacted by Stats. 1976, Ch. 1010.)
  19. 8150.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    The Chancellor of the California Community Colleges must allocate apprenticeship program funds, and may do so only for this article’s purposes when the Legislature appropriates money.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8150. (a) The Chancellor of the California Community Colleges shall be responsible for allocating funds for apprenticeship programs in good standing and approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the secondary education system. (b) Upon an appropriation by the Legislature, the Chancellor of the California Community Colleges shall allocate funds solely for the purposes of this article consistent with the subdivision (e) of Section 8152. (c) For purposes of this article, a “local educational agency” is defined as a school district or a county office of education. (Amended by Stats. 2013, Ch. 48, Sec. 1. (AB 86) Effective July 1, 2013.)
  20. 8150.5.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    Apprentice attendance is reimbursable only if it is reported separately to the Chancellor of the California Community Colleges.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8150.5. Attendance of apprentices enrolled in any class maintained by a local educational agency, pursuant to Section 3074 of the Labor Code, shall be reimbursed pursuant to Section 8152 only if reported separately to the Chancellor of the California Community Colleges. Attendance reported pursuant to this section shall be used only for purposes of calculating allowances pursuant to Section 8152. (Amended by Stats. 2013, Ch. 357, Sec. 8. (SB 97) Effective September 26, 2013.)
  21. 81500.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 13. Ownership of Fixtures [81500 - 81501] ( Article 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If territory withdrawn from a school district or community college district contains a school building, site, or real property, that property and its fixtures become the property of the district the territory joins when the withdrawal takes effect.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 13. Ownership of Fixtures [81500 - 81501] ( Article 13 enacted by Stats. 1976, Ch. 1010. ) ## 81500. When any territory withdrawn from a school district or community college district pursuant to this code contains a school building, site or real property, the building or site, together with the fixtures thereof, shall, upon the withdrawal of the territory becoming effective, become the property of the district of which the territory becomes a part or the whole. (Enacted by Stats. 1976, Ch. 1010.)
  22. 81501.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 13. Ownership of Fixtures [81500 - 81501] ( Article 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If districts disagree about whether something is a fixture, arbitrators are appointed to decide, and their written decision is binding.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 13. Ownership of Fixtures [81500 - 81501] ( Article 13 enacted by Stats. 1976, Ch. 1010. ) ## 81501. If a dispute arises between the governing boards of the two districts concerned as to what constitutes fixtures, a board of arbitrators shall be appointed who shall determine what articles in a school building located within territory withdrawn from any district are fixtures thereof. The board shall consist of one person selected by the district from which the territory is withdrawn, one person selected by the district of which it has become a part, and a third person appointed by the county superintendent of schools of the county in which the districts are located. The two districts involved may mutually agree that the person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the two districts, and the payment of the portion of the expenses is a legal charge against the funds of the districts. The arbitrator or arbitrators shall proceed to view and examine such property, articles, equipment, and fixtures as they are requested to pass upon by the respective districts and make a written finding as to what property, articles, or equipment constitute fixtures. The written finding and determination of a majority of the board of arbitrators is final and binding upon the districts submitting the question to the board of arbitration. (Enacted by Stats. 1976, Ch. 1010.)
  23. 8151.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    An apprentice or preapprentice in approved local educational agency classes is exempt from any interdistrict attendance agreement for those classes.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8151. An apprentice or preapprentice attending a local educational agency in classes of instruction pursuant to approved standards, as provided under Section 3074 of the Labor Code and in accordance with the requirements of 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. (Amended by Stats. 2018, Ch. 704, Sec. 1. (AB 235) Effective September 22, 2018.)
  24. 81510.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may make a community lease for gas extraction on district lands, if it follows this article, and may set the lease’s terms and 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 81510. The governing board of a community college district may, upon complying with the provisions of this article, enter into and be a party to a community lease to which a city or other public agency and one or more private persons or private agencies are also parties for the leasing of the parcels of lands owned by the district and the other parties for the extraction and taking of gas not associated with oil, on such terms and conditions as the governing board of the district may prescribe. Such lease may be entered into without complying with any provisions of this code except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.)
  25. 81511.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board may not enter into the lease unless a unanimous board resolution has been adopted and published as required.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 81511. The board shall not enter into and be a party to any such lease unless the following conditions have been met: (a) A resolution authorizing such action and prescribing the terms of the 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 of general circulation published in the district, or if there be no such newspaper, in a newspaper having a general circulation in the district, once a week for three weeks prior to the execution of the lease by the board. (Enacted by Stats. 1976, Ch. 1010.)
  26. 81512.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A well for producing gas must not be drilled on district-owned land leased 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 14. Leasing for Production of Gas [81510 - 81512] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 81512. No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.)
  27. 8152.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    This section sets how apprenticeship-related instruction is reimbursed, who the Chancellor must notify and report to, and when reimbursements can be made.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8152. (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 (d). (b) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (c) This section also applies to isolated apprentices, as defined in Section 3074 of the Labor Code, for which alternative methods of instruction are provided. (d) The Chancellor of the California Community Colleges shall make the reimbursements specified in this section for teaching time provided by local educational agencies. (e) The hours for related and supplemental instruction derived from funds appropriated pursuant to subdivision (b) of Section 8150 shall be allocated by the Chancellor of the California Community Colleges directly to participating local educational agencies that contract with apprenticeship programs pursuant to subdivision (f). (f) 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. (g) The initial allocation of hours made pursuant to subdivision (e) for related and supplemental instruction at the beginning of a fiscal year, when multiplied by the hourly reimbursement rate, shall equal 100 percent of the total appropriation for apprenticeships. The Chancellor of the California Community Colleges shall notify participating local educational agencies of the initial allocation within 30 days of the enactment of the annual Budget Act. (h) (1) If funds remain from the appropriation pursuant to subdivision (b) of Section 8150, the Chancellor of the California Community Colleges shall reimburse local educational agencies 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 8154, 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). (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 participating local educational agency: (1) The number of related and supplemental instruction hours allocated to the local educational agency. (2) The number of related and supplemental instruction hours reported by the local educational agency. (3) At the final or recalculation apportionment, the hourly rate paid for related and supplemental instruction hours reported above the local educational agency’s initial allocation of hours for related and supplemental instruction. (Amended by Stats. 2018, Ch. 33, Sec. 1. (AB 1809) Effective June 27, 2018.)
  28. 8152.5.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    The Controller must add enforcement instructions to the audit guide, including procedures for checking whether reported apprenticeship instruction hours qualify for reimbursement. The Chancellor of the California Community Colleges must ensure local educational agencies correct any audit exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8152.5. The Controller shall include instructions necessary to enforce this article in the audit guide required by Section 14502.1. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for related and supplemental instruction reported to each local educational agency by a participating apprenticeship program sponsor, pursuant to Section 8152, are eligible for reimbursement pursuant to Section 8152. The Chancellor of the California Community Colleges shall be responsible for ensuring that local educational agencies have corrected any audit exceptions. (Added by Stats. 2017, Ch. 23, Sec. 1. (SB 85) Effective June 27, 2017.)
  29. 81520.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says Article 15 governs certain lease or lease-purchase transactions for community college district sites, buildings, and facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81520. The provisions of this article shall govern the lease or lease-purchase of sites, buildings, and facilities by the governing board of community college district whenever the district is the lessee or purchaser and the lease or lease-purchase is not subject to Section 18 of Article XVI of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.)
  30. 81521.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “temporary-use building” and “relocatable structure” 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81521. For purposes of this article the following definitions shall govern: (a) “Temporary-use building” is any building for which the intended use by the district at the time of entering into a lease contract or agreement is not for more than three years from the date of first occupancy. (b) “Relocatable structure” is any structure that is designed to be relocated. (Enacted by Stats. 1976, Ch. 1010.)
  31. 81522.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board may lease land, and any lease made under this section must be authorized by resolution adopted by a majority vote of the board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81522. (a) The governing board of a community college district may lease land for a term extending to the expected duration of use by the district. (b) Any lease contract or agreement entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  32. 81523.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may lease temporary-use buildings, but the lease must be approved by board resolution and public notice must be published before the lease is executed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81523. (a) The governing board of a community college district may lease temporary-use buildings for a term extending to the expected duration of use by the district. (b) Any lease agreement or contract entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (c) A governing board of a community college district shall not enter into a lease pursuant to subdivision (a), unless the resolution adopted pursuant to subdivision (b) has been published 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. Notice shall be published no less than once a week for three weeks prior to the execution of the lease by the board. (d) Any temporary-use building in which students are expected to enter and which is leased under one, or successive leases, for a total time in excess of three years, or under a lease-purchase contract, shall be subject to the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of this part. (Amended by Stats. 1979, Ch. 373.)
  33. 81523.5.

    ## 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain temporary use buildings leased by the Los Angeles Community College District are exempt from specified chapter provisions if size, lease term, and entry 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81523.5. (a) Notwithstanding subdivision (d) of Section 81523, in order to adequately assess long-term site viability, any temporary use building that is 50,000 square feet or less which the Los Angeles Community College District leases under one, or successive leases, for a total time of five years or less, and in which students or faculty are expected to enter, shall be exempt from the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1. (b) This section does not apply to a lease with an effective date or effective renewal date that is on or after January 1, 2015. (Added by Stats. 2009, Ch. 390, Sec. 8. (AB 1240) Effective January 1, 2010.)
  34. 81524.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Lease agreements under Section 81523 must meet site-control conditions for any temporary-use 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81524. Any lease contract or agreement entered into pursuant to Section 81523 shall be subject to the condition that the site on which any temporary-use building is located shall be owned by the district, or shall be under the control of the community college district pursuant to a lease or lease-purchase contract or agreement under the terms of which the land is leased to the district for a term at least as long as the intended use of the building, and under conditions that are compatible with the intended use of the building. (Enacted by Stats. 1976, Ch. 1010.)
  35. 81525.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A lease contract or agreement under Section 81523 may allow joint use and occupancy by public or private 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81525. Any lease contract or agreement entered into pursuant to Section 81523 may provide for the joint use and occupancy by any public or private entity. (Enacted by Stats. 1976, Ch. 1010.)
  36. 81526.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may lease relocatable structures for up to 10 years, and any related lease or contract must start with a board resolution adopted by a majority vote.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81526. (a) The governing board of a community college district may lease relocatable structures for a term extending to the expected duration of use by the district, but not to exceed 10 years. (b) Any lease agreement or contract entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  37. 81527.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district lessee may be allowed to buy a relocatable structure in a lease made under Section 81526, at an agreed purchase price.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81527. In any lease made pursuant to Section 81526, it shall be competent to provide that the community college district lessee may purchase the relocatable structure at an agreed purchase price and that rental paid for the use of such structure or building shall be applied in whole or in part upon the purchase price. (Enacted by Stats. 1976, Ch. 1010.)
  38. 81528.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Lease contracts under Section 81526 must meet specified conditions, including special rules for leased relocatable structures and trailer coaches, and the site must be owned or controlled by the community college district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81528. Any lease contract or agreement entered into pursuant to Section 81526 shall be subject to the following conditions: (a) A leased relocatable structure in which students are expected to enter and which is to be used for school purposes for a total time in excess of three years shall be subject to the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of this part. (b) Subdivision (a) of this section shall not apply to trailer coaches used for classrooms or laboratories if such trailer coaches conform to the requirements of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, and the rules and regulations promulgated thereunder concerning mobilehomes, are not expanded or fitted together with other sections to form one unit greater than 16 feet in width, are used for special educational purposes, and are used by not more than 12 students at a time, except that such trailer coaches may be used by not more than 20 students at a time for driver training purposes. (c) The site on which a leased relocatable structure is located shall be owned by the community college district, or shall be under the control of the district pursuant to a lease or a permit. (Amended by Stats. 1979, Ch. 373.)
  39. 81529.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may designate a qualifying building as an offsite location for instruction, and that building is then exempt from certain Article 7 and Article 8 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81529. (a) Notwithstanding any other provision of law to the contrary, the governing board of a community college district may designate a building, which is primarily used for other than public school purposes, as an “offsite location” for the purpose of conducting instruction in educational programs as prescribed by the governing board, provided that such educational programs require an “offsite location” in order to adequately fulfill the objective of the educational program. (b) Any building used as an “offsite location” pursuant to subdivision (a) shall not be subject to Article 7 (commencing with Section 81130) of, or Article 8 (commencing with Section 81160) of, Chapter 1 of this part. (Amended by Stats. 1979, Ch. 373.)
  40. 8153.5.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    For the California Firefighter Joint Apprenticeship Program, certain classes can qualify for funding under Section 8152 if they are held at the workplace and the instructor is qualified as a journeyman and shares supervision of the apprentices with the certified community college or adult education coordinator.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8153.5. For purposes of the California Firefighter Joint Apprenticeship Program, classes of related and supplemental instruction that qualify for funding pursuant to Section 8152 include, but are not limited to, classes that meet both of the following requirements: (a) The classes are 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. (Amended by Stats. 2013, Ch. 48, Sec. 5. (AB 86) Effective July 1, 2013.)
  41. 81530.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board may lease certain buildings, facilities, and property, subject to the stated time and purpose limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81530. The governing board of a community college district may do all of the following: (a) Lease buildings and other facilities, such as administrative offices, warehouses, athletic facilities, outdoor assembly facilities, auditoriums, quarters for adult education, transportation facilities, and communication facilities, for a period of not to exceed 12 years. (b) Lease property from the federal government, the state, or any county, city and county, city, or district for the purpose of constructing school buildings and facilities thereon. (c) Except as otherwise provided, any building leased for a total time in excess of three years, or under a lease-purchase agreement, shall be deemed the construction or alteration of a school building, as those terms are used in Article 7 (commencing with Section 81130). A building or facility used by a community college district under a lease or a lease-purchase agreement into which neither students nor teachers are required to enter and which would be excluded from the meaning of “school building” in Section 81160 shall not be considered to be a “school building” within the meaning of Section 81130.5. (Amended by Stats. 1995, Ch. 758, Sec. 118. Effective January 1, 1996.)
  42. 81530.5.

    ## 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may lease an offsite commercial building for use as a school building if specified safety and 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 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81530.5. (a) Notwithstanding Section 81530, or any other provision of law, a community college district may lease an offsite commercial building 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) The building was constructed in accordance with seismic safety standards for commercial buildings constructed within an earthquake zone. (2) The building permit for the initial construction of the building was issued on or after January 1, 1990. (3) A structural engineer has inspected the building and submitted a report to the governing board of the community college district that certifies that the building is in substantial compliance with the requirements of this article. For purposes of this section, substantial compliance with this article means that the building is likely, without catastrophic collapse, to resist 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 certification 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, 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 deemed necessary for the satisfactory performance of the building. (C) He or she has observed that the overhead nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. (b) The governing board of the community college district shall forward the report submitted pursuant to paragraph (3) of subdivision (a) 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 is in substantial compliance with the requirements of 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. A final decision by the governing board of the community college district to occupy the building for school purposes shall not occur until the governing board has reviewed and considered the feedback of the department, or the 45 workday review period has passed. (c) (1) No member of the governing board of a community college district, nor any 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 used a commercial building pursuant to this subdivision for a school and the building was not constructed under 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) is not intended to 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 commercial building pursuant to this subdivision for educational purposes and the building was not constructed under 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) is not intended to 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, leases or uses a building for a community college building that meets the requirements of this section but does not meet the requirements of Section 81130. Approval and use of a building pursuant to this section does not constitute a violation of this article. (Added by Stats. 1998, Ch. 610, Sec. 2. Effective January 1, 1999.)
  43. 81531.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Lease and lease-purchase agreements made before this article takes effect stay in force, but any renewal is governed by this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81531. Any lease or lease-purchase contract or agreement executed prior to the effective date of this article shall remain in full force and effect. The renewal of such contracts or agreements, however, shall be governed by the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.)
  44. 81532.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section validates prior leases and lease renewals for relocatable structures by community college districts, making them legally effective if they would have been authorized under former law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 81532. Notwithstanding any limitations or requirements imposed by this article upon the leasing or renewal of leasing of relocatable structures on and after August 27, 1974, all acts and proceedings heretofore taken by or on behalf of any community college district for the lease of, or the renewal of a lease of, relocatable structures, including but not limited to trailers, are hereby confirmed, validated and declared to be legally effective and such lease agreements or renewals of such lease agreements are legal, valid and binding obligations if such lease agreements or renewals of such lease agreements would have otherwise been authorized under former Education Code Section 15352 or 15352.5 had such sections not been repealed on August 27, 1974, by Chapter 547 of the Statutes of 1974. (Enacted by Stats. 1976, Ch. 1010.)
  45. 8154.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    The Chancellor of the California Community Colleges must review the state funding needed for certain reimbursements every year and include an estimate in the annual budget.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8154. (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 8152, 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 pursuant to Section 8152 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 8152, any excess shall be allocated to local educational agencies to be used for the purpose of the state general apportionment. (Amended by Stats. 2018, Ch. 33, Sec. 2. (AB 1809) Effective June 27, 2018.)
  46. 8155.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. )

    Verify source ↗

    This section directs state education and apprenticeship officials to create model apprenticeship agreement formats and shared administrative practices, while allowing some local apprenticeship programs to keep their current curriculum and instructors.

    ## 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 8. Apprenticeship Education [8150 - 8155] ( Article 8 added by Stats. 1980, Ch. 750, Sec. 1. ) ## 8155. (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 local educational agencies 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. (c) Apprenticeship programs offered through local educational agencies may maintain their existing curriculum and instructors separate from the requirements of the California Community Colleges. The person providing instruction may be a qualified journeyperson with experience and knowledge of the trade. (Amended by Stats. 2014, Ch. 71, Sec. 29. (SB 1304) Effective January 1, 2015.)
  47. 81550.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may enter into a lease or lease-purchase agreement for equipment or service systems as lessee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 81550. A community college district may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems with any person, firm, corporation or public agency. As used in this article “equipment” includes (1) schoolbuses, (2) other motor vehicles, (3) test materials, educational films, and audiovisual materials, and (4) all other items defined as equipment or service systems in the Community College Budget and Accounting Manual. (Enacted by Stats. 1976, Ch. 1010.)
  48. 81551.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before entering a lease or lease-purchase agreement, the lessee must follow the applicable bidding and contract rules, and each contract must state the outright purchase price and the total cost over the full contract 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 81551. Before a lease or lease-purchase agreement may be entered into, the lessee shall comply with all applicable provisions for bids and contracts prescribed by Article 3 (commencing with Section 81641) of Chapter 3 and by Section 20651 of the Public Contract Code. Each contract shall show the total price for an outright purchase of any item and also its total cost for the entire specified term of the contract. (Amended by Stats. 1995, Ch. 758, Sec. 119. Effective January 1, 1996.)
  49. 81552.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Lease terms for equipment or lease-purchase agreements cannot exceed the item’s estimated useful life or 10 years, and lease renewals are limited to certain leases and a 7% annual rate increase cap.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 81552. The term of any lease or lease-purchase agreement shall not exceed the estimated useful life of the item but in no event shall the term exceed 10 years. A lease, but not a lease-purchase agreement, may be renewable at the option of the lessee and the lessor, jointly, at the end of each term at a rate not more than 7 percent annually above the rate set pursuant to the existing agreement. In no event shall the combined period of the original lease and renewals or extensions exceed 10 years. Any contract for the lease or lease-purchase of equipment or service systems which was in existence prior to the effective date of this act shall remain in effect and such terms are hereby ratified. (Enacted by Stats. 1976, Ch. 1010.)
  50. 81553.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may lease or lease with an option to purchase property it finds is not needed for school purposes, on terms it considers reasonable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 16. Leasing of Equipment [81550 - 81553] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 81553. As a lessor, a community college district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines is not needed for school purposes for a term extending to the end of the expected nonuse of the land, buildings, or equipment and under any conditions it deems reasonable. All such leases and leases with options to purchase to nonpublic agencies or individuals shall comply with the provisions of Sections 81450, 81452, 81453, and 81454. (Enacted by Stats. 1976, Ch. 1010.)
  51. 81560.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. )

    Verify source ↗

    This section defines key terms for the Los Angeles Community College District Affordable Housing Pilot Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. ) ## 81560. For purposes of this article, the following definitions apply: (a) “Affordable housing for students or employees” means a housing development with a majority of its rents restricted to levels that are affordable to low-income students, or employees who are persons and families of low or moderate income. (b) “Low-income student” means a student whose income and asset level does not exceed the level required for the Cal Grant A award or Cal Grant B award. (c) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.)
  52. 81561.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. )

    Verify source ↗

    The Los Angeles Community College District governing board must run a pilot affordable housing program for district students or employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. ) ## 81561. (a) (1) The governing board of the Los Angeles Community College District shall develop and implement a pilot program, pursuant to this article, to provide affordable housing to students or employees of the Los Angeles Community College District. (2) Priority shall be given to low-income students experiencing homelessness for the affordable units of the affordable housing for students or employees. The student’s homelessness status may be verified by a homeless services provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, the Los Angeles Community College District, or a campus of the community college district if it has knowledge of the student’s status. (b) (1) The governing board of the Los Angeles Community College District shall, not later than January 1, 2032, provide a report to the Legislature with findings and recommendations on the success of the program. (2) The report in paragraph (1) shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.)
  53. 81562.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. )

    Verify source ↗

    The district’s governing board may lease or let district property for affordable housing projects, subject to stated conditions, and the lease term may not exceed 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. ) ## 81562. (a) The governing board of the Los Angeles Community College District may let to any nonprofit entity, private person, firm, or corporation, any real property that belongs to the Los Angeles Community College District if the instrument by which the property is let requires the lessee to construct on the demised premises, or provide for the construction on the real property of, a building or buildings for the joint use of the Los Angeles Community College District and the nonprofit entity, private person, firm, or corporation during the term of the lease or agreement if both of the following conditions are met: (1) The title to that portion of the building to be occupied by the nonprofit entity, private person, firm, or corporation remains exclusively the personal property of the nonprofit entity or private party during the term of the lease and the title to the portion of the building to be occupied by the Los Angeles Community College District vests in the Los Angeles Community College District upon completion of the building or buildings and acceptance of the building or buildings by the Los Angeles Community College District. (2) Except as provided in subdivision (b), no rental fee or other charge for the use of the building or buildings is paid by the Los Angeles Community College District. (b) For a lease or agreement entered into pursuant to subdivision (a), if the constructed building or buildings are developed and operated as affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, the Los Angeles Community College District and the nonprofit entity, private person, firm, or corporation may agree to waive the condition that no rental fee or other charge is to be paid by the Los Angeles Community College District for the portion of the building that is for the exclusive use of the Los Angeles Community College District. (c) The Los Angeles Community College District may enter into a lease or agreement with a nonprofit entity, private person, firm, or corporation for the joint occupancy of the real property and buildings of the Los Angeles Community College District, in accordance with this chapter, if the real property and buildings are intended for affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees. (d) A lease or agreement under this article for joint occupancy of real property and buildings of the Los Angeles Community College District that are intended for affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, shall not exceed a term of 66 years. (e) The governing board of the Los Angeles Community College District may lease real property for less than fair rental value, as defined in Section 82542, to any entity that intends to enter into a lease or agreement with the Los Angeles Community College District for joint occupancy of the real property and buildings of the Los Angeles Community College District to develop and operate affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, and the lease or agreement is consistent with Section 6 of Article XVI of the California Constitution. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.)
  54. 81563.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. )

    Verify source ↗

    This article stays in effect until January 1, 2033, 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 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 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] ( Article 17 added by Stats. 2021, Ch. 572, Sec. 1. ) ## 81563. This article shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 17, commencing with Section 81560.)
  55. 81600.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board of a community college district must manage and control school property within its 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81600. The governing board of a community college district shall manage and control school property within its district. (Enacted by Stats. 1976, Ch. 1010.)
  56. 81601.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board of a community college district must maintain and insure district school property, and may also rent it and add other insurance coverage.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81601. The governing board of a community college district shall furnish, repair, insure against fire, and in its discretion rent the school property of its districts. The governing board may also insure the property against other perils. The insurance shall be written in any admitted insurer, or in any nonadmitted insurer to the extent and subject to the conditions prescribed in Section 1763 of the Insurance Code. Insurance on property of a district may be, in the discretion of the governing board, of the deductible type of coverage. By deductible type of coverage is meant a form of insurance under which the insurance becomes operative when the loss and damage exceeds an amount stipulated in the policy or policies. The governing board, in their notice of bid for district construction, may indicate that it may elect to assume the cost of fire insurance by adding the coverage to the district’s existing policy and in such event bids made on such construction shall be made in the alternative, with and without the fire insurance coverage included, and the governing board shall make its election as to who shall secure and pay for such insurance at the time of accepting the bid. The deductible amount of fire insurance for any community college district may exceed one thousand dollars ($1,000) for each occurrence. (Enacted by Stats. 1976, Ch. 1010.)
  57. 81602.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may create and manage certain reserve or self-insurance funds, and the district must get an actuary and publicize the projected annual costs before funding health and welfare benefits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81602. The governing board of a community college district may, by resolution, establish a fund or funds, as designated by the California Community Colleges Budget and Accounting Manual, for losses, and payments including, but not limited to, health and welfare benefits for its employees as defined by Section 53200 of the Government Code, district property, any liability, and workers’ compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed sums, to be provided in the budget of the district, that will create an amount which, together with investments made from the fund or funds, will be sufficient in the judgment of the governing board to protect the district from such losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed as prohibiting the governing board from providing protection against such losses to district property or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers as provided in Section 81601. The fund or funds shall be considered as separate and apart from all other funds of the district, and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets. Warrants may be drawn on or transfers made from the fund or funds so created only to reimburse or indemnify the community college district for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by resolution of the governing board. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the governing board of the district, in securities which are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of and be deposited in the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The governing board may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise and approve claims against the district, its officers or employees, within the limits and for amounts that the governing board may specify, and may provide that the contracting firm may execute and issue checks in payment of such claims, which checks shall be payable only from a trust account which may be established by the governing board. Funds in the trust account established by the board pursuant to the provisions of this section shall not exceed a sum sufficient as determined by the governing board to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of such a claim by the governing board. The contract may also provide that the contracting firm may employ legal counsel, subject to terms and limitations that the board may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising and paying claims referred to said contracting firm by the board for investigation and adjustment, or to represent the board in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the board shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain other terms and conditions that the governing board may consider necessary or desirable to effectuate the board’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the governing board may authorize an employee or employees to perform any or all of the services and functions which the board may contract for under the provisions of this section. As used in this section, “firm” includes a person, corporation, or other legal entity, including a county superintendent of schools. Prior to funding health and welfare benefits pursuant to this section, the community college district shall secure the services of an actuary enrolled under subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, to provide actuarial evaluations of the future annual costs of such benefits. The future annual costs as determined by the actuary shall be made public at a public meeting at least two weeks prior to the commencement of funding health and welfare benefits pursuant to this section. (Amended by Stats. 1981, Ch. 931, Sec. 3.)
  58. 81603.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Two or more community college districts subject to Section 81601 are not barred from carrying out the powers in Section 81602 through a joint powers 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81603. Nothing in the Education Code shall be construed as prohibiting two or more community college districts subject to Section 81601 from performing the powers prescribed in Section 81602, through a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  59. 81605.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain community college districts, a board of education may create a county treasury fund to cover fire losses instead of fire insurance, and the fund must be kept separate and used only for fire-loss reimbursements under required approvals.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81605. In community college districts situated within or partly within cities having a population of over five hundred thousand (500,000) as determined by the 1920 federal census any board of education may establish a fund in the county treasury for the purpose of covering fire losses to school property in lieu of carrying fire insurance in admitted insurers as provided in Section 81601 of this code. In such fund shall be placed such sums, to be provided in the budget of the district, as will create an amount which, together with investments made from such fund, will be sufficient in the judgment of the board of education upon the advice of competent actuaries to protect such board of education against losses by fire on all or any part of the school property within its jurisdiction. Nothing contained herein shall be construed as prohibiting the board of education from providing protection against fire losses partly by means of such fund and partly by means of fire insurance written by admitted insurers as provided in Section 81601. Such fund shall be considered as separate and apart from all other funds of the district and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets or fixing annual tax rates. Warrants shall not be drawn on or transfers made from the fund so created except to reimburse the district for losses by fire and then only after resolution duly adopted by the county board of education based upon findings by competent appraisers. The cash placed in such fund may be invested and reinvested by the county treasurer with the advice and consent of the county board of education in securities which are legal investments for surplus county funds in this state. The income derived from such investments together with interest earned on uninvested funds shall be considered revenue of and be deposited in such fund. The county treasurer shall make quarterly reports to the county board of education as to the condition of the fund, using as a basis for such report the cost or market value, whichever may be the lower, of the securities held as investments plus the cash in such fund. (Enacted by Stats. 1976, Ch. 1010.)
  60. 81606.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district’s governing board may improve nearby streets and public places, build certain infrastructure near district schools or sites, acquire needed property rights, and appropriate money for those improvements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [81600 - 81606] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 81606. The governing board of any community college district may grade, pave, construct sewers, or otherwise improve streets and other public places in front of real property owned or controlled by it, and also may construct in immediate proximity to any school or site owned or controlled by the district, pedestrian tunnels, overpasses, footbridges, sewers and water pipes when required for school or administrative purposes, may acquire property, easements and rights-of-way for such purpose, and may appropriate money to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. (Enacted by Stats. 1976, Ch. 1010.)
  61. 81620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. )

    Verify source ↗

    This article may be cited as the Statewide Energy Management 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. ) ## 81620. This article shall be known, and may be cited, as the Statewide Energy Management Program. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.)
  62. 81621.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Statewide Energy Management Program 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. ) ## 81621. The definitions set forth in this section govern the construction of this article: (a) “Commission” means the State Energy Resources Conservation and Development Commission. (b) “Energy independence” means the utilization of existing and developing technologies to meet energy needs onsite, including, but not necessarily limited to, the utilization of solar, fuel cells, and other renewable and clean onsite energy sources, the optimization of the use of daylighting, the use of passive solar orientation, and the use of construction techniques that minimize energy loss, such as appropriate insulation and lighting fixtures. (c) “Energy management plans” means the plans that community colleges develop with guidance from the Statewide Energy Management Program to implement energy efficiency projects such as sustainable green buildings, renovations, and wind or solar farms that will move the community colleges toward energy independence. (d) “Program” means the Statewide Energy Management Program, established under this article, which is a state program modeled after the Federal Energy Management Program. (e) “Renewable or other distributed energy systems” means alternative efficient sources of energy such as daylighting, photovoltaic panels (rooftops or solar farms), passive solar heating, fuel cells, and steam. Diesel-fueled electric generating systems are not included in this definition. (f) “Sustainable green building” means a building that has been designed to reduce both direct and indirect environmental consequences associated with construction, occupancy, operation, maintenance, and eventual decommissioning, and whose design is evaluated for cost, quality of life, future flexibility, ease of maintenance, energy and resource efficiency, and overall environmental impact, with an emphasis on life-cycle cost analysis. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.)
  63. 81622.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. )

    Verify source ↗

    The Board of Governors must work with the commission to develop statewide energy-management guidelines, and the program must support community colleges in reaching energy independence and meeting specified 2010 targets.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. ) ## 81622. (a) (1) In Executive Order D-16-00, issued August 2, 2000, Governor Davis directed state agencies to design and construct buildings that incorporate energy efficiency, resource conservation, and renewable technologies. In his State of the State Address delivered on January 8, 2001, Governor Davis expressed his support for the goal of moving the California Community Colleges toward energy independence. (2) The Federal Energy Management Program, upon which the State Energy Management Program is modeled, has resulted in approximately four dollars ($4) in savings for every one dollar ($1) spent. The federal investment of two billion dollars ($2,000,000,000) in energy efficiency has resulted in savings of six billion three hundred million dollars ($6,300,000,000) on energy bills. (b) In consultation with the commission, the Board of Governors of the California Community Colleges shall further develop and refine certain guidelines for a Statewide Energy Management Program that have been established under an ongoing joint effort of the commission and DeAnza College. This statewide effort shall allow community college districts to achieve energy independence through the development of energy management plans, the construction of sustainable green buildings, the use of renewable or other distributed energy systems, and the expansion of statewide energy education programs and services. (c) By 2010, the program shall, at a minimum, facilitate the completion of 20 district energy management plans, 15 renewable or other distributed energy systems, and three sustainable green buildings on community college campuses statewide. (d) In consultation with the commission, the board of governors shall accomplish all of the following: (1) Review and comment on academic, occupational, and vocational education materials developed by the commission, the Electric Power Research Institute, public utilities, and the community colleges to improve energy education programs and services. (2) Review and recommend actions regarding successful energy education programs and services that can be identified for replication, personnel exchanges, or implementation of successful practices. (3) Review and recommend actions regarding program resources for use by the community colleges or state agencies in improving energy education programs and services. (4) Review exemplary programs and facilities, and recommend activities for adoption, replication, or policy advice. (5) Review, comment, and recommend actions regarding services that will effect energy conservation. (6) Review and comment on funding requests received to improve or enhance energy education. (7) Review and comment on occupational and vocational training programs and services to meet current employment standards in energy occupations. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.)
  64. 81623.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. )

    Verify source ↗

    The board of governors must encourage sustainable green community college building construction and must immediately seek a prototype green instructional 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. ) ## 81623. The board of governors shall encourage the construction of community college sustainable green buildings that implement energy efficiency, sustainable building concepts, and solar electric, fuel cell, and other technologies. On the effective date of this article, the board of governors shall immediately seek a prototype sustainable green community college instructional building that can be a model for all new construction and retrofit projects statewide. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.)
  65. 81624.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. )

    Verify source ↗

    The Chancellor must create an advisory committee for the Statewide Energy Management Program and set its membership.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] ( Article 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. ) ## 81624. The Chancellor of the California Community Colleges shall establish an advisory committee for the Statewide Energy Management Program, and determine the membership of that committee. The advisory committee, with technical assistance from the commission, shall make recommendations to the chancellor regarding overall program development, resource development and deployment, and strategies for implementation and coordination of the program. A leadership role on this committee shall initially be provided by the staff of the commission and DeAnza College who have been involved since 1992 in a joint effort to promote training, energy efficiency, and energy independence in the California Community Colleges. This leadership role shall rotate to other community colleges as they complete their own district energy management plans. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.)
  66. 81641.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The community college district’s governing board must publish a bid/proposal notice weekly for two weeks, and it may also post the notice on the district website or an electronic portal.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81641. For the purpose of securing bids or proposals, the governing board of the community college district 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 newspaper of general circulation, circulated in the county, and may post on the district’s Web site or through an electronic portal, a notice calling for bids or proposals, stating the work to be done or materials or supplies to be furnished and the time when and the place where bids or proposals will be opened. Whether or not bids or proposals are opened exactly at the time fixed in the public notice for opening bids or proposals, a bid or proposal shall not be received after that time. (Amended by Stats. 2015, Ch. 366, Sec. 1. (AB 653) Effective January 1, 2016.)
  67. 81644.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district may make continuing contracts with an accepted vendor, but work or services and apparatus or equipment contracts may not exceed five years, and materials or supplies contracts may not exceed three 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81644. Continuing contracts for work to be done, services to be performed, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for the district, or for materials or supplies to be furnished or sold to the district may be made with an accepted vendor as follows: for work or services, or for apparatus or equipment, not to exceed five years; for materials or supplies, not to exceed three years. (Enacted by Stats. 1976, Ch. 1010.)
  68. 81645.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may contract with certain low responsible bidders or proposers for specified technology and related services, if it follows board-established procedures and criteria.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81645. The governing board of any community college district may contract with a party who has submitted one of the three lowest responsible competitive proposals or competitive bids for the acquisition, procurement, or maintenance of electronic data processing systems and equipment, electronic telecommunications equipment, supporting software, and related materials, goods, and services, in accordance with procedures and criteria established by the governing board. (Amended by Stats. 2006, Ch. 538, Sec. 138. Effective January 1, 2007.)
  69. 81645.5.

    ## 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

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    A community college district may sell certain equipment only if the purchaser agrees to lease it back to the district, and the governing board may approve the sale and leaseback only after making specific findings by 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81645.5. In addition to utilizing the procedures specified in Article 9 (commencing with Section 81450) of Chapter 2, any community college district may, by direct sale or otherwise, sell to a purchaser any electronic data-processing equipment or other major items of equipment owned by, or to be owned by, the district, if the purchaser agrees to lease the equipment back to the district for use by the district following the sale. The approval by the governing board of the district of the sale and leaseback shall be given only if the governing board finds, by resolution, that the equipment is data-processing equipment or another major item of equipment within the meaning of this section and that the sale and leaseback is the most economical means for providing electronic data-processing equipment or other major items of equipment to the district. (Amended by Stats. 1984, Ch. 173, Sec. 2.)
  70. 81646.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may buy materials, equipment, supplies, or services on the same terms and conditions as a contract lawfully awarded by the University of California or the California State University.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81646. Nothing in this code shall preclude the governing board of a community college district from purchasing materials, equipment, supplies, or services under the same terms and conditions as are specified in a contract lawfully awarded by the University of California or the California State University. (Added by Stats. 2015, Ch. 366, Sec. 2. (AB 653) Effective January 1, 2016.)
  71. 81651.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may buy specified instructional and library materials without getting estimates or advertising for 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81651. The governing board of any community college district may purchase supplementary textbooks, library books, and educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Amended by Stats. 1989, Ch. 1340, Sec. 1. Effective October 2, 1989.)
  72. 81653.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may buy federal surplus property needed for school operations without getting estimates or advertising for 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81653. The governing board of any community college district may purchase from the federal government or any agency thereof any surplus property, as defined in the Surplus Property Act of 1944, in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Enacted by Stats. 1976, Ch. 1010.)
  73. 81655.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board may delegate contract-making power by majority vote, but delegated contracts are not valid until the board approves or ratifies 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81655. Wherever in this code the power to contract is invested in the governing board of the community college district or any member thereof, such power may by a majority vote of the board be delegated to its district superintendent, or to such persons as he may designate, or if there be no district superintendent then to such other officer or employee of the district as the board may designate. Such delegation of power may be limited as to time, money or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board may direct; provided, however, that no contract made pursuant to such delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, said approval or ratification to be evidenced by a motion of said board duly passed and adopted. In the event of malfeasance in office, the district official invested by the governing board with such power of contract shall be personally liable to the district employing him for any and all moneys of the district paid out as a result of such malfeasance. (Enacted by Stats. 1976, Ch. 1010.)
  74. 81656.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board may adopt a rule letting a designated district officer or employee buy supplies and services, but the rule must set limits and cannot allow purchases above the referenced spending cap.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Contracts [81641 - 81656] ( Article 3 added by Stats. 1976, Ch. 1010. ) ## 81656. The governing board by majority vote may adopt a rule, delegating to any officer or employee of the district as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No such rule shall authorize any officer or employee to make any purchases involving an expenditure by the district in excess of the amount specified by Section 20651 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board every 60 days. In the event of malfeasance in office, the community college district officer or employee invested by the governing board with the power to contract shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Amended by Stats. 1985, Ch. 680, Sec. 8.)
  75. 81660.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. )

    Verify source ↗

    A community college district may enter into an energy management agreement for energy management systems.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. ) ## 81660. Any community college district may enter into an energy management agreement for energy management systems with any person, firm, corporation, or public agency pursuant to this article. As used in this article, “energy management systems” means solar, energy, or solar and energy management systems. (Added by Stats. 1983, Ch. 286, Sec. 2.)
  76. 81661.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. )

    Verify source ↗

    A community college district board must consider net cost or savings when choosing the lowest responsible bidder for an energy management system, and it may require an independent evaluation of projected energy savings.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. ) ## 81661. In determining the lowest responsible bidder for an energy management system pursuant to Section 20651 of the Public Contract Code, the governing board of any community college district shall consider the net cost or savings of each system. For the purposes of this section, “net cost or savings” means the cost of the system to the district, if any, less the projected energy savings to be realized from the energy management system. The governing board may require an independent evaluation of the projected energy savings. (Amended by Stats. 1995, Ch. 758, Sec. 120. Effective January 1, 1996.)
  77. 81662.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. )

    Verify source ↗

    An energy management agreement cannot run longer than the system’s estimated useful life, and never more than 15 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. ) ## 81662. The term of any energy management agreement shall not exceed the estimated useful life of the energy management system, but in no event shall the term exceed 15 years. (Added by Stats. 1983, Ch. 286, Sec. 2.)
  78. 81663.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. )

    Verify source ↗

    A community college district board may borrow money for energy-efficiency retrofit projects, and savings associations may lend for that purpose subject to a 5% of total assets cap.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Energy Management Systems [81660 - 81663] ( Article 3.5 added by Stats. 1983, Ch. 286, Sec. 2. ) ## 81663. (a) The governing board of any community college district may borrow funds from federal or state regulated financial institutions for design and construction costs associated with retrofitting buildings to become more energy efficient. The amount borrowed shall not exceed the amount that can be repaid from energy cost avoidance savings accumulated from the improvement of facilities. (b) Any savings association may make loans or advances of credit pursuant to subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings associations are permitted to undertake. (Added by Stats. 1991, Ch. 1038, Sec. 8. Effective October 14, 1991.)
  79. 81670.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may build and operate dormitories for students, and it must set the student rates for those dormitory quarters.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81670. The governing board of any community college district may construct and maintain dormitories in connection with any community college within the district for use and occupancy by students in attendance at the community college, and shall fix the rates to be charged the students for quarters in the dormitories. (Added by Stats. 1982, Ch. 251, Sec. 17. Effective June 11, 1982.)
  80. 81676.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says bookstore employees at a community college are part of the district’s classified service, bookstore net proceeds must benefit the student body, certain spending is allowed, and bookstore funds are subject to audit.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81676. Any person who is employed in a bookstore maintained by a community college pursuant to this section is a member of the classified service of the district in accordance with Section 88020. In the case of a person who, immediately preceding becoming a member of the classified service of a school district pursuant to this section, was employed, other than as a student or substitute employee, in a community college bookstore maintained by a student body organization, such prior service shall, for all purposes, be deemed service in the classified service of the employing community college district. The disposition and accounting of revenue and expenditures of the bookstore operation shall be as prescribed by the California Community Colleges Budget and Accounting Manual. Net proceeds from the operation of a community college bookstore shall be used for the general benefit of the student body as determined by the governing board. Money may be expended for services and property, including, but not limited to, parking facilities, stadia, student centers, student unions, health centers, bookstores or auxiliary facilities for use of students or faculty members of the community college or employees of the district. Funds derived from the operation of a community college bookstore shall be subject to audit pursuant to Section 84040. (Amended by Stats. 1989, Ch. 1340, Sec. 2. Effective October 2, 1989.)
  81. 81677.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may establish and run a fire department on a qualifying campus, but only after written approval from the county local agency formation commission.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81677. The governing board of any community college district may establish and operate a fire department upon any community college campus governed by it and located wholly outside any city, fire protection district or other local agency which provides fire protection service. No such fire department shall be established until the board has first received approval in writing from the local agency formation commission for the county in which all or the major portion of such campus is located. The board of trustees of any district within which the fire department is established pursuant to this section may enter into mutual aid agreements with other governmental agencies providing fire protection, and may contract with owners or occupants of property within the vicinity of the campus on which such department is located for fire protection service, but only during such time as such property is not within the territory of any city, fire protection district or other local agency which provides fire protection service. Any fire department established pursuant to this section may be continued notwithstanding the subsequent annexation of any portion of the campus on which it is located to any city, fire protection district or other local agency providing fire protection service. As used in this section, the operation of a fire department shall be deemed to include the maintenance and operation of ambulances and rescue and first aid services. During the time any department is operated pursuant to this section, the board may on behalf of its fire department maintain membership in any local, state or national group or association organized or operated for the promotion or the preservation of life and property from the hazards of fire and panic. (Enacted by Stats. 1976, Ch. 1010.)
  82. 81678.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts may be reimbursed for equipment related to a facility, and the Board of Governors must adopt implementing regulations by January 1, 1999.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3. Management and Control of Property [81600 - 81678] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Community College Property [81670 - 81678] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 81678. (a) As provided in Section 15792 of the Government Code, community college districts are eligible for reimbursement for the purchase of equipment related to a facility, regardless of whether the facility was built or purchased with funds appropriated by the Legislature and that funding for equipment shall be provided in the same manner as for other community college facilities. (b) On or before January 1, 1999, the Board of Governors of the California Community Colleges 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. 2. Effective January 1, 1998.)
  83. 81700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent for community college districts to use design-build contracts for facilities work and says the process should not change existing legal duties or replace competitive bidding.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81700. (a) It is the intent of the Legislature to enable community college districts to use safe and cost-effective options for building and modernizing community college facilities. The Legislature has recognized the merits of the design-build procurement process in the past by authorizing its use for projects undertaken by the University of California, specified local government projects, including school districts, and state office buildings. (b) The Legislature also finds and declares that community college districts using a design-build contract require a clear understanding of the roles and responsibilities of each participant in the design-build process. The benefits of a design-build contract project delivery system include accelerated completion of the projects, cost containment, reduction of construction complexity, and reduced exposure to risk for the community college district. The Legislature also finds that the cost-effective benefits to the community college districts are achieved by shifting the liability and risk for cost containment and project completion to the design-build entity. (c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building community college construction projects. (d) In addition, it is the intent of the Legislature that the full scope of design, construction, and equipment awarded to a design-build entity under this chapter shall be authorized in a single funding phase. The funding phase may be authorized concurrently with, or separately from, the phase that authorizes the creation of the performance criteria and concept drawings. (e) It is the intent of the Legislature that design-build procurement as authorized by this chapter shall not be construed to extend, limit, or change in any manner the legal responsibility of public agencies and contractors to comply with existing laws. (f) In addition, it is the intent of the Legislature that design-build procurement does not replace or eliminate competitive bidding. (Amended by Stats. 2012, Ch. 736, Sec. 3. (SB 1509) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 81709.)
  84. 81701.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

    Verify source ↗

    This section defines “best value,” “design-build,” and “design-build entity” for this 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81701. As used in this chapter, the following terms have the following meanings: (a) “Best value” means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district. (b) “Design-build” means a procurement process in which both the design and construction of a project are procured from a single entity. (c) “Design-build entity” means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
  85. 81702.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    A community college district governing board may use a design-build contract for a facility project only if specified conditions are met, including a project cost over $2,500,000 and written findings. The board must also review the Section 81706 guidelines and adopt a resolution before contracting. State funds for certain projects may not be spent until required approvals are given.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81702. (a) Upon a determination by a community college district governing board that it is in the best interest of the community college district, the governing board may enter into a design-build contract for both the design and construction of a community college facility if that expenditure exceeds two million five hundred thousand dollars ($2,500,000) if, after evaluation of the traditional design, bid, and build process of community college facility construction and of the design-build process in a public meeting, the governing board makes written findings that use of the design-build process on the specific project under consideration will accomplish one of the following objectives: reduce comparable project costs, expedite the project’s completion, or provide features not achievable through the traditional design-bid-build method. The governing board shall also review the guidelines developed pursuant to Section 81706 and shall adopt a resolution approving the use of a design-build contract pursuant to this chapter prior to entering into a design-build contract. (b) No state funds appropriated for a design-build capital outlay project may be expended until the Department of Finance and the State Public Works Board have approved performance criteria, or performance criteria and concept drawings, for the project to be financed from the appropriation for capital outlay. (Amended by Stats. 2007, Ch. 471, Sec. 7. Effective January 1, 2008. Repealed as of January 1, 2030, pursuant to Section 81709.)
  86. 81703.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    Community college district design-build projects must follow a set procurement process, including a request for proposals, prequalification procedures, and defined award and disclosure steps.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81703. Design-build projects shall progress as follows: (a) (1) The community college district governing board shall prepare a request for proposal setting forth the scope of the project that may include, but is not limited to, the size, type, and desired design character of the buildings and site, performance specifications covering the quality of materials, equipment, and workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the community college district’s needs. The performance specifications and any plans shall be prepared by a design professional duly licensed or registered in this state to perform the services required by the Field Act, as defined in Section 17281. The request for proposal shall not include a design-build-operate contract for educational facilities pursuant to this chapter. (2) Each request for proposal shall do all of the following: (A) Identify the basic scope and needs of the project or contract, the expected cost range, and other information deemed necessary by the community college district to inform interested parties of the contracting opportunity. (B) Invite interested parties to submit competitive sealed proposals in the manner prescribed by the community college district. (C) Include a section identifying and describing the following: (i) All significant factors and subfactors that the community college district reasonably expects to consider in evaluating proposals, including cost or price and all nonprice related factors and subfactors. (ii) The methodology and rating or weighting scheme that will be used by the community college district governing board in evaluating competitive proposals and specifically whether proposals will be rated according to numeric or qualitative values. (iii) The relative importance or weight assigned to each of the factors identified in the request for proposal. (iv) As an alternative to clause (iii), the governing board of a community college district shall specifically disclose whether all evaluation factors other than cost or price, when combined, are any of the following: (I) Significantly more important than cost or price. (II) Approximately equal in importance to cost or price. (III) Significantly less important than cost or price. (v) If the community college district governing board wishes to reserve the right to hold discussions or negotiations with responsive bidders, it shall so specify in the request for proposal and shall publish separately or incorporate into the request for proposal applicable rules and procedures to be observed by the community college district to ensure that any discussions or negotiations are conducted in a fair and impartial manner. (3) Notwithstanding Section 4-315 of Title 24 of the California Code of Regulations, an architect or structural engineer who is party to a design-build entity may perform the services set forth in Section 81138. (b) The community college district shall establish a procedure to prequalify design-build entities based on the requirements specified in subdivision (b) of Section 17250.25. (c) (1) On or after July 1, 2020, a design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the community college district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The community college district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the community college district before July 1, 2020. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) The community college district shall establish a procedure for final selection of the design-build entity. Selection shall be based on either of the following criteria: (1) A competitive bidding process resulting in lump-sum bids by the prequalified or shortlisted design-build entities. Award shall be made on the basis of the lowest responsible bid. (2) Notwithstanding any other provision of this code or of Section 20650 of the Public Contract Code, a community college district may use a design-build competition based upon performance and other criteria set forth by the governing board of the community college district in the solicitation of proposals from prequalified or shortlisted design-build entities. Criteria used in this evaluation of proposals may include, but need not be limited to, the proposed design approach, life-cycle costs, project features, and project functions. However, competitive proposals shall be evaluated by using the criteria and source selection procedures specifically identified in the request for proposal. Once the evaluation is complete, all responsive bidders shall be ranked from the most advantageous to least advantageous to the community college district. A community college district that limits the number of responsible bidders participating in the design-build competition, at any time after a request for a proposal has been issued, shall use the source selection procedures and minimum factors set forth in subparagraph (C). (A) An architectural firm, engineering firm, construction manager, contractor, subcontractor, consultant, or individual retained by the governing board of the community college district directly or indirectly before the award of the project to assist in the planning of the project, including, but not necessarily limited to, the development criteria or preparation of the request for proposal, shall not be eligible to participate in the competition with the design-build entity or to perform work on the project as a subcontractor. (B) The award of the contract shall be made to the responsible bidder whose proposal is determined, in writing by the community college district, to be the best value to the community college district. (C) Proposals shall be evaluated and scored solely on the basis of the factors and source selection procedures identified in the request for proposal. However, the following minimum factors shall each represent at least 10 percent of the total weight or consideration given to all criteria factors: price, technical expertise, life-cycle costs over 15 years or more, acceptable safety record, and, on or before July 1, 2020, skilled labor force availability. (D) The community college district governing board shall issue a written decision supporting its contract award and stating in detail the basis of the award. The decision and the contract file must be sufficient to satisfy an external audit. (E) Notwithstanding any provision of the Public Contract Code, upon issuance of a contract award, the community college district governing board shall publicly announce its awards identifying the contractor to whom the award is made, the winning contractor’s price proposal and its overall combined rating on the request for proposal evaluation factors. The notice of award shall also include the agency’s ranking in relation to all other responsive bidders and their respective price proposals and a summary of the community college district’s rationale for the contract award. (F) For purposes of this chapter, “skilled labor force availability” means that an agreement exists with a registered apprenticeship program that has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code and has graduated apprentices in each of the immediately preceding five years. This graduation requirement shall not apply to programs providing apprenticeship training for any craft that has not been deemed by the Department of Labor and the Department of Industrial Relations to be an apprenticeable craft in the five years before enactment of the act adding this section. (G) For purposes of this chapter, a bidder’s “safety record” shall be deemed “acceptable” if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (H) For purposes of this chapter, when a community college district determines a design-build entity’s “experience,” the community college district shall give credit only to design-build experience and to California school design and construction experience. (Amended by Stats. 2019, Ch. 492, Sec. 1. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 81709.)
  87. 81704.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    This section sets bonding, insurance, subcontracting, retention, and labor-compliance rules for community college district design-build 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81704. (a) Any design-build entity that is selected to design and build a project pursuant to this chapter shall possess or obtain sufficient bonding to cover the contract amount for nondesign services, and errors and omission insurance coverage sufficient to cover all design and architectural services provided in the contract. This chapter does not prohibit a general or engineering contractor from being designated the lead entity on a design-build entity for the purposes of purchasing necessary bonding to cover the activities of the design-build entity. (b) Any payment or performance bond written for the purposes of this chapter shall use a bond form developed by the Department of General Services pursuant to subdivision (g) of Section 14661 of the Government Code. The purpose of this subdivision is to promote uniformity of bond forms to be used on community college district design-build projects throughout the state. (c) (1) All subcontracts that were not listed by the design-build entity in accordance with Section 81703 shall be awarded by the design-build entity in accordance with the design-build process set forth by the community college district in the design-build package. (2) The design-build entity shall do all of the following: (A) Provide public notice of the availability of work to be subcontracted. (B) Provide a fixed date and time on which the subcontracted work will be awarded. (3) Subcontractors bidding on contracts pursuant to this subdivision shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (4) (A) If the community college district elects to award a project pursuant to this section, retention proceeds withheld by the community college district from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (B) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the community college district and the design-build entity. If the design-build entity provides written notice to any subcontractor who is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the community college district and the design-build entity from any payment made by the design-build entity to the subcontractor. (5) In accordance with the provisions of applicable state law, the design-build entity may be permitted to substitute securities in lieu of the withholding from progress payments. Substitutions shall be made in accordance with Section 22300 of the Public Contract Code. (d) (1) For contracts for public works projects awarded before January 1, 2012, the community college district shall establish and enforce a labor compliance program containing the requirements outlined in Section 1771.5 of the Labor Code or shall contract with a third party to operate a labor compliance program containing the requirements outlined in Section 1771.5 of the Labor Code. This requirement shall not apply to projects where the community college district or the design-build entity has entered into a collective bargaining agreement that binds all of the contractors performing work on the project. (2) For contracts for public works projects awarded on or after January 1, 2012, until July 1, 2020, the project shall be subject to the requirements of Section 1771.4 of the Labor Code. (Amended by Stats. 2019, Ch. 492, Sec. 2. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 81709.)
  88. 81705.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    This section requires design-build entities to follow the district’s performance and design standards, bars construction from starting before written plan approval, and sets inspection and licensing 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81705. (a) The minimum performance criteria and design standards established pursuant to this chapter by a community college district for quality, durability, longevity, and life cycle costs, and other criteria deemed appropriate by the community college district shall be adhered to by the design-build entity. Any deviations from those standards may only be allowed by written consent of the community college district. The governing board may, and is strongly encouraged to, retain the services of an architect or structural engineer throughout the course of the project in order to ensure compliance with this chapter. Any architect or structural engineer retained pursuant to this subdivision shall be duly licensed and registered in California. (b) The community college district governing board shall be the employer of the inspector. The project inspector shall be fully independent from any member of the design-build entity and may not have any affiliation with any member of the design-build entity or any of the project subcontractors. The total price of the project shall be determined either upon receipt of the lump-sum bids as set forth in paragraph (1) of subdivision (c) of Section 81703, or by completion of the process pursuant to paragraph (2) of subdivision (c) of Section 81703. (c) The project inspector shall act under the direction of either the Director of General Services or a competent, qualified agent of the community college district. (d) Each contract with a design-build entity shall provide that no construction or alteration of any community college facility pursuant to this section shall commence prior to the receipt of the written approval of the plans, as to the safety of design and construction, from the Department of General Services. Compliance with this provision shall be deemed to be in compliance with Section 81133. (e) The design-build entity shall be liable for building the facility to specifications set forth in the design-build contract in the absence of contractual language to the contrary. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
  89. 81707.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    A community college district governing board that uses the design-build process must send a project report to the Legislative Analyst within 60 days after the project is completed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81707. Each community college district governing board that adopts the design-build process for a project pursuant to this chapter shall submit to the Legislative Analyst a report on the project at the completion of the project. Completion shall have the same meaning as defined in subdivision (c) of Section 7107 of the Public Contract Code. This report shall be submitted within 60 days after completion of the project. The Legislative Analyst shall submit an interim report to the Legislature by January 1, 2005, and a final report to the Legislature by January 1, 2007. The reports shall include, but not be limited to, all of the following information as to each project: (a) The type of facility. (b) The gross square footage of the facility. (c) The company or contractor who was awarded the project. (d) The estimated and actual length of time to complete the project. (e) The estimated and actual project cost. (f) A description of the relative merits of a project procured pursuant to this chapter and similar projects procured pursuant to other provisions of this code. (g) A description of any written protest concerning any aspect of the solicitation, bid, proposal, or award of the design-build project, including the resolution of the protest. (h) Other pertinent information that may be instructive in evaluating whether the design-build method of procurement should be continued, expanded, or prohibited. (i) The findings established pursuant to Section 81702 and a postcompletion evaluation as to whether the findings were achieved. (j) Any Labor Code violations discovered during the course of construction or following completion of the project, as well as any fines or penalties assessed. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
  90. 81708.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    A community college district may not start additional design-build projects if 60 days have passed since finishing a design-build project and the required report has not been filed with the Legislative Analyst’s Office.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81708. A community college district shall not commence any additional design-build projects if 60 days has elapsed after completion of a design-build project without having filed the report to the Legislative Analyst’s Office required pursuant to Section 81707. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
  91. 81709.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. )

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    This chapter expires on January 1, 2030 unless a later statute enacted before that date deletes or extends the sunset 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.5. Design-Build Contracts [81700 - 81709] ( Chapter 3.5 added by Stats. 2002, Ch. 637, Sec. 1. ) ## 81709. This chapter 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. (Added by Stats. 2019, Ch. 492, Sec. 3. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions.)
  92. 81800.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. )

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    This section says the chapter may be cited as the Community College Construction Act of 1980 and states the Legislature’s findings about state support for community college facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81800. (a) This chapter shall be known and may be cited as the Community College Construction Act of 1980. (b) The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to provide assistance to community college districts for the construction of community college facilities. The community college system is of general concern and interest to all the people of the state, and the education of community college students is a joint obligation and function of both the state and community college districts. In enacting this chapter, the Legislature considers that there is a need to provide adequate community college facilities that will be required to accommodate community college students resulting from growth in population and from legislative policies expressed through implementation of the Master Plan for Higher Education. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
  93. 81805.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. )

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    The Board of Governors of the California Community Colleges administers this chapter and must adopt necessary rules, gather statewide facility and construction cost data, and use that data to set cost and construction standards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81805. This chapter shall be administered by the Board of Governors of the California Community Colleges, and for purposes of the administration the board of governors shall adopt all necessary rules and regulations. For purposes of this chapter, the board of governors shall assemble statewide data on facility and construction costs, and on the basis thereof formulate cost standards and construction standards. The formulation of standards shall include also the formulation of average ratios of equipment cost to total project costs, unit equipment costs per faculty or other staff measure, and unit costs related to floor areas. (Amended by Stats. 1990, Ch. 1372, Sec. 566.)
  94. 81807.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. )

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    Funds for a community college district project under this chapter are allocated and paid out only when the Board of Governors orders it, and the Controller issues the related warrants.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81807. Funds appropriated for a project of a community college district for purposes of this chapter shall be allocated and disbursed upon order of the Board of Governors of the California Community Colleges, and by warrants of the Controller issued pursuant thereto. (Amended by Stats. 1990, Ch. 1372, Sec. 568.)
  95. 81808.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. )

    Verify source ↗

    If an existing community college district is included in a newly formed district, unused funds for a finally approved project must be transferred to the new or including district when it becomes effective, or earlier if the districts’ governing boards agree.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 1. Definitions and General Provisions [81800 - 81808] ( Article 1 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81808. In the event an existing community college district is included in a newly formed community college district, any unused funds appropriated or authorized to be appropriated for a finally approved project of the included district pursuant to this chapter shall be transferred to the newly formed or including community college district on the date that such district is effective for all purposes, or prior to such effective date where the governing boards of the districts agree to such earlier transfer. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
  96. 81820.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. )

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    Each community college district board must prepare and submit a capital construction plan, keep it under review and extend it yearly, and send a February 1 report on needed changes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81820. The governing board of each community college district shall prepare and submit to the Board of Governors of the California Community Colleges a plan for capital construction for community college purposes of the district. The plan shall reflect capital construction for community college purposes of the district for the five-year period commencing with the next proposed year of funding. The five-year plan shall be subject to continuing review by the governing board and annually shall be extended one year, and there shall be submitted to the board of governors, on or before the first day of February in each succeeding year, a report outlining the required modifications or changes, if any, in the five-year plan. (Amended by Stats. 1990, Ch. 1372, Sec. 571.)
  97. 81821.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. )

    Verify source ↗

    The five-year capital construction plan must describe the district’s estimated capital construction needs using at least the district’s current enrollment capacity and district office, library, and supporting facility capacities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81821. (a) The five-year plan for capital construction shall set out the estimated capital construction needs of the district with reference to at least both of the following elements: (1) The current enrollment capacity of the district expressed in terms of weekly student contact hours and based upon the space and utilization standards for community college classrooms and laboratories adopted by the board of governors. (2) District office, library, and supporting facility capacities as derived from the physical plant standards for office, library, and supporting facilities adopted by the board of governors. (b) The five-year plan for capital construction may also set out the estimated capital construction needs of the district with reference to other elements, including, but not limited to: (1) The plans of the district concerning its future academic and student services programs, and the effect on estimated construction needs that may arise because of particular courses of instruction or subject matter areas or student services to be emphasized. (2) The enrollment projections for each district formulated by the Department of Finance, expressed in terms of weekly student contact hours. The enrollment projections for each individual college and educational center within a district shall be made cooperatively by the Department of Finance and the Chancellor of the California Community Colleges. (3) An annual inventory of all facilities and land of the district using standard definitions, forms, and instructions adopted by the board of governors. (4) An estimate of district funds that shall be made available for capital outlay matching purposes pursuant to regulations adopted by the board of governors. (Amended by Stats. 2014, Ch. 34, Sec. 15. (SB 860) Effective June 20, 2014.)
  98. 81822.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. )

    Verify source ↗

    The board of governors must review community college districts’ capital construction plans, make appropriate revisions and changes, and notify the district after review.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81822. The board of governors shall review and evaluate the plan for capital construction submitted by the governing board of each community college district in terms of the elements of the capital construction program specified in Section 81821, and shall, on the basis of the review and evaluation, make the revision and changes therein as are appropriate, and notify the district. A similar review and evaluation of continuing five-year plans for capital construction submitted by the governing board of each community college district shall be made. The board of governors shall, promptly after review, notify the governing board of each community college district of the content of the district’s revised plan for capital construction. (Amended by Stats. 1990, Ch. 1372, Sec. 573.)
  99. 81823.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. )

    Verify source ↗

    A community college district may file the capital construction plan by campus or educational center if specified student-service conditions are met, and if it does, it must include justification and documentation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 2. Plans for Capital Construction [81820 - 81823] ( Article 2 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81823. (a) If a community college district maintains colleges, or one college and one or more educational centers, it may additionally submit the plan required by Section 81820 on the basis of each college or educational center maintained by the district, if either of the following circumstances is present such that students will be better served by evaluating the capital outlay program for the district on that basis: (1) the isolation of students within a district in terms of the distance of students from the location of an educational program, or inadequacy of transportation, and student financial inability to meet costs of transportation to an educational program; or (2) the inability of existing colleges and educational centers in the district to meet the unique educational and cultural needs of a significant number of ethnic students. (b) If a district elects to submit such a plan, it shall include therewith justification and documentation for so doing. (c) When a district so elects, the evaluation of the plan pursuant to Section 81822 shall include an evaluation of both of the following: (1) The justification and documentation for so doing, including enrollment projections for individual campuses and centers. (2) The plan as thus submitted. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
  100. 81836.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. )

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    The Board of Governors of the California Community Colleges must review and advise on community college site acquisitions and construction plans, set facility standards, and charge reasonable review fees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81836. The Board of Governors of the California Community Colleges shall: (a) Advise the governing board of each community college district on the acquisition of new college sites, and after a review of available plots, give the governing board of the district in writing a list of the approved locations in the order of their merit, considering especially the matters of educational merit, reduction of traffic hazards, and conformity to the organized regional plans as presented in the master plan of the planning commission having jurisdiction, and charge the governing board of the community college district a reasonable fee as determined by the board of governors for each 10 acres or fraction thereof of schoolsite reviewed. (b) Establish standards for community college facilities. (c) Review plans and specifications for all construction in those community college districts that have submitted plans and specifications therefor to the board of governors for approval. (d) For services rendered for the review of plans and specifications of a proposed project, the board of governors shall charge a reasonable fee as established by it. (e) Approve plans and specifications submitted by governing boards of community college districts, and return without approval and with recommendation for changes, any plans not conforming to established standards. (Amended by Stats. 1990, Ch. 1372, Sec. 577.)
  101. 81837.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. )

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    Community college district governing boards must submit plans to the Board of Governors and get written approval before letting construction contracts of $150,000 or more for new facilities, additions, or alterations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81837. The governing board of each community college district, before letting any contract or contracts totaling one hundred fifty thousand dollars ($150,000), or more, in the erection of any new community college facility, or for any addition to, or alteration of, an existing community college facility, shall submit plans therefor to the Board of Governors of the California Community Colleges, and obtain the written approval of the plans by the board of governors. No contract for construction made by any governing board of a community college district contrary to this section is valid, nor shall any public money be paid for erecting, adding to, or altering any facility in contravention of this section. (Amended by Stats. 1990, Ch. 1372, Sec. 578.)
  102. 81839.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. )

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    A community college district’s governing board may plan a project site and may make an option or lease-option agreement for that site.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 4. Community College Construction Act of 1980 [81800 - 81839] ( Chapter 4 repealed and added by Stats. 1980, Ch. 910, Sec. 2. ) ## ARTICLE 3. Project Proposals [81836 - 81839] ( Article 3 added by Stats. 1980, Ch. 910, Sec. 2. ) ## 81839. The governing board of a community college district may include a proposed site in its plans for a project and may enter into an agreement with the owner of property constituting such proposed site whereby the district, for an annual consideration to be borne by the district, is given an option to purchase, or lease with an option to purchase such property at an unspecified future date, as a building site. The existence of such an agreement shall in no way affect the determination of the share of the cost of the project to be borne by the state under this chapter, and the consideration paid by the district for such option or lease shall not be considered part of the cost of the project in determining the state’s share of the funding thereof. Such option or lease agreement shall constitute an obligation of the district and shall not be construed as in any way creating an obligation on the part of the state. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
  103. 81901.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

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    A community college district board may issue revenue bonds, and the board has broad powers to carry out the chapter, including property acquisition, project operation, rate-setting, eminent domain, and rulemaking.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81901. (a) The governing board of any community college district may issue revenue bonds pursuant to this chapter. (b) The board, for the purpose of this chapter, has power and is hereby authorized, in addition to and amplification of all other powers conferred upon the board by the Constitution of the State of California or by any statute of the State of California: (1) To acquire subject to the state law, by grant, purchase, gift, devise, or lease, or by the exercise of the right of eminent domain, and to hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to this chapter. (2) To construct, operate, and control any project. (3) To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated, or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation which may be entered into by the board with respect to the fixing of these rates, rents, or charges. (4) To enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the board. (5) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project, of acquiring lands for any project, of acquiring, constructing, improving, equipping, or furnishing any project, of refinancing any project, or for any combination of these purposes, which bonds may be secured as provided in this chapter. (6) To exercise, subject to state law, the right of eminent domain for the condemnation of private property or any right or interest therein. (7) To adopt the rules and regulations as may be necessary to enable the board to exercise the powers and to perform the duties conferred or imposed upon the board by this chapter. (8) Nothing contained in this section or elsewhere in this chapter shall be construed directly or by implication to be in derogation of, or in limitation of, the powers conferred upon or existing in the board by virtue of provisions of the Constitution or statutes of this state. (c) The board shall determine the time, form, and manner of the issuance of revenue bonds. (Amended by Stats. 1990, Ch. 1372, Sec. 582.)
  104. 81902.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    This section defines key terms used in the chapter on community college revenue bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81902. The following terms wherever used in this chapter, or in any indenture entered into pursuant to this chapter, have the following meanings, unless a different meaning appears from the context: (a) “Board” means the governing board of a community college district. (b) “Community college” means a community college maintained by the district issuing bonds under this chapter. (c) “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. (d) “Bonds” or “revenue bonds” mean the written evidence of any obligation issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this chapter, in order to obtain funds with which to carry out the purposes of this chapter, irrespective of the form of such obligations. (e) “Revenues” mean and include any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the board from the operation of or arising from a project, including any such revenue as may have been or may be impounded or deposited in any fund in the county treasury created by this chapter for the security of any revenue bonds issued hereunder, or for the purpose of providing for the payment thereof or the interest thereon. (f) “Holder of bonds” or “bondholder” or any similar terms mean any person who is the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any such outstanding revenue bond or bond which shall at the time be registered other than to bearer. (g) “Indentures” mean an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether such agreement is expressed in the form of a resolution of the board or by other instrument. (h) “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any thereof, but does not include the state or any public corporation, political subdivision, city, county, district or any agency thereof or of the state. (i) “County treasurer” means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. (j) “County” means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  105. 81904.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

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    The board’s revenue bond authorization and issuance remain valid even if related project proceedings, contracts, or unfinished projects exist.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81904. The validity of the authorization and issuance of any revenue bonds by the board is not dependent on or affected in any way by: (a) Proceedings taken by the board for the acquisition, construction, or completion of any project or any part thereof. (b) Any contracts made by the board in connection with the acquisition, construction, or completion of any project. (c) The failure to complete any project for which bonds are authorized to be issued. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  106. 81905.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board must issue revenue bonds in its own name, and the bonds must state they are not debts or liabilities of the state or community college district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81905. The board shall issue revenue bonds in its name and as its obligation, but no bond issued or sold pursuant to this chapter shall be or become a lien, charge, or liability against the State of California, against the community college district, or against the board, or against the property or funds of the state, district, or board, except to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued. Every revenue bond issued by the board shall contain a recital on the face thereof, stating that neither the payment of the principal nor any part thereof, nor any interest thereon, constitutes a debt, liability, or obligation of the State of California or of the community college district. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  107. 81907.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The community college board may make indentures for revenue bonds and related coupons. Bond or coupon holders can rely on those indenture provisions and this 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81907. The community college board may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this chapter, and is bound thereby. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  108. 81908.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    An indenture for these bonds may require the board to pay bond debt, operate and maintain the project, protect bondholders, collect sufficient charges, and hold pledged revenues in trust.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81908. (a) An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the board as the board deems necessary or advisable for the better security of the bonds issued thereunder. An indenture may include a clause, relating to the bonds issued thereunder, requiring the board to do any or all of the following: (1) To pay or cause to be paid punctually the principal of all the bonds and the interest thereon on the date or dates, or at the place or places, and in the manner mentioned in the bonds and in the coupons appertaining thereto in accordance with the indenture. (2) To operate the project continuously, to the extent practicable under conditions as they may from time to time exist, in an efficient and economical manner. (3) To make all necessary repairs, renewals, and replacements to any project, and to keep the project at all times in good repair, working order, and condition. (4) To preserve and protect the security of the bonds and the rights of the holders thereof and to warrant and defend these rights. (5) To pay and discharge or cause to be paid and discharged all lawful claims for labor, materials, and supplies or other charges which, if unpaid, might become a lien or charge upon the revenues, or any part thereof, of any project acquired, constructed, or completed from the proceeds of the sale of the bonds, or upon any physical properties, or which might impair the security of the bonds. (6) To fix, prescribe, and collect rates, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds, sufficient to pay the principal of and interest on the bonds as they become due and payable, together with additional sums as may be required for any fund created by this chapter, for the further security of these bonds, or as a depreciation charge or other charge in connection with the project. (7) To hold or cause to be held in trust the revenues or any part of the revenues pledged to the payment of the bonds and the interest thereon, or to any reserve or other fund created by this chapter for the further protection of the bonds, and to apply the revenues or any part of revenues or cause them to be applied only as provided in the indenture. (b) An indenture may also include clauses which do any or all of the following: (1) Limit, restrict, or prohibit any right, power, or privilege of the board to mortgage or otherwise encumber, sell, lease, or dispose of any improvements constructed from the proceeds of the bonds, or to enter into any lease or agreement which impairs or impedes the operation of a project, or any part thereof, necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to these revenues. (2) Define the power of the board in applying the proceedings of the sale of any issue of bonds for the purpose of acquiring, constructing, or completing any project or any part thereof. (3) Limit the power of the board to issue additional bonds for the purpose of acquiring, constructing, or completing any project or any part thereof. (4) Require, specify, or limit the kind, amount, and character of insurance to be maintained by the board on any project, or any part thereof, and the use and disposition of the proceeds of any insurance thereafter collected. (5) Provide the events of default and the terms and conditions upon which any or all of the bonds of the board then or thereafter issued may become or be declared due and payable prior to maturity, and the terms and conditions upon which this declaration and its consequences may be waived. (6) Designate the rights, limitations, powers, and duties arising upon breach by the board of any of the covenants, conditions, or obligations contained in any indenture. (7) Prescribe a procedure by which the terms and conditions of the indenture may be subsequently amended or modified with the consent of the board and the vote or written assent of the holders of a specified principal amount or specified proportion of the bonds issued and outstanding. The clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of an amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto, whether attached thereto or detached therefrom. With respect to any clause providing for the modification or amendment of an indenture, the board may agree that bonds held by the county treasurer, the United States or any instrumentality thereof, or the State of California or any political subdivision thereof (including every municipal corporation, district, public corporation, board, or agency of any kind or class) shall not be counted as outstanding bonds, or be entitled to vote or assent, but shall, nevertheless, be subject to modification or amendment. (8) Provide for other acts and matters as may be necessary, convenient, or desirable in order to better secure the bonds or to make the bonds more marketable. (c) The board may provide in an indenture for the carrying of liability or property or any other insurance in any amount or character it shall determine, and for the payment of the premiums thereon. (d) The board may include in an indenture the limitations as to competitive projects, both as to location and comparative rentals, as may be deemed necessary or desirable for the security of revenue bonds issued pursuant to this chapter. (e) The board may include in an indenture a covenant that no project acquired, constructed, or completed from the proceeds of revenue bonds issued under the provisions of this chapter shall be used without charge therefor or any facilities thereof be furnished free of charge to any person. (Amended by Stats. 1990, Ch. 1372, Sec. 585.)
  109. 81909.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    An indenture may state that bond principal and interest payments are secured by all or part of revenues.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81909. An indenture may provide that payments of principal and interest of bonds shall be secured by all or by part of revenues. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  110. 81925.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The county treasurer must serve as trustee for the board and bondholders. The board may authorize the trustee to act for bondholders and may direct revenue deposits into a separate account, and fund money may be spent only as the indenture 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81925. The county treasurer shall act as trustee for the board and the holders of bonds issued pursuant to this chapter. The board may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. The board may provide in the indenture for the deposit of all revenues received from the project with the trustee to be held in a separate account in the community college dormitory revenue fund of the district created by this chapter. The money in that fund shall be disbursed only as provided in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  111. 81926.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board must set the trustee’s duties and powers for bond issuance and administration.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81926. The board shall prescribe the duties and powers of the trustee with respect to the issuance, authentication, sale, and delivery of the bonds and the payment of principal and interest thereof, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  112. 81927.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may arrange bond issues, issue bonds in series, split an issue into divisions, and set different maturities, interest rates, and other terms. It must provide the bond terms at or before issuance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81927. The board may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of such bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the board at or prior to the issue thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  113. 81928.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds may be issued as coupon bonds or registered bonds, and the board may set how they are interchanged and registered.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81928. Bonds may be issued as coupon bonds or as registered bonds. The board may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the board may determine. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  114. 81929.5.

    ## 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds may bear interest, but the rate cannot exceed 12% per 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81929.5. Bonds shall bear interest at a rate of not to exceed 12 percent per annum, payable annually or semiannually, or in part annually and in part semiannually. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 1.)
  115. 81930.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds can be made callable on terms, notice, and premium set by the board, but not before maturity unless that call right is stated on the bond itself.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81930. Bonds may be callable upon such terms and conditions, and upon such notice, as the board may determine, and upon the payment of such premium as may be fixed by the board in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise the call is expressly stated on the face of the bond. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  116. 81932.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may set how bonds are executed and authenticated, including officer signatures and county treasurer authentication. Officer signatures stay valid even if the officer leaves office before the bonds or coupons are delivered.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81932. The board may provide for the execution and authentication of bonds by the manual, or by lithographed or printed facsimile, signature of officers of the board and by additional authentication by the county treasurer as trustee. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons cease to be officers before the delivery of the bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  117. 81933.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board sets bond dates and maturities, and no bond may mature more than 50 years after its own 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 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81933. Bonds shall bear dates prescribed by the board. Bonds may be serial bonds or sinking fund bonds with such maturities as the board may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date authorized by this section shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  118. 81934.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    After the board adopts a resolution to prepare bonds, the county treasurer must prepare the required bonds in the sizes and specifications set out in that 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81934. Immediately after the adoption of a resolution by the board, directing the preparation of any bonds authorized under this chapter, the county treasurer shall prepare the requisite number of suitable bonds of the denominations and in accordance with the specifications contained in the resolution. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  119. 81935.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The county treasurer must sell duly executed bonds for cash after the board adopts a resolution requesting the sale, and must remove any matured coupons before the sale.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81935. When the bonds authorized to be issued under this chapter are duly executed, they shall be sold by the county treasurer, for cash, in such parcels and numbers as directed by the board, after a resolution requesting the sale has been adopted by the board. Before offering any of the bonds for sale, the treasurer shall detach therefrom all coupons, if any, which have matured or will mature before the day fixed for the sale. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  120. 81936.5.

    ## 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds may be sold publicly or privately, the board may set sale terms, and the county treasurer may sell below par only if authorized by board resolution and the sale does not produce a yield above 12% per 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81936.5. Bonds may be sold at either public or private sale. The board may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The county treasurer, when authorized by resolution of the board, may sell bonds at less than their par or face value, but no bond may be sold at a price below the par or face value thereof which would result in a sale price yielding to the purchaser an average of more than 12 percent per annum, payable semiannually, according to standard tables of bond values. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 3.)
  121. 81937.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may secure bonds and may use certain unrestricted funds or property proceeds to redeem bonds and pay 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81937. The board may provide for the security of bonds. The board may use and expend all or any part of any funds or proceeds of any property owned by it, whether received by gift, appropriation, or otherwise, if not restricted as to the use of such funds or proceeds of property by the terms of any gift or trust or provision of law for the redemption of bonds issued pursuant to the provisions of this chapter and the payment of interest due thereon. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  122. 81938.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bond sale proceeds may be used to pay issuance and sale costs, and to pay bond interest during construction and for up to two years afterward if the indenture 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81938. All costs and expenses incident to the issuance and sale of bonds may be paid out of the proceeds of the sale of the bonds. Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued, and for a period of not to exceed two years thereafter as provided for in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  123. 81939.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may decide that revenue bonds and interest are secured by project revenues and may create a lien on those revenues as provided in the indenture.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81939. The board may provide that the bonds and the interest thereon shall be secured by all or by part of revenues of a project upon the basis of which revenue bonds are issued or authorized to be issued, and shall constitute such lien upon the revenues of such project as may be provided for in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  124. 81940.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may issue temporary or interim bonds, certificates, or receipts while revenue bonds are pending issuance or delivery.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81940. Pending the actual issuance or delivery of revenue bonds, the board may issue temporary or interim bonds, certificates or receipts of any denomination whatsoever, and with or without coupons, to be exchanged for definitive bonds when ready for delivery. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  125. 81941.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may arrange replacement of lost, destroyed, or mutilated bonds or coupons.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81941. The board may provide for the replacement of lost, destroyed, or mutilated bonds or coupons. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  126. 81942.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds issued under this chapter, and the interest or income from them, are exempt from California taxation except gift, inheritance, and estate 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81942. Bonds issued pursuant to the provisions of this chapter and the interest or income therefrom are exempt from all taxation in this state other than gift, inheritance, and estate taxes. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  127. 81943.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds sold and delivered under this chapter are legal investments and may be used as security in the ways described here.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81943. Notwithstanding any other provision of law, all bonds sold and delivered pursuant to this chapter are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds, and any public or private funds which may be invested in county, municipal, or community college district bonds, and may be deposited as security for the performance of any act whenever the bonds of any county, municipality, or community college district may be so deposited, and may also be used as security for the deposit of public moneys in banks in this state. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  128. 81944.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may authorize refunding bonds to redeem or retire revenue bonds, and the chapter’s revenue-bond rules also apply to those refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81944. The board may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued under the provisions of this chapter. All provisions of this chapter applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  129. 81945.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Funding or refunding bonds may be issued in an amount enough to pay the bonds being refunded and related issuance and retirement expenses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81945. Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded thereby, and in addition for the payment of all expenses incident to the calling, retiring, or paying of the outstanding bonds, and the issuance of the funding or refunding bonds. These expenses include the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold, any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale thereof to the date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call thereof or agreement with the holders thereof, and the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing thereon to the date of the call or retirement. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  130. 81946.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bonds issued under this chapter are negotiable instruments, unless they are registered in the name of a registered owner.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81946. All bonds issued under the provisions of this chapter are negotiable instruments, except when registered in the name of a registered owner. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  131. 81947.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Before bonds are issued, the board must adopt a resolution stating the bond purpose and the maximum amount to be issued or sold for that purpose.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81947. Before issuing any bonds pursuant to this chapter, the board shall by resolution declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for that purpose. The bonds shall not be issued or sold for that purpose in an amount exceeding the specified maximum except with the consent of bondholders, pursuant to amendment or modification of an indenture, as provided in Section 81908. Nothing in this section shall be construed to prevent the board from amending any resolution prior to the issuance of bonds authorized thereby to increase or decrease the maximum amount of bonds to be issued or sold. The issuance of bonds for one or more projects may be included in a single resolution of authorization. (Amended by Stats. 1990, Ch. 1372, Sec. 602.)
  132. 81949.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may build projects and buy the property needed for them, and may also pass the board’s share of costs to the U.S. government or another public body when work is done jointly.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81949. The board may construct any project and acquire all property necessary therefor on such terms and conditions as it may deem advisable. When any part of the work is to be done or performed by any public body or by the United States jointly or in conjunction with the board, the portion of the cost thereof to be borne by the board may be turned over to the government of the United States or to any other public body to be expended by it in the acquisition, construction, or completion of the project. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  133. 81950.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Property acquired by the board, and related revenues and income, belong to the community college district and are exempt from California state and local taxation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81950. Title to all property acquired by the board and the revenues and income therefrom is in the community college district. The title to any moneys, revenues, sinking funds, reserve funds, and other funds created by this chapter and the income thereof pledged to the payment of the principal or interest or any bonds issued thereunder is subject to trusts declared in favor of the bondholders. All such property, and the income therefrom, are exempt from all taxation by the State of California or by any county, city and county, city, district, political subdivision, or public corporation thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  134. 81951.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board controls and maintains any project, but must follow all applicable county and city zoning, building, and health regulations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] ( Part 49 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81951. At all times the operation, maintenance, control, repair, construction, reconstruction, alteration, and improvement of any project are vested in the board subject to authorized leases permitted by any indenture. The board shall comply with all applicable county and city zoning, building, and health regulations. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  135. 81952.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may use available funds and revenue bond proceeds to pay project costs for acquisition, construction, or completion.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81952. The board may use for the payment of the costs of acquisition, construction, or completion of any project, any funds made available to the board by the State of California or any other funds provided by the board from any source, to be expended for the accomplishing of the purposes set forth in this chapter, together with the proceeds of revenue bonds issued and sold by the board. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  136. 81955.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    When the board authorizes it, the county treasurer must prepare and arrange printing or engrossing of bond-related documents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81955. When authorized by resolution of the board, as provided in this chapter, the county treasurer shall prepare and procure the printing or engrossing of bonds, coupons, indenture, or other instruments and contracts or agreements of every kind required or convenient for or pertaining to the issuance or sale of bonds. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  137. 81956.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board must set rents, charges, and fees for chapter projects, may change them when conditions warrant, and must keep them at levels that cover specified operating, maintenance, and bond-related 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81956. The board shall fix rents, charges, and fees for all projects acquired, constructed, or completed under the terms of this chapter for the use thereof by any persons utilizing the facilities thereof, subject to such contractural obligations as may be entered into by the board and the holders of bonds issued under this chapter. The board is authorized to change rents, charges, and fees from time to time, as conditions warrant. All rents, charges, and fees shall at all times be fixed to yield annual revenue equal to annual operating and maintenance expenses, including repairs and insurance costs and all redemption payments and interest charges and reserve fund requirements on revenue bonds at any time issued and outstanding hereunder, as the same become due. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  138. 81960.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bond holders may use mandamus or another proper proceeding to compel the board, officials, or employees to perform duties connected with a project or bond-related revenues, and they may also pursue other available remedies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81960. The holder of any bond issued pursuant to this chapter may by mandamus or other appropriate proceeding require and compel the performance of any of the duties imposed upon the board or upon any official or employee or assumed by any thereof, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of any project, or the collection, deposit, investment, application, and disbursement of rents, rates, charges, fees, and all other revenues derived from the operation and use of any project or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds under this chapter. The enumeration of such rights and remedies do not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this chapter. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  139. 81961.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    Bond sale proceeds must be deposited into a construction fund, and fund money must be spent only for authorized project purposes under the required claim and audit 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81961. The proceeds from the sale of all bonds authorized under the provisions of this chapter shall be deposited forthwith by the county treasurer, on order of the county auditor, in the county treasury to the credit of a construction fund as designated by the California Community Colleges Budget and Accounting Manual in each county treasury for each district in the county issuing bonds pursuant to this chapter. The money in such construction fund shall be expended, pursuant to claims filed by the board with the county auditor, for the purposes authorized by this chapter, or as provided in the indenture, and for such other purposes, subject to the restrictions provided by law or by the indenture, as may be authorized by resolution of the board. Moneys required to meet the costs of acquisition or construction and all expenses and costs incidental to the acquisition, construction, furnishing, and equipping of any project authorized by this chapter shall be paid from the construction fund as herein provided upon claim filed by the board and after audit by the county auditor in the manner provided by law and upon warrants drawn by the county auditor. (Repealed (by Sec. 23) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  140. 81962.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board must send project revenues to the county treasurer at least monthly, and the county treasurer must deposit them in the county treasury to the credit of the designated revenue fund when ordered by the county auditor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81962. All revenues received from the operation of any project acquired or constructed by the board under the provisions of this chapter shall be transmitted by the board at least once in every calendar month, to the county treasurer. On order of the county auditor, the county treasurer shall deposit such revenues in the county treasury to the credit of the revenue fund as designated by the California Community Colleges Budget and Accounting Manual in each county treasury for each district in the county issuing bonds under this chapter. Moneys in the designated revenue fund shall be used to pay the costs of operation and maintenance of the projects authorized by this chapter, including refunds authorized by Section 81957, to provide the amounts required for interest and redemption of bonds as provided in this chapter, and for any other purposes authorized by resolution of the board, subject to any restrictions provided by law or the indenture. (Repealed (by Sec. 24) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  141. 81963.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    County treasurers must move specified district funds into the interest and redemption fund when ordered by the county auditor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81963. For the payment of the principal and interest of the bonds authorized to be issued under this chapter, a fund as designated by the California Community Colleges Budget and Accounting Manual shall be established for interest and redemption in each county treasury for each community college district issuing bonds under this chapter. From the money deposited in the designated construction fund of the district, the county treasurer, on order of the county auditor, shall transfer to the designated interest and redemption fund of the district such sums as may be required to pay the interest as it becomes due on all bonds sold and outstanding for the construction or acquisition of a particular project of the district authorized under this chapter during the period of actual construction or acquisition thereof and during such period thereafter as may be provided in the indenture or authorized by resolution of the board. The county treasurer, on order of the county auditor, shall thereafter transfer from the designated revenue fund of the district to the designated interest and redemption fund of the district such sums as may be required to pay the interest on the bonds and redeem the principal thereof as such interest payments and bond redemptions fall due for all bonds issued under the provisions of this chapter. (Repealed (by Sec. 25) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  142. 81964.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    After paying authorized costs and charges, the board may use leftover funds for other purposes related to the projects covered by this 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81964. Any balance remaining in any of the funds created by this chapter after payment of all costs, expenses, and charges authorized to be expended therefrom, may be allocated and used for such other purposes incidental to the acquisition, construction, furnishing, equipping, operation, and maintenance of such projects authorized under the provisions of this chapter as the board may determine. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  143. 81965.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    The board may invest designated construction fund money, but only within any limits in the bond indenture. The county treasurer must hold the investments, collect earnings, and deposit them to the correct fund on the county auditor’s order.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81965. Moneys in the designated construction fund of each district may be invested by the board, subject only to the limitations contained in an indenture providing for the issuance of revenue bonds. All securities or other investments made under the provisions of this chapter shall be held by the county treasurer as custodian thereof. All interest or other earnings received pursuant to such investments shall be collected by the county treasurer, and, on order of the county auditor, shall be deposited in the county treasury to the credit of the fund from which such interest or other earnings are derived. (Repealed (by Sec. 26) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  144. 81966.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. )

    Verify source ↗

    After the revenue bonds are paid off or secured, surplus money in a district’s designated construction fund may still be used for community college site acquisition and building work, if any bond indenture limits allow 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 5. Community College Revenue Bond Act of 1961 [81901 - 81966] ( Chapter 5 added by Stats. 1982, Ch. 251, Sec. 28. ) ## 81966. After all of the revenue bonds are fully paid and discharged, or provision for their payment and discharge has been irrevocably made, any surplus moneys in the designated construction fund of a district shall, subject to the limitations and restrictions in any indenture providing for the issuance of the revenue bonds, remain available for the acquisition of sites for, and for the construction, equipping, and furnishing of, buildings for community colleges maintained by the district. (Repealed (by Sec. 27) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
  145. 82.

    ## 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 “joint union school district” as a district made up of two or more school districts located wholly or partly in different counties.

    ## 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. ) ## 82. “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties. (Enacted by Stats. 1976, Ch. 1010.)
  146. 8200.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Early Education Act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8200. This chapter shall be known and may be cited as the Early Education Act. (Amended by Stats. 2021, Ch. 116, Sec. 2. (AB 131) Effective July 23, 2021.)
  147. 8201.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

    Verify source ↗

    This section states the purpose of the Early Education Act chapter and says parents and families have a right to understand and evaluate preschool quality and health-and-safety requirements.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8201. The purpose of this chapter is as follows: (a) To provide an inclusive and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access health and social-emotional support services through full- and part-day programs. (b) To encourage community-level coordination in support of preschool and early childhood services. (c) To provide an inclusive, developmentally appropriate, and culturally and linguistically responsive preschool environment that is nurturing for all children in the programs. (d) To provide family engagement activities that support positive parenting practices and enhance understanding of human growth and development. (e) To promote strengthening families and access to resources that prevent and address child abuse, neglect, or exploitation. (f) To support the cognitive and social emotional development of all children, including children with exceptional needs, children experiencing developmental delays, and children experiencing trauma. (g) To promote and support home language and development of multilingual capabilities to ensure all children attain their full potential. (h) To establish a framework that promotes equitable access to quality early learning experiences through the expansion of preschool services. (i) To empower parents and family choice by providing information and resources for choosing a high-quality preschool program that meets the needs of the family. (j) To inform parents and families of their right to understand and evaluate the quality and health and safety requirements of the preschool program. (Amended by Stats. 2021, Ch. 116, Sec. 3. (AB 131) Effective July 23, 2021.)
  148. 8202.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

    Verify source ↗

    This section states the Legislature’s intent for preschool programs, including equitable access, family support, child development, inclusive learning, and public input.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8202. It is the intent of the Legislature that: (a) All families have equitable access to a high-quality preschool program, regardless of race or ethnic status, cultural, religious, or linguistic background, family composition, or children with exceptional needs. It is further the intent that subsidized preschool services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress. (b) The physical, cognitive, social, and emotional growth and development of preschool children be supported in a healthy, developmentally, and culturally appropriate manner. (c) Families are supported to seek opportunities through employment, training, and education to attain financial stability, while maximizing learning opportunities for their children through participation in preschool programs. (d) Local- and community-level coordination of various funding streams and programs to support preschool services and preschool to third-grade alignment. (e) Programs allow for maximum involvement of families in planning, implementation, operation, and evaluation of preschool programs, recognizing that parent and family engagement is integral to the well-being of the child. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of preschool programs, including, but not limited to, their right to inspect childcare licensing files. (g) Planning for expansion of preschool programs based on ongoing, coordinated, and comprehensive local needs assessments and other state-level data. (h) Support for staff, including administrators, program directors, site supervisors, and teachers, to reduce bias through professional development opportunities. (i) Investments in preschool programs be leveraged to improve equity and reduce the opportunity gap through a targeted universalism approach. (j) Preschool programs provide fully inclusive early learning experiences that contribute to closing the school readiness gap, especially for children from low-income families, children with exceptional needs, and children who are dual language learners, and partner with elementary schools to support smooth transitions and sustain early learning gains. (k) The Superintendent of Public Instruction, in providing funding to agencies offering preschool programs, promote a range of services that will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in childcare centers or family childcare homes. (2) Services provided part day or full day. (l) The Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. (Amended by Stats. 2021, Ch. 116, Sec. 4. (AB 131) Effective July 23, 2021.)
  149. 8202.6.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

    Verify source ↗

    The Superintendent must convene a statewide workgroup, and the workgroup must make recommendations and be set up by December 1, 2022. The Superintendent must also submit a report by March 31, 2024. The State Department of Education may contract with nongovernmental entities, and certain contracts are exempt from specified contracting review rules.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8202.6. (a) (1) The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts. (2) The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources. (3) The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system. (b) The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022. (c) The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than March 31, 2024. (d) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (e) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (d) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent. (Amended by Stats. 2023, Ch. 48, Sec. 6. (SB 114) Effective July 10, 2023.)
  150. 8203.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

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    The Superintendent must develop standards for implementing high-quality preschool programs.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8203. The Superintendent shall develop standards for the implementation of high-quality preschool programs. Indicators of quality shall include, but not be limited to: (a) A physical environment that is safe and appropriate for preschool children and that meets applicable licensing standards. (b) Program activities and services that are age appropriate for preschool children and meet the developmental needs of each child. (c) Program activities and services that meet the cultural and linguistic needs of children and families, including, but not limited to, program activities and services that meet the need of dual language learners for support in the development of their home language and English. (d) Family engagement including, but not limited to, opportunities to participate on parent advisory committees and parent education. (e) Community engagement, coordination, and local partnerships that support successful transitions from preschool to the early elementary grades. (f) Efficient and effective local program administration. (g) Staff that possesses the appropriate and required qualifications, experience, or training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the preschool program. The use of intergenerational staff shall be encouraged. (h) The promotion of inclusive experiences through program activities and support for parents to access services that meet the needs of children with exceptional needs and their families. (i) Support services for children, families, and early learning staff and administrators. (j) Program activities that support equity by eliminating implicit bias, exclusionary discipline practices, and discrimination through staff development and training. (k) Provision for nutritional needs of children, including nutrition education at preschool and, when appropriate, shared resource for families. (l) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (m) Health services that include referral of children to appropriate agencies for services. (Amended by Stats. 2021, Ch. 498, Sec. 2. (AB 1363) Effective January 1, 2022.)
  151. 8203.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

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    The Superintendent must administer and allocate a QRIS block grant, and local consortia must meet specified requirements to receive 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8203.1. (a) The Superintendent shall administer a QRIS block grant, pursuant to an appropriation made for that purpose in the annual Budget Act, to be allocated to local consortia for support of local early learning quality rating and improvement systems that increase the number of low-income children in high-quality preschool programs that prepare those children for success in school and life. (b) (1) For purposes of this section, “early learning quality rating and improvement system” or “QRIS” is defined as a locally determined system for continuous quality improvement based on a tiered rating structure with progressively higher quality standards for each tier that provides supports and incentives for programs, teachers, and administrators to reach higher levels of quality, monitors and evaluates the impacts on child outcomes, and disseminates information to parents and the public about program quality. (2) For purposes of this section, “local consortium” is defined as a local or regional entity, administered by a lead agency, that convenes a planning body that designs and implements a QRIS. A local consortium shall include representatives from organizations including, but not limited to, all of the following: (A) Local educational agencies. (B) First 5 county commissions. (C) Higher educational institutions. (D) Local childcare and development planning councils. (E) Local resource and referral agencies. (F) Alternative payment programs. (G) Other local agencies, as appropriate, which may include, but are not limited to, nonprofit organizations, that provide services to children from birth to five years of age, inclusive, tribal representatives, childcare licensing regional offices, special education local plan area, the county social services department, the local public health department, the local behavioral health department, regional centers, and Head Start and Early Head Start grantees. (3) For purposes of this section, “quality continuum framework” means the tiered rating matrix created and adopted by a local consortium for purposes of implementing a QRIS. The tiered rating matrix shall include three common tiers shared by all participating local consortia. Changes to the common tiers shall be approved and adopted by all participating local consortia. (c) The QRIS block grant shall build on local consortia and other local QRIS work in existence on or before the operative date of this section. (d) For the 2014–15 fiscal year, if a county or region has an established local consortium that has adopted a quality continuum framework, the local consortium’s lead administering agency shall be provided the first opportunity to apply for a QRIS block grant. (e) Local consortia shall do all of the following to be eligible for a QRIS block grant: (1) Implement a QRIS that incorporates evidence-based elements and tools in the quality continuum framework that are tailored to the local conditions and enhanced with local resources. (2) Set ambitious yet achievable targets for California state preschool program contracting agencies’ participation in the QRIS with the goal of achieving the highest common tier, as the tier existed on June 1, 2014, or a higher level of quality. (3) Develop an action plan that includes a continuous quality improvement process that is tied to improving child outcomes. (4) Describe how QRIS block grant funds will be used to increase the number of sites achieving the highest common local tier and to directly support classrooms that have achieved the highest common tier, as that tier existed on June 1, 2014, or a higher level of quality. (5) Develop information and resources that help families understand why preschool matters and how to identify a quality preschool program that meets the needs of the family. (f) The Superintendent, in consultation with the executive director of the state board, shall allocate QRIS block grant funds to local consortia that satisfy the requirements of subdivision (e) based on the number of California state preschool program slots within the county or region. (g) (1) Local consortia receiving QRIS block grant funds shall allocate those funds to contracting agencies of the California state preschool program, as established by Article 2 (commencing with Section 8207), or local educational agencies, for activities that support and improve quality, and assess quality and access. In allocating the QRIS block grant funds, priority shall be given to directly supporting the classrooms of the California state preschool program sites that have achieved the highest common local tier of quality. (2) No more than 20 percent of a local consortium’s QRIS block grant funds may be used for assessment and access projects. (h) A family childcare home education network that provides California state preschool program services shall be eligible for an allocation from a local consortium of QRIS block grant funds for activities that support, improve, and assess quality. (Amended by Stats. 2021, Ch. 116, Sec. 6. (AB 131) Effective July 23, 2021.)
  152. 8203.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

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    The department must maintain and update prekindergarten learning development guidelines, and funded programs under this chapter must use them.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8203.3. (a) The department, in consultation with the State Department of Social Services, shall maintain and update the prekindergarten learning development guidelines. The guidelines shall focus on preparing three-, four-, and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The department may contract with an appropriate public or private agency to develop the guidelines. (b) In future expenditure plans for quality improvement activities, the State Department of Social Services shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines. (c) Programs funded by the department under this chapter shall use the prekindergarten learning development guidelines developed pursuant to this section. (Amended by Stats. 2022, Ch. 62, Sec. 1. (AB 210) Effective June 30, 2022.)
  153. 8203.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

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    The Superintendent must make sure preschool contracts support the public school system and require providers to keep developmental profiles for each child; the department must help provide profiles when possible, and certain program providers must maintain them from entry through exit.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8203.5. (a) The Superintendent shall ensure that each contract entered into under this chapter to provide preschool services, or to facilitate the provision of those services, provides support to the public school system of this state through the delivery of appropriate educational services to the children served pursuant to the contract. (b) The Superintendent shall ensure that all contracts for preschool programs include a requirement that each public or private provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. To the extent possible, the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 8233 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program. (c) This section is not subject to Part 34 (commencing with Section 62000) of Division 4 of Title 2. (Amended by Stats. 2021, Ch. 116, Sec. 8. (AB 131) Effective July 23, 2021.)
  154. 8204.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

    Verify source ↗

    Preschool programs must provide for the nutritional needs of children in attendance.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8204. In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this state that no child shall be hungry while in attendance in a preschool facility, as defined in Section 8205, and that preschool programs have an obligation to provide for the nutritional needs of children in attendance. (Amended by Stats. 2021, Ch. 116, Sec. 9. (AB 131) Effective July 23, 2021.)
  155. 8206.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. )

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    The Superintendent may waive certain preschool-program rules during a governor-declared state of emergency, but only within specified limits and for no more than 45 days.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 1. General Provisions [8200 - 8206] ( Article 1 repealed and added by Stats. 1980, Ch. 798, Sec. 2. ) ## 8206. (a) If a state of emergency is declared by the Governor, the Superintendent may waive any requirements of this code or regulations adopted pursuant to this code relating to preschool programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in preschool programs. (b) A waiver granted pursuant to subdivision (a) shall not exceed 45 calendar days. (c) For purposes of this section, “state of emergency” includes, but is not limited to, fire, flood, earthquake, or a period of civil unrest. (d) If a request for a waiver pursuant to subdivision (a) is for a childcare and development program, preschool program, or child nutrition program that receives federal funds and the waiver may be inconsistent with the state plan or any federal law or regulations governing the program, the Superintendent shall seek and obtain approval of the waiver from the appropriate federal agency before granting the waiver. (e) (1) From July 1, 2020, to June 30, 2021, inclusive, due to the ongoing impacts of childcare and development facility closures and low child attendance due to the COVID-19 pandemic and related public health directives, the Superintendent shall reimburse a contracting agency for a California state preschool program pursuant to former Article 7 (commencing with Section 8235), a general childcare and development program pursuant to former Article 8 (commencing with Section 8240), a family childcare home education network pursuant to former Article 8.5 (commencing with Section 8245), a migrant childcare and development program pursuant to former Article 6 (commencing with Section 8230), or childcare and development services for children with special needs pursuant to former Article 9 (commencing with Section 8250) that meets one of the following requirements: (A) The program operated by the contracting agency opens by September 8, 2020, or within 21 calendar days from the start date of the contracting agency’s 2020–21 program calendar approved by the department, whichever is sooner, and remains open and offering services through the 2020–21 program year. (B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic. (C) (i) The program operates on the campus of a local educational agency that is closed by local or state public health guidance or order and the local educational agency has required the early learning and care program to close. (ii) To ensure continuity of care and access to services during the COVID-19 pandemic, the governing board or body of the local educational agency requiring a closure pursuant to clause (i) shall discuss in a public hearing and prepare a plan for safely reopening early learning and care programs as soon as safely possible, but no later than when local education agency campuses open for in-person instruction. (2) Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent. (3) A childcare program specified in paragraph (1) that is physically closed pursuant to subparagraph (B) or (C) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services as specified by the Superintendent. A contractor specified in paragraph (1) shall submit a distance learning plan to the department pursuant to guidance from the Superintendent. (Added by renumbering Section 8209 by Stats. 2021, Ch. 116, Sec. 21. (AB 131) Effective July 23, 2021.)
  156. 8209.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    Preschool enrollment can require a physical exam and immunizations, but religious-belief letters limit that requirement; a sick child may be temporarily excluded, and a signed parent form has special self-certification rules.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8209. (a) A physical examination and evaluation, including age-appropriate immunizations, shall be required before, or within six weeks of, enrollment in a preschool program. A standard, rule, or regulation shall not require medical examination or immunization for admission to a preschool program of a child whose parent or guardian files a letter with the governing board of the preschool program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the preschool program is satisfied that the child is not suffering from that contagious or infectious disease. (b) If only one parent has signed an application for enrollment in preschool services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent. (c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded preschool program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive preschool services in another state or federally funded preschool program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded preschool programs. (Added by Stats. 2021, Ch. 116, Sec. 22. (AB 131) Effective July 23, 2021.)
  157. 8212.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    This section sets complaint-handling rules for local educational agencies running California state preschool programs, including how complaints are filed, investigated, reported, and appealed.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8212. (a) (1) A local educational agency exempt from licensing pursuant to subdivision (o) of Section 1596.792 of the Health and Safety Code shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to resolve any deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 1596.7925 of the Health and Safety Code. (2) A complaint may be filed anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records. (3) The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes. (4) A complaint shall be filed with the preschool program administrator or their designee. A complaint about problems beyond the authority of the preschool program administrator shall be forwarded in a timely manner, but not to exceed 10 working days to the appropriate local educational agency official for resolution. (b) The preschool program administrator or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. Investigations shall begin within 10 days of the receipt of the complaint. The preschool program administrator or designee of the district superintendent shall remedy a valid complaint within a reasonable time period, but not to exceed 30 working days from the date the complaint was received. The preschool program administrator or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the preschool program administrator makes this report, the preschool program administrator shall also report the same information in the same timeframe to the designee of the district superintendent. (c) A complainant not satisfied with the resolution of the preschool program administrator or the designee of the district superintendent has the right to describe the complaint to the governing board or body, as applicable, of the local educational agency at a regularly scheduled hearing of the governing board or body, as applicable, of the local educational agency. A complainant who is not satisfied with the resolution proffered by the preschool program administrator or the designee of the district superintendent has the right to file an appeal to the Superintendent. (d) A local educational agency shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board or body, as applicable, of the local educational agency. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board or body, as applicable, of the local educational agency. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records. (e) In order to identify appropriate subjects of complaint, a notice shall be posted in each California state preschool program classroom in each school in the local educational agency notifying parents, guardians, pupils, and teachers of both of the following: (1) The health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool programs pursuant to Section 1596.7925 of the Health and Safety Code. (2) The location at which to obtain a form to file a complaint. Posting a notice downloadable from the internet website of the department shall satisfy this requirement. (f) A local educational agency shall establish local policies and procedures, post notices, and implement this section. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by renumbering Section 8235.5 by Stats. 2021, Ch. 116, Sec. 34. (AB 131) Effective July 23, 2021.)
  158. 8213.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    This section defines income eligibility for early education services and requires the Department of Finance to calculate and update state median income figures.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8213. (a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 100 percent of the state median income, adjusted for family size, as specified in subdivision (c). (b) For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s initial income eligibility for services at the time of enrollment will be in effect, regardless of an increase in income. (c) The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year. (d) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for childcare under this chapter. (e) Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. (f) Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. For purposes of this subdivision, “guaranteed income payments” mean unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code). (Amended by Stats. 2026, Ch. 25, Sec. 9. (AB 150) Effective June 29, 2026.)
  159. 8213.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    Families generally must provide proof of current enrollment when eligibility depends on certain benefits or services, unless the contracting agency uses another way to verify 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8213.5. (a) For purposes of establishing eligibility for services under this chapter, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following: (1) A member of the household has been certified as eligible to receive benefits or services in any of those programs. The family shall provide documentation of current enrollment in the program, unless the contracting agency has, and elects to use, other means of obtaining verification of that enrollment. (2) A contracting agency has determined a member of the household is eligible for Head Start or Early Head Start services. (b) Families qualifying for eligibility under subparagraph (E) of paragraph (1) of subdivision (a) of, or under clause (v) of subparagraph (A) of paragraph (1) of subdivision (c) of, Section 8208 shall have the income declared on the application for the means-tested government program as its income for the purposes of prioritizing enrollment and calculating family fees. (c) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives. (Added by Stats. 2022, Ch. 923, Sec. 4. (SB 1047) Effective January 1, 2023.)
  160. 8214.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    If families must be disenrolled from subsidized preschool services, they must be disenrolled in reverse priority order.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8214. If families have to be disenrolled from subsidized preschool services, families shall be disenrolled in reverse priority order for services, as specified in Sections 8210 and 8211, as applicable. (Repealed and added by Stats. 2021, Ch. 116, Sec. 27. (AB 131) Effective July 23, 2021.)
  161. 8215.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    The department must monitor California state preschool program funding and service hours each year and report a statewide summary to the Department of Finance and the Legislature.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8215. (a) The department shall annually monitor funding used in, and hours of service provided in, the California state preschool program, and shall annually report to the Department of Finance and to the Legislature a statewide summary identifying the estimated funding used for, and the number of, preschool age children receiving part-day preschool and wraparound childcare services. The annual report shall include a comparison to the prior year on a county-by-county basis. (b) The monitoring shall include projections of total enrollment, age of enrolled, and contract earnings, and the projections shall be collected from providers through surveys by October 1 of each fiscal year. (Amended by Stats. 2026, Ch. 25, Sec. 10. (AB 150) Effective June 29, 2026.)
  162. 8216.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    The department and the State Department of Social Services must use childcare and development funds fully, try to move funds between certain contracts within the same agency, and set timelines for those transfers. They may do this through guidance or other written directives.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8216. (a) The department and the State Department of Social Services shall promote full utilization of childcare and development funds and match available unused funds with identified service needs. The department and the State Department of Social Services shall attempt to arrange intraagency adjustments between California state preschool contracts and general childcare contracts for the same agency and funding allocation. The department and the State Department of Social Services shall establish timelines for intraagency contract fund transfers. (b) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds. (Added by renumbering Section 8236.2 by Stats. 2021, Ch. 116, Sec. 37. (AB 131) Effective July 23, 2021.)
  163. 8220.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    A participating part-day preschool program must coordinate parent and teacher support services as a condition of receiving certain funds.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8220. As a condition of receipt of funds pursuant to Section 8221, a participating part-day preschool program shall coordinate the provision of all of the following: (a) Opportunities for parents and legal guardians to work with their children on interactive literacy activities. For purposes of this subdivision, “interactive literacy activities” means activities in which parents or legal guardians actively participate in facilitating the acquisition by their children of prereading skills through guided activities such as shared reading, learning the alphabet, and basic vocabulary development. (b) Parenting education for parents and legal guardians of children in participating classrooms to support the development by their children of literacy skills. Parenting education shall include, but not be limited to, instruction in all of the following: (1) Providing support for the educational growth and success of their children. (2) Improving parent-school communications and parental understanding of school structures and expectations. (3) Becoming active partners with teachers in the education of their children. (4) Improving parental knowledge of local resources for the identification of and services for developmental disabilities, including, but not limited to, contact information for school district special education referral. (c) Referrals, as necessary, to providers of instruction in adult education and English as a second language in order to improve the academic skills of parents and legal guardians of children in participating classrooms. (d) Staff development for teachers in participating classrooms that includes, but is not limited to, all of the following: (1) Development of a pedagogical knowledge, including, but not limited to, improved instructional and behavioral strategies. (2) Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms. (3) Information on working with families, including the use of onsite coaching, for guided practice in interactive literacy activities. (4) Providing targeted interventions for all young children to improve kindergarten readiness upon program completion. (Added by renumbering Section 8238 by Stats. 2021, Ch. 116, Sec. 40. (AB 131) Effective July 23, 2021.)
  164. 8221.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    The Superintendent must distribute family literacy supplemental grant funds to qualifying California state preschool classrooms, using set priorities, and the grants must be used for Section 8220 purposes.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8221. (a) A family literacy supplemental grant shall be made available and distributed to qualifying California state preschool classrooms, as determined by the Superintendent, at a rate of two thousand five hundred dollars ($2,500) per class. The Superintendent shall distribute the family literacy supplemental grant funds according to the following priorities: (1) First priority shall be assigned to California state preschool programs that contract to receive this funding before July 1, 2012. These programs shall receive this funding until their contract is terminated or the California state preschool program no longer provides family literacy services. (2) Second priority shall be assigned to California state preschool programs operating classrooms located in the attendance area of elementary schools in deciles 1 to 3, inclusive, based on the most recently published Academic Performance Index pursuant to Section 52056. The Superintendent shall use a lottery process in implementing this paragraph. (b) A family literacy supplemental grant distributed pursuant to this section shall be used for purposes specified in Section 8220. (c) Implementation of this section is contingent upon funding being provided for family literacy supplemental grants for California state preschool programs in the annual Budget Act or other statute. (Added by renumbering Section 8238.4 by Stats. 2021, Ch. 116, Sec. 41. (AB 131) Effective July 23, 2021.)
  165. 8222.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    The department must provide technical assistance and resources for prospective and existing California state preschool program contractors, including outreach, training, guidance, a public webpage, and annual updates.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8222. (a) Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following: (1) Provide prospective California state preschool program contractors an equitable opportunity to establish trained workforces and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet either of the following: (A) The applicant has not received a California state preschool program contract within the last five years. (B) The applicant has not previously received a California state preschool program contract. (2) Develop early learning resources, including, but not limited to, early learning resources regarding all of the following: (A) The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools. (B) Best practices of existing successful early learning programs. (C) Information on statutes and regulations pertaining to early learning programs. (D) Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications. (3) Develop and communicate guidance to inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition. (4) Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance. (5) Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and social media. (6) (A) Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following: (i) Detailed information on starting, funding, and operating a California state preschool program. (ii) Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events. (iii) The early learning resources described in paragraph (2). (iv) Dates and times of upcoming trainings and technical assistance events conducted pursuant to paragraph (4). (v) Online electronic applications. (B) The department shall complete the webpage described in subparagraph (A), and make it publicly accessible, on or before January 1, 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations. (C) The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors. (b) This section shall only become operative upon appropriation by the Legislature for its purposes. (Amended by Stats. 2025, Ch. 67, Sec. 42. (AB 1170) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.)
  166. 8223.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

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    Contractors operating through a family childcare home education network must carry out specified program-administration tasks and ensure staff are sufficiently trained.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8223. (a) Contractors operating through a family childcare home education network shall do all of the following: (1) Recruit, enroll, and certify eligible families. (2) Recruit, train, support, and reimburse licensed family childcare home providers. (3) Collect family fees in accordance with contract requirements. (4) Assess, according to standards set by the department, the educational quality of the program offered in each family childcare home in the network. (5) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider. (6) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family childcare home affiliated with the network. (7) Ensure that basic health and nutrition requirements are met. (8) Provide data and reporting in accordance with contract requirements. (b) Each contractor shall ensure that their staff have sufficient training to successfully accomplish the requirements of subdivision (a). (Added by renumbering Section 8246 by Stats. 2021, Ch. 116, Sec. 49. (AB 131) Effective July 23, 2021.)
  167. 8223.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

    Verify source ↗

    Contractors running California state preschool programs through family childcare home education networks must create and publish a timely-payment plan, including a 21-day payment rule and related procedures.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8223.5. (a) On or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network shall develop, implement, and publish for access by family childcare providers a plan for timely payment to family childcare home providers, including publication in written information for providers and in individual provider agreements. The plan shall include all of the following: (1) A provision requiring that family childcare providers shall be paid within 21 calendar days of the provider’s submission of daily sign-in and sign-out sheets, as referenced in Section 17818 of Title 5 of the California Code of Regulations. (2) A schedule for the payment of services that shall be signed by the family childcare provider. (3) A provision requiring that if a provider submits attendance records or invoices for multiple children and not all individual records or invoices within the submission include adequate information to provide a payment, payments shall not be withheld for those individual records or invoices that include adequate information to provide a payment. (4) Procedures that establish clear processes and timelines to resolve overpayment and underpayment issues, which shall include the provider’s written consent to recover any overpayment. (5) A provision that if a contractor is unable to issue reimbursement payments to providers within 21 calendar days pursuant to the requirement specified in paragraph (1) due to extenuating circumstances, including, but not limited to, an emergency or payment system malfunction, the impacted provider shall be notified within a reasonable timeframe of the contractor becoming aware of the circumstance causing the delay of reimbursement payment. (b) Contractors shall publish the plans developed pursuant to this section for childcare providers to access and reference. The plans shall be published in documents available to providers, such as individual provider agreements, as appropriate. (c) The department shall support contractors with the development and implementation of the plans prepared pursuant to this section and in compliance with the requirement for timely payments. If the department becomes aware that a contractor is not complying with the requirements of this section, the department may issue a finding of noncompliance, and the contractor may be subject to corrective action. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2023, Ch. 193, Sec. 2. (SB 140) Effective September 13, 2023.)
  168. 8224.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

    Verify source ↗

    The Superintendent must ensure eligible children with exceptional needs have equal access to California state preschool programs.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8224. (a) The Superintendent shall ensure that eligible children with exceptional needs are given equal access to all California state preschool programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these children, including federal and state funds available for the provision of special education and related services, as appropriate. (b) Any child with exceptional needs served in California state preschool programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs. (Added by renumbering Section 8250 by Stats. 2021, Ch. 116, Sec. 52. (AB 131) Effective July 23, 2021.)
  169. 8225.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. )

    Verify source ↗

    A contractor providing California state preschool services must comply with the Americans with Disabilities Act requirements.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 2. Program Administration [8207 - 8225] ( Article 2 heading added by Stats. 2021, Ch. 116, Sec. 16. ) ## 8225. A contractor providing California state preschool services is subject to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.). (Added by renumbering Section 8250.5 by Stats. 2021, Ch. 116, Sec. 53. (AB 131) Effective July 23, 2021.)
  170. 8226.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The section states legislative findings and intents about improving preschool program administration, technical assistance, monitoring, regulations, contract criteria, reimbursement, and support for operators.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8226. (a) The Legislature finds and declares that the effectiveness of preschool programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring. (b) It is the intent of the Legislature: (1) That the Superintendent of Public Instruction develop clear, consistent, and appropriate regulations for preschool programs to replace policy guidelines that are not subject to the public hearing process, often inconsistent, and without the force of law. (2) That the department make better use of staff with direct field experience in early childhood programs. (3) That better criteria be developed for the awarding, evaluating, and renewal of preschool contracts. (4) That improvements be made in the method of reimbursing preschool providers. (5) That increased effort be made to provide preschool program operators with technical assistance in meeting their contractual obligations. (Added by renumbering Section 8255 by Stats. 2021, Ch. 116, Sec. 58. (AB 131) Effective July 23, 2021.)
  171. 8227.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The department must develop procedures for yearly evaluation of monitoring processes and of the training and technical assistance provided to contracting agencies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8227. The department shall develop procedures for annually evaluating the monitoring processes and the training and technical assistance that is to be provided to the contracting agencies. (Repealed and added by Stats. 2021, Ch. 116, Sec. 30. (AB 131) Effective July 23, 2021.)
  172. 8228.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The department must sanction contracting agencies with serious licensing violations, give most contractors 90 days’ written notice before termination, and set procedures for receivership.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8228. The department shall do all of the following in administering the provisions of this chapter: (a) Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the State Department of Social Services pursuant to Section 1597.11 of the Health and Safety Code. (b) Except in the case of immediate terminations taken pursuant to Section 8315 or 8316, provide 90 days’ written notification to any contractor whose agreement is being terminated. Notwithstanding Article 13 (commencing with Section 8306), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in the administration of early childhood programs to ensure compliance with the terms of the receivership. (Added by renumbering Section 8257 by Stats. 2021, Ch. 116, Sec. 61. (AB 131) Effective July 23, 2021.)
  173. 8229.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    Certain department employees and former employees face limits on serving on agency boards and on entering or taking related contracts or contractor jobs.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8229. (a) No person employed by the department in a policymaking position in the area of preschool programs shall serve as a member of the board of directors, advisory council, or advisory committee for any agency receiving funds pursuant to this chapter. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985. (b) No retired, dismissed, separated, or formerly employed person of the state department employed under the State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 in which the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the state department. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment. (c) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 if the person was employed by the department in a policymaking position in the area of preschool programs within the 12-month period prior to their retirement, dismissal, or separation. (d) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the department may be employed by a contractor pursuant to Section 8233 if the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department. (e) The provisions of subdivisions (b), (c), and (d) shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985. (Added by renumbering Section 8258 by Stats. 2021, Ch. 116, Sec. 62. (AB 131) Effective July 23, 2021.)
  174. 8230.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The department must develop and coordinate resources, provide technical assistance, monitor program implementation, seek maximum federal reimbursement for federally eligible children, and help arrange alternative funding when federal funds are unavailable.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8230. The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement wherever possible for the federally eligible children, and facilitate alternative funding for those children for whom federal funds are not available. (Added by renumbering Section 8260 by Stats. 2021, Ch. 116, Sec. 63. (AB 131) Effective July 23, 2021.)
  175. 82305.6.

    ## 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Transportation [82305.6- 82305.6.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may charge parents or guardians part of student transportation costs, but it must exempt indigent families and may not charge for transporting students with disabilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Transportation [82305.6- 82305.6.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 82305.6. When the governing board of a community college district provides for the transportation of students to and from community colleges, the governing board of the district may require the parents and legal guardians of all or some of the students transported, to pay a portion of the cost of the transportation in an amount determined by the governing board. The amount determined by the board shall be no greater than that paid for transportation on a common carrier or municipally owned transit system by other students in the district who do not use the transportation provided by the district. The governing board shall exempt from the charges students of parents and legal guardians who are indigent as set forth in rules and regulations adopted by the board. No charge under this section shall be made for the transportation of students with disabilities. Nothing in this section shall be construed to sanction, perpetuate, or promote the racial or ethnic segregation of students in the community colleges. (Amended by Stats. 2007, Ch. 569, Sec. 54. Effective January 1, 2008.)
  176. 8231.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The Superintendent must adopt rules and regulations for this chapter, and those rules must cover contract selection, monitoring, performance standards, reporting, payment withholding, site visits, and a possible five-year recompete process. The department also may use an alternative application process and waive certain application regulations when expediting preschool expansion legislation.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8231. (a) The Superintendent shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following: (1) Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed service area will be given priority for a new contract in that area, unless the department makes a written determination that (A) the agency is not able to deliver the level of services specified in the request for proposal, or (B) the department has notified the agency that it is not in compliance with the terms of its contract. (2) Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts. (3) Specify adequate standards of agency performance. (4) Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance. (5) Specify standards for withholding payments to agencies that fail to submit required fiscal reports. (6) Set forth standards for department site visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit. (7) Authorize the department to develop a process that may require every contracting agency to recompete for continued funding no less frequently than every five years. (b) For purposes of expediting the implementation of state or federal legislation to expand preschool services, the department may do any of the following: (1) Use an alternative application process in which the department will evaluate the ability and standing of existing contractors in determining allocation methodology and eligibility for funding. (2) Waive the regulations regarding the point qualifications for, and the process and scoring of, applications of existing contractor applicants pursuant to Section 17723 of Title 5 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 998, Sec. 6. (AB 176) Effective September 30, 2024.)
  177. 8231.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The Superintendent may require certain contracting agencies to provide employee-permit data to the department, and the data must be submitted through specified reporting processes.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8231.5. (a) The Superintendent may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of Section 8298. The data may be collected by survey or by another collection method. The data shall be provided to the department as part of the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the Superintendent. (b) Notwithstanding Section 33308.5 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Superintendent may develop informal directives and bulletins to implement this section. (Added by Stats. 2025, Ch. 165, Sec. 2. (AB 753) Effective October 1, 2025.)
  178. 8232.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

    Verify source ↗

    The Superintendent of Public Instruction may require certain contracting agencies, including local educational agencies, to collect and submit information for reporting and preschool program administration.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8232. The Superintendent of Public Instruction is authorized to require the collection and submission of information from public and private agencies contracting with the department pursuant to this chapter, including local educational agencies, to meet state and federal reporting requirements and for the effective administration of preschool programs. (Added by renumbering Section 8261.5 by Stats. 2021, Ch. 116, Sec. 65. (AB 131) Effective July 23, 2021.)
  179. 82321.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Schoolbuses [82321 - 82322] ( Heading of Article 2 added by Stats. 1989, Ch. 1360, Sec. 38. )

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    A community college district board may designate district vehicles as schoolbuses if they are mainly used to transport community college students to or from a public community college or its activities, and the designation is not effective until written notice is filed with the California Highway Patrol.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Schoolbuses [82321 - 82322] ( Heading of Article 2 added by Stats. 1989, Ch. 1360, Sec. 38. ) ## 82321. A schoolbus is any motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th-grade level to or from a public or private school or to or from public or private school activities. The governing board of a district maintaining a community college may, by resolution, designate any motor vehicle operated by or for the district, a schoolbus within the meaning of this section, if it is primarily used for the transportation of community college students to or from a public community college or to or from public community college activities. The designation shall not be effective until written notification thereof has been filed with the Department of the California Highway Patrol. (Amended by Stats. 1990, Ch. 1372, Sec. 612.)
  180. 82322.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Schoolbuses [82321 - 82322] ( Heading of Article 2 added by Stats. 1989, Ch. 1360, Sec. 38. )

    Verify source ↗

    A motor vehicle used to transport current college enrollees to or from a community college or its activities is not a schoolbus. Drivers of such vehicles must escort pupils as required by Vehicle Code provisions and meet Section 12517 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 7. Supplementary Services [82305.6 - 82322] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Schoolbuses [82321 - 82322] ( Heading of Article 2 added by Stats. 1989, Ch. 1360, Sec. 38. ) ## 82322. (a) Notwithstanding Section 82321, a motor vehicle is not a schoolbus if it is operated for the purpose of transporting any pupil to or from a community college or to or from activities at that college, irrespective of the age of the pupil or the grade level of the pupil, if the pupil is a current enrollee in classes of the college providing the transportation. (b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by paragraph (3) of subdivision (c) of Section 22112 of the Vehicle Code and shall meet the requirements of Section 12517 of the Vehicle Code. (c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less. (Amended by Stats. 1995, Ch. 542, Sec. 2. Effective October 4, 1995.)
  181. 8233.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent of Public Instruction may make local contracts for preschool services and related support, but the department must get annual approval from the Department of General Services and the Department of Finance before entering or executing a local agreement.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8233. Notwithstanding any other law, the Superintendent of Public Instruction may enter into and execute local contractual agreements with any public or private entity or agency for the delivery of preschool services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of preschool services. Prior to entering into or executing a local agreement, the department shall obtain annual approval from the Department of General Services and the Department of Finance as to the form and general content thereof. The agreements may only be made for the delivery of preschool services, or the furnishing of property, facilities, personnel, supplies, equipment, or administrative services related thereto, which conform with the provisions of this chapter. (Added by renumbering Section 8262 by Stats. 2021, Ch. 116, Sec. 66. (AB 131) Effective July 23, 2021.)
  182. 8234.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    Contractors under this chapter may keep records electronically and use digital signatures, but electronic record conversion and storage must meet specified standards. They must keep records for at least five years, or longer if a state agency audit is pending until resolved, and they are not required to create records electronically.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8234. Contractors operating or providing services pursuant to this chapter may do both of the following: (a) (1) Maintain records electronically, in compliance with state and federal standards, as determined by the department. A conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations. (2) Pursuant to Section 33421, the records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer. (3) This subdivision does not require a contractor to create records electronically. (b) (1) Use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. (2) The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for the digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (Added by renumbering Section 8262.1 by Stats. 2021, Ch. 116, Sec. 67. (AB 131) Effective July 23, 2021.)
  183. 8235.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    Contractors under this chapter may use digital forms for families to apply for services, if the forms meet state and federal standards.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8235. Contractors operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards. (Added by renumbering Section 8262.2 by Stats. 2021, Ch. 116, Sec. 68. (AB 131) Effective July 23, 2021.)
  184. 8236.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    When the Superintendent determines Fi$Cal has been implemented, the department must ask the Controller to pay certain contractors by direct deposit if the contractor requests 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8236. On and after the date on which the Superintendent determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, for a contract executed by the department pursuant to Section 8233, the department shall request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor’s account at the financial institution of the contractor’s choice. (Added by renumbering Section 8262.3 by Stats. 2021, Ch. 116, Sec. 69. (AB 131) Effective July 23, 2021.)
  185. 8237.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent of Public Instruction may grant a certificate of operation for certain preschool facilities, and a facility that receives one must file a completed license application within 15 working days.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8237. (a) In contract transfer situations in programs funded pursuant to this chapter, the Superintendent of Public Instruction may grant a certificate of operation to preschool facilities pursuant to this section. (b) For purposes of maintaining continuity of services to children, the superintendent may grant a certificate of operation to any preschool facility that meets all of the following conditions: (1) The superintendent, or the superintendent’s designee, has visited the facility and verified, in writing, to the State Department of Social Services licensing agency that the facility has no deficiencies at the time of granting the certificate of operation that would endanger the physical health, mental health, safety, or welfare of the children. (2) Without a certificate of operation in lieu of a license from the State Department of Social Services, the facility would be ineligible to receive, as applicable, state or federal funds. (c) A facility issued a certificate of operation pursuant to this section shall be deemed to be operating under licensing standards for childcare and development facilities specified by Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code and by Title 22 of the California Code of Regulations for the term specified on the certificate. (d) A facility granted a certificate of operation shall submit a completed license application to the State Department of Social Services within 15 working days of the issuance of the certificate of operation. Failure to meet this requirement will result in the cancellation of the certificate of operation. The certificate of operation shall expire upon the issuance or denial of a license by the State Department of Social Services. (Added by renumbering Section 8262.5 by Stats. 2021, Ch. 116, Sec. 70. (AB 131) Effective July 23, 2021.)
  186. 8238.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent may waive or modify California state preschool requirements for preschool programs serving combinations of eligible children in low-population areas.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8238. The Superintendent may waive or modify California state preschool requirements in order to enable preschool programs to serve combinations of eligible children in areas of low population. (Added by renumbering Section 8264.5 by Stats. 2021, Ch. 116, Sec. 78. (AB 131) Effective July 23, 2021.)
  187. 8239.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent of Public Instruction may provide outreach services and technical assistance to specified preschool-related agencies and providers.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8239. The Superintendent of Public Instruction may provide outreach services and technical assistance to new contracting agencies and to those providing preschool services during nontraditional times, in underserved geographic areas, and for children with special childcare needs. (Added by renumbering Section 8264.6 by Stats. 2021, Ch. 116, Sec. 79. (AB 131) Effective July 23, 2021.)
  188. 8240.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent must set staffing rules for preschool programs under contract with the department, and family childcare homes must follow specified adult/child ratios.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8240. (a) The Superintendent shall establish rules and regulations for the staffing of all preschool programs under contract with the department. (b) Priority shall be given by the department to the employment of persons in preschool programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided. (c) For purposes of staffing preschool programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children. (d) Family childcare homes shall operate pursuant to adult/child ratios prescribed in Chapter 3 (commencing with Section 102351.1) of Division 12 of Title 22 of the California Code of Regulations. (e) Approval by the Superintendent of any ongoing or new programs seeking to operate under the ratios and standards established by the Superintendent under this chapter shall be based upon the following considerations: (1) The type of facility in which care is being or is to be provided. (2) The ability of the Superintendent to implement a funding source change. (3) The proportion of nonsubsidized children enrolled or to be enrolled by the agency. (4) The most cost-effective ratios possible for the type of services provided or to be provided by the agency. (Amended by Stats. 2022, Ch. 571, Sec. 7. (AB 185) Effective September 27, 2022.)
  189. 8241.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    Center-based programs must follow the listed staffing ratios until the Superintendent of Public Instruction adopts staffing-ratio regulations.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8241. Until the Superintendent of Public Instruction promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply: (a) Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio. (b) Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio. (c) Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio. (d) Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio. (e) Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio. (f) If groups of children of varying ages are commingled, the teacher and adult ratios shall be proportionate and appropriate to the ages and groups of children. (Added by renumbering Section 8264.8 by Stats. 2021, Ch. 116, Sec. 81. (AB 131) Effective July 23, 2021.)
  190. 8241.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. )

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    The Superintendent must set up procedures for state preschool contractors to identify and report dual language learner data, and contractors must collect a family language instrument and conduct a family language and interest interview for identified children.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 3. Administration [8226 - 8241.5] ( Article 3 heading added by Stats. 2021, Ch. 116, Sec. 29. ) ## 8241.5. (a) It is the intent of the Legislature for the state preschool contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded preschool programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life. (b) The Superintendent shall develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in a preschool program administered pursuant to Article 2 (commencing with Section 8207). (c) The procedures developed by the Superintendent pursuant to this section to identify dual language learners shall, at a minimum, include all of the following: (1) (A) The distribution and collection of a completed family language instrument developed by the Superintendent from a parent or guardian of each child enrolled in a preschool program no later than upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, which languages the child understands, and which languages the child is able to speak. (B) Notwithstanding subparagraph (A), a state preschool contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner. (C) Notwithstanding subparagraph (A), a state preschool contractor may use the previous designation of child as a dual language learner by a general childcare and development program or migrant childcare program to identify the child as a dual language learner. (2) Criteria for state preschool contractors to use to accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and criteria for the family language and interest interview. (d) For any child enrolled in a preschool program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The Superintendent shall develop the family language and interest interview to be used by teachers and designated staff for purposes of this subdivision. (e) The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following: (1) A child’s home language, the language the child uses most, and the family’s preferred language in which to receive verbal and written communication. (2) A child’s race or ethnicity. (3) Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages. (4) The language composition of the program staff. (f) To the maximum extent possible, the Superintendent shall use existing enrollment and reporting procedures for state preschool contractors to meet the requirements of this section. (g) (1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by state preschool contractors, the Superintendent shall develop clear implementation procedures and related guidance for state preschool contractors. (2) The Superintendent shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 15, 2022, the Superintendent shall develop informal directives and bulletins to implement this section until the time regulations are adopted. (h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System. (i) The procedures developed by the Superintendent to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system. (j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the state preschool contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by state preschool contractors shall not impact the status of a provider within a family childcare home education network. (k) In order to minimize the administrative work required of contractors, teachers, staff, and families involved in the state preschool program, a general childcare and development program, or a migrant childcare and development program, as specified in this section and Section 10209.6 of the Welfare and Institutions Code, the Superintendent and the Director of Social Services shall coordinate efforts to implement this section. (l) (1) Nothing in this section shall be construed to compel a parent or guardian of a child enrolled in a state preschool program to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or to participate in the family language and interest interview described in subdivision (d). (2) A contract for a state preschool program shall not be affected by a parent or guardian of a child enrolled in a state preschool program who declines to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d). (3) Nothing in this section shall be construed to affect the eligibility of a child to enroll in a state preschool program under Section 8208. (Amended by Stats. 2023, Ch. 435, Sec. 1. (AB 393) Effective January 1, 2024.)
  191. 8242.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

    Verify source ↗

    This section sets preschool reimbursement rates and lets the department create related regulations.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. (1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services. (2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs. (b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968). (B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621). (2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15. (c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following: (A) The 75th percentile of the 2018 regional market rate survey. (B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b). (2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022. (3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following: (A) Address, including ZIP Code. (B) Race and ethnicity. (C) Gender. (D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency. (E) What types of federal relief funds have been received from the state. (F) Use of federal relief funds received. (G) Documentation that the provider met certifications as required by federal law. (4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements. (d) (1) Funding shall be allocated to the State Department of Education, pursuant to paragraph (2), from a portion of funds in Schedule (1) of Item 6100-194-0001 of, and Schedule (1) of Item 6100-196-0001 of, the Budget Act of 2026 to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in California state preschool programs. (2) (A) Of the funding described in paragraph (1), funding is hereby allocated to the State Department of Education to provide preschool providers with a monthly cost of care plus rate increase commencing July 1, 2026. The increase per child shall be equal to the amount calculated in clause (iii) of subparagraph (B). (B) The Department of Finance shall make the following calculations based on data provided by the State Department of Education: (i) The total cost of providing the statutory cost of living adjustment for preschool programs in the 2026–27 fiscal year pursuant to Section 42238.15 for the preschool programs described in paragraph (1). (ii) The estimated cost of providing the monthly cost of care plus rates described in subparagraph (E) of paragraph (2) of subdivision (c) of Section 10277.1 of, and paragraph (3) of subdivision (c) of Section 10277.2 of, the Welfare and Institutions Code in the 2026–27 fiscal year based on the estimates of child enrollment for the 2026–27 fiscal year provided by the State Department of Education. (iii) Divide the amount calculated in clause (i) by the amount calculated in clause (ii). (C) Notwithstanding any other law, for the 2026–27 fiscal year, the cost-of-living adjustment shall be 2.009 percent for the purpose of the calculation in subparagraph (B). (e) (1) (A) Notwithstanding subdivisions (b) and (c), for the 2023–24 fiscal year and the 2024–25 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (B) It is the intent of the Legislature that any adjustments in the 2023–24, 2024–25, and 2025–26 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill. (2) Notwithstanding subdivisions (b) and (c), for the 2025–26 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (3) Notwithstanding subdivisions (b) and (c), for the 2026–27 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (f) Commencing July 1, 2026, the cost-of-living adjustment shall be applied consistently with subdivision (m) of Section 10227.6 of the Welfare and Institutions Code. (Amended by Stats. 2026, Ch. 25, Sec. 13. (AB 150) Effective June 29, 2026.)
  192. 8243.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

    Verify source ↗

    This section defines “early childhood mental health consultation service” and requires the department to issue implementation guidance by the stated date, in consultation with the State Department of Social Services, while regulations are not yet filed.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8243. (a) (1) For purposes of this section, “early childhood mental health consultation service” means a service benefiting a child who is served in a California state preschool program. (2) For purposes of this section, “early childhood mental health consultation service” includes, but is not limited to, all of the following: (A) Support for providers, parents, legal guardians, and caregivers to create trauma-informed, proactive inclusive environments and to respond effectively to all children. (B) Assistance through individual site consultations, provision of resources, formulation of training plans, referrals, and other methods that address the unique needs of programs and providers. (C) Aid to providers, parents, legal guardians, and caregivers, and encouragement and facilitation of collaboration and communication, in developing the skills and tools needed to be successful as they support the development and early learning of all children, including observing environments, facilitating the development of action plans, and supporting site implementation of those plans. (D) The development of strategies for addressing prevalent child mental health concerns, including internalizing problems, such as appearing withdrawn, and externalizing problems, such as exhibiting persistent and serious behaviors. (E) If a child exhibits persistent and serious behaviors, support with the pursuit and documentation of reasonable steps to maintain the child’s safe participation in the program, as described in Section 8489.1. (F) Face-to-face interactions or video-based platforms and other modes of communication that are compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191), such as the telephone. (G) Group or individual consultations of any of the actions described in this paragraph. (b) The cost to an agency of providing an early childhood mental health consultation service shall be reimbursable pursuant to Section 8244 if all of the following apply: (1) The early childhood mental health consultation service is provided on a schedule of sufficient and consistent frequency continuously throughout the program year, to significantly contribute to all of the following: (A) Improving interpersonal relationships and child outcomes. (B) Increasing the confidence, competence, and well-being of those consulted. (C) Eliminating suspensions and expulsions. (2) (A) The early childhood mental health consultation service is provided by one of the following persons: (i) A licensed mental health professional, including a marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed child and adolescent psychiatrist, a credentialed school counselor, or a school psychologist credentialed pursuant to Section 44266 and employed pursuant to Section 49400. The person described in this subparagraph shall have at least three years of experience providing mental health services to children zero to five years of age, inclusive, shall have training in infant, family, and early childhood mental health, shall be adequately insured, shall have held their respective license for a minimum of two years, and shall be in full compliance with all continuing education requirements applicable to their profession. (ii) A license-eligible marriage and family therapist, a license-eligible clinical social worker, a license-eligible professional clinical counselor, a license-eligible psychologist, or a license-eligible child and adolescent psychiatrist, who is supervised by a person meeting all of the requirements described in clause (i). (iii) A person holding, at a minimum, a master’s degree in a field related to mental health or human services, including, but not limited to, marriage and family therapy, clinical social work, professional clinical counseling, infant mental health, human development, human services, psychology, school psychology, child and adolescent psychiatry or occupational therapy, education, social work, and other related fields, as determined by the department, and who has at least two years of experience working with children zero to five years of age, inclusive, who is supervised by a person meeting all of the requirements described in clause (i). (iv) A person meeting all of the requirements described in clause (i) who is providing supervision pursuant to clause (ii) may be an employee of a contracting agency, including on a temporary or part-time basis, or engaged as an external contractor, provided that supervision takes place on a regular basis that is sufficient to offer professional guidance and support. (B) Any person providing mental health consultation services pursuant to this section shall have a successful criminal background check. (3) The early childhood mental health consultation service uses a relationship-based model emphasizing strengthening relationships among early childhood education providers, parents, children, and representatives of community systems and resources, and integrates reflective practice into the onsite consultation model. This model shall include, but not be limited to, all of the following: (A) At least twice per program year, conducting early care- and education setting-based mental health assessments, such as the “Climate of Healthy Interactions for Learning & Development (CHILD)” or other appropriate instrument. (B) Recordkeeping that adequately documents all consultation activities. (C) With consent from parents or legal guardians, at least one screening of each enrolled child for adverse childhood experiences and screening for buffering factors, including, but not limited to, resilience. (4) Within the first 30 days upon hire or start of consultation service, a provider agency ensures that a consultant is trained in all of the following: (A) California law and professional ethics for early childhood mental health consultation, including all of the following: (i) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of early childhood mental health consultation. (ii) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of early childhood mental health consultation. (iii) Confidentiality, particularly as it pertains to minors. (B) Child abuse and neglect mandated reporting laws. (C) Best practices and foundations of early childhood mental health consultation. (D) All relevant laws and regulations regarding state and federal childcare programs. (5) Consultants and supervisors shall participate in continuing professional development and education for at least 18 hours per program year. Topics may include, but are not limited to, infant-family and early childhood mental health, implicit bias and equity, trauma-informed practice, early childhood development, and consultation. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State, the department shall, in consultation with the State Department of Social Services, on or before December 31, 2023, issue guidance through management bulletins or similar letters of instruction for programs on implementing the requirements set forth in this section. (Amended by Stats. 2022, Ch. 915, Sec. 3. (AB 2806) Effective January 1, 2023.)
  193. 8245.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    This section sets reimbursement factors for full-day California state preschool based on how many hours children are served.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8245. (a) For each fiscal year, for the purposes of this chapter, reimbursement rates for full-day California state preschool shall be adjusted by the following reimbursement factors: (1) Prior to January 1, 2022, California state preschool program providers serving children for not less than four hours per day, and less than six and one-half hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate. (2) Prior to January 1, 2022, California state preschool program providers serving children for not less than six and one-half hours per day, and less than 10 and one-half hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate. (3) For California state preschool program providers serving children for 10 and one-half hours or more per day, the reimbursement factor is 118 percent of the standard reimbursement rate. (b) It is the intent of the Legislature, notwithstanding the difference between the standard reimbursement rate and the regional market rate, to support serving children for the length of day that is appropriate under a provider’s contract. (Added by renumbering Section 8266.1 by Stats. 2021, Ch. 116, Sec. 90. (AB 131) Effective July 23, 2021.)
  194. 8245.5.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    This section sets how certain California preschool program reimbursements are calculated for specified periods and conditions, and it requires distance learning services and a distance learning plan in some COVID-19 closure cases.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8245.5. (a) (1) Notwithstanding any other law, for the 2022–23 fiscal year only, contracting agencies operating a California state preschool program shall be reimbursed according to paragraph (2), if they meet either of the following requirements: (A) The program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year. (B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic. (2) Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent. (3) A California state preschool program that is physically closed as described in subparagraph (B) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services, as specified by the Superintendent, for the program. A contractor specified in paragraph (1) shall submit a distance learning plan to the department overseeing their contract pursuant to guidance from the Superintendent. (b) Notwithstanding any other law, reimbursement for full-day and part-day California state preschool family childcare home education network providers for the 2022–23 fiscal year shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance. (c) Notwithstanding any other law, commencing July 1, 2023, to June 30, 2025, inclusive, if a program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year, the contract reimbursement amount shall be based on the lesser of either of the following: (1) One hundred percent of the contract maximum reimbursable amount. (2) Net reimbursable program costs. (d) Notwithstanding any other law, commencing January 1, 2023, and to July 1, 2028, inclusive, reimbursement for full-day and part-day California state preschool family childcare home education network providers shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance, less any allowable administrative expenses withheld by the contractor. (e) If the provisions of subdivisions (c), (d), (f), and (g) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (f) Commencing July 1, 2025, and through June 30, 2026, if a program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (g) Commencing July 1, 2026, the contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section. (Amended by Stats. 2025, Ch. 108, Sec. 1. (SB 151) Effective September 17, 2025.)
  195. 8246.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    The Superintendent of Public Instruction and the State Controller must establish plans to advance preschool funds to contracting agencies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8246. The Superintendent of Public Instruction and the State Controller shall establish the necessary plans to advance preschool funds to contracting agencies. (Added by renumbering Section 8268 by Stats. 2021, Ch. 116, Sec. 94. (AB 131) Effective July 23, 2021.)
  196. 8247.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    The Superintendent of Public Instruction must adopt rules, regulations, and guidelines for the chapter’s funding and reimbursement procedures, and may set additional regulations on service conditions and children’s enrollment hours.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8247. (a) The Superintendent of Public Instruction shall adopt rules, regulations, and guidelines to facilitate the funding and reimbursement procedures required by this chapter. (b) The Superintendent may establish any regulations the Superintendent deems advisable concerning conditions of service and hours of enrollment for children in the programs. (Added by renumbering Section 8269 by Stats. 2021, Ch. 116, Sec. 95. (AB 131) Effective July 23, 2021.)
  197. 8248.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    The Superintendent of Public Instruction must support coordination of resources for state and local agencies serving preschool through grade 12 children and their families.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8248. The Superintendent of Public Instruction shall support the coordination of resources available to state and local agencies serving preschool through grade 12 children and their families. During times of disaster this shall include coordinating resources to support the specific needs of children and families. (Added by renumbering Section 8270 by Stats. 2021, Ch. 116, Sec. 96. (AB 131) Effective July 23, 2021.)
  198. 8249.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    Programs are not to be penalized for certain expenses or later budget allocations when operating agencies cannot operate because of incomplete repairs or renovations, or other circumstances beyond their control.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8249. In the event that operating agencies are unable to operate due to incomplete repairs and renovations authorized by administrating state agencies, or due to circumstances beyond the control of the operating agency, including earthquakes, floods, or fire, such programs shall not be penalized for incurred program expenses nor in subsequent annual budget allocations. (Added by renumbering Section 8271 by Stats. 2021, Ch. 116, Sec. 97. (AB 131) Effective July 23, 2021.)
  199. 8250.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    The Superintendent of Public Instruction must adopt regulations that allow reimbursement of certain interest costs and require contractors to show the interest does not exceed the state’s yearly value from using the 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8250. (a) The rules, regulations, and guidelines adopted by the Superintendent of Public Instruction pursuant to Sections 8231 and 8247 shall permit reimbursement for interest paid by contractors on private sector debt financing for the purchase, lease-purchase, repair, or renovation of preschool facilities owned or leased by contractors providing center-based preschool. (b) The Superintendent of Public Instruction shall adopt regulations requiring contractors to demonstrate that the amount of interest paid in a year on private sector debt financing for the purposes identified in subdivision (a) does not exceed the value obtained by the state in the use of the facilities during the year for the preschool services program. The regulations shall include, but not be limited to, the following methods of making this demonstration: (1) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a portable building, including any transportation charges, installation charges, loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (2) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a permanent building and real estate, including any loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (3) Evidence acceptable to the Superintendent of Public Instruction that loan payments for the purchase of a portable building or permanent building and real estate, including principal and interest, do not exceed the fair market rental cost that the contractor would have paid if the property was not purchased. (c) Loans or lease-purchase agreements amortized over the number of years designated in subdivision (b), but due in a fewer number of years, shall not be disallowed because of the shorter due date. (Added by renumbering Section 8272 by Stats. 2021, Ch. 116, Sec. 98. (AB 131) Effective July 23, 2021.)
  200. 8251.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. )

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    An agency contracting with the department for California state preschool program services may use state reimbursement funding for up to five days of staff training each contract period.

    ## 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 2. Early Education Act [8200 - 8490] ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. ) ## ARTICLE 4. Reimbursement Rates [8242 - 8251] ( Article 4 heading added by Stats. 2021, Ch. 116, Sec. 45. ) ## 8251. An agency contracting with the department to provide California state preschool program services may schedule up to five days of staff training, per contract period, using state reimbursement funding on the topics including procedures for emergencies in preschool programs, licensing regulations relating to preschool programs, recognition and reporting of suspected abuse of children in preschool programs, managing challenging behaviors and preventing expulsion of children, and addressing items on the program’s Quality Rating and Improvement System (QRIS) Quality plan. (Amended by Stats. 2026, Ch. 25, Sec. 14. (AB 150) Effective June 29, 2026.)

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