Education Code — Part 53 | EDC — United States — California law | Esheria

Education Code

Part 53 of 57 · provisions 10,401–10,600

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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. 89529.11.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] ( Article 1.1 added by Stats. 1988, Ch. 670, Sec. 2. )

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    This article becomes effective when applicable rules and regulations are adopted, but no later than January 1, 1975.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] ( Article 1.1 added by Stats. 1988, Ch. 670, Sec. 2. ) ## 89529.11. (a) This article shall be effective upon the adoption of applicable rules and regulations, but not later than January 1, 1975. (b) The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1988, Ch. 670, Sec. 2.)
  2. 89529.15.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    This section defines key terms used in the article, including who counts as an employee, what full pay means, what disability means, what a disability benefit period is, and what appeals board means.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.15. As used in this article: (a) “Employee” means any of the following: (1) A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after October 1, 1976. (2) A permanent or probationary part-time or intermittent employee of the trustees with at least the equivalent of six monthly compensated pay periods of service in the 18 months of pay periods immediately preceding the pay period in which the disability begins, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979. (3) In addition to those eligible under paragraph (1), an employee of the trustees appointed half-time or more for one year of service or one academic year, as defined by the trustees, or more, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979. (4) A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a participant in the optional retirement program pursuant to Chapter 5.5 (commencing with Section 89600), provided that he or she would otherwise be eligible to participate in the Public Employees’ Retirement System except for the election to participate in the optional retirement program. (b) “Full pay” means the gross base salary earnable by the employee and subject to retirement contribution on the date of the commencement of his or her disability. (c) “Disability” or “disabled” includes mental or physical illness and mental or physical injury including any illness or injury resulting from pregnancy, childbirth, or related medical condition. An employee is deemed disabled on any day in which, because of his or her physical, mental, or medical condition, he or she is unable to perform his or her regular or customary work. (d) “Disability benefit period”, with respect to any individual, means the continuous period of disability beginning with the first day with respect to which the individual files a valid claim for nonindustrial disability benefits. For the purpose of this article, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 14 days shall be considered as one disability benefit period. (e) “Appeals board” means the California Unemployment Insurance Appeals Board. (Amended by Stats. 1996, Ch. 385, Sec. 2. Effective January 1, 1997.)
  3. 89529.16.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    If this article conflicts with a memorandum of understanding, the memorandum controls unless its provisions require spending funds; in that case, those provisions need approval in the annual Budget Act before taking effect.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.16. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those 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. 1988, Ch. 670, Sec. 3.)
  4. 89529.17.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    An employee who becomes disabled is entitled to nonindustrial disability benefits, generally at one-half pay, subject to caps and time limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.17. (a) When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to the provisions of this article, to receive nonindustrial disability benefits in an amount equal to one-half pay, but not to exceed one hundred twenty-five dollars ($125) per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period, but in no case shall benefits be payable for any day on and after death or separation or retirement from state service. (b) For purposes of this section, the “full pay” of a part-time or intermittent employee only shall be established in accordance with the following: (1) Where the part-time employment is regularly scheduled and is a fixed proportion of the established workweek, the payments shall be determined on the basis of that proportionate part of the monthly rate. (2) Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  5. 89529.18.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    A disabled employee may receive nonindustrial disability benefits only if the Director of Employment Development finds the stated eligibility conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.18. A disabled employee is eligible to receive nonindustrial disability benefits under this article equal to one-seventh of his or her weekly benefit amount specified in Section 89529.17 for each full day during which he or she is unemployed due to a disability only if the Director of Employment Development finds that: (a) He or she has made a claim for disability benefits as required by authorized regulations. (b) He or she has been disabled for a waiting period of seven consecutive days during each disability benefit period with respect to which waiting period no benefits under this article are payable except for confinement in a hospital or nursing home for at least one day. (c) He or she has exhausted all sick leave to which he or she was entitled under Article 1 (commencing with Section 89501) of this chapter. (d) Except for an individual described in Section 2709 of the Unemployment Insurance Code, he or she has submitted to such reasonable examinations as the Director of Employment Development may require for the purpose of determining his or her mental or physical disability. (e) He or she has filed a certificate described in Section 2708 or 2709 of the Unemployment Insurance Code. (f) Except as otherwise provided, he or she meets, in all respects, the eligibility requirements imposed on individuals by Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code for receipt of umemployment compensation disability benefits. In case of any conflict between Part 2 (commencing with Section 2601) of the Unemployment Insurance Code and this article, this article shall prevail. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  6. 89529.19.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    A disabled employee may receive nonindustrial disability benefits without first using accrued vacation leave, unless the employee chooses to use the vacation leave instead.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.19. A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave accrued under Article 1 (commencing with Section 89501) of this chapter, unless the employee, in his or her sole discretion, elects to use the vacation leave in lieu of receiving benefits under this article, in which case benefits under this article shall not commence until the employee has exhausted the accrued vacation leave. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  7. 89529.20.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    An employee cannot get disability benefits under this article for any period covered by unemployment compensation eligibility or receipt.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.20. An employee is not eligible for disability benefits under this article with respect to any period for which the Director of Employment Development finds that he or she has received or is entitled to receive unemployment compensation benefits under Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code or under an unemployment compensation act of any other state or of the federal government. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  8. 89529.21.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    An individual generally cannot get disability benefits for a day if they received or can receive certain other cash benefits, but they may receive reduced benefits when the other benefits are smaller.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.21. (a) Except as provided in this section, an individual is not eligible for disability benefits under this article for any day of unemployment and disability for which he or she has received, or is entitled to receive, “other benefits” in the form of cash payments. (b) “Other benefits”, as used in this section, means: (1) Temporary disability indemnity under a workers’ compensation law of this state or of any other state or of the federal government or under Article 1.1 (commencing with Section 89529). (2) Temporary disability benefits under any employer’s liability law of this state or of any other state or of the federal government. (c) If such “other benefits” are less than the amount an individual would otherwise receive as disability benefits under this article, he or she shall be entitled to receive, for that day, if otherwise eligible, disability benefits under this article reduced by the amount of the “other benefits”. If after receipt of, or determination of entitlement to receive, such other benefits, a claim for disability benefits under this article is filed during the same continuous period of disability, because of a disability for which a claim for the other benefits was made, the maximum amount of disability benefits payable under this article during the disability benefit period thereby established shall be reduced by the amount of the “other benefits” which the claimant has received or has been determined to be entitled to receive. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  9. 89529.22.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    Employee disability benefits are reduced by certain discretionary deductions unless the employee cancels them, and related employer contributions continue only when those deductions continue.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.22. Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which an employee is enrolled, shall be deducted from the disability benefits under this article unless canceled by the employee. If an employee deduction under a state health benefits plan is continued, the state employer contribution shall also continue. An employee shall not receive service credit under the Public Employees’ Retirement System or the State Teachers’ Retirement System during the period of receipt of disability benefits under this article and contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not be deducted. State employer contribution shall also not be made to either system during that period. An employee shall not accrue sick leave or vacation credit or service credit for any other purpose during the period of receipt of disability benefits under this article. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  10. 89529.23.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    Disability benefit claims under this article must be handled according to the procedures in the referenced Unemployment Insurance Code article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.23. Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4 (commencing with Section 2701) of Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  11. 89529.24.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    The trustees must adopt rules and regulations needed to administer this article for California State University employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.24. The trustees shall adopt any rules and regulations necessary for the administration of this article for employees of the California State University. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  12. 89529.25.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. )

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    This section says the reenactment of the article does not change the law and is only declaratory of existing law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] ( Article 1.2 added by Stats. 1988, Ch. 670, Sec. 3. ) ## 89529.25. The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1988, Ch. 670, Sec. 3.)
  13. 8953.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The board of trustees must adopt rules for fees, applications, auditions, and admissions for the California State Summer School for the Arts. Pupils must meet one of the listed eligibility criteria, and summer school participation generally does not count toward high school graduation unless the pupil’s regular school pays certain fees by the last day of the session.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8953. The board of trustees shall adopt rules and regulations governing fees, applications, auditions, and admission procedures for the California State Summer School for the Arts, and any other procedure or operation necessary to implement the requirements of this chapter. The rules and regulations shall include, but not be limited to, all of the following: (a) The requirement that pupils admitted to the California State Summer School for the Arts be broadly representative of the socioeconomic and ethnic diversity of the state. (b) In order to be eligible for admission to the summer school, a pupil shall meet one of the following criteria: (1) The pupil graduated, or will graduate, from junior high school at the end of the school year immediately preceding the summer school session for which he or she is applying. (2) The pupil is currently enrolled in any of the grades 9 through 12. (3) The pupil graduated from high school during the school year immediately preceding the summer school session for which he or she is applying. (c) A pupil’s participation in the summer school shall not be credited toward the pupil’s completion of the course of study prescribed for graduation from high school, unless the pupil’s regular school of attendance tenders payment, no later than the last day of the summer school session, for all application and other fees and expenses charged to the pupil of a kind that would not be charged to a pupil enrolled in the public school system. (Amended by Stats. 1985, Ch. 1131, Sec. 5.)
  14. 8953.3.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    Non-California residents, including students from other countries, may be admitted to the California State Summer School for the Arts if they meet the stated eligibility criteria, but admissions are capped each year.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8953.3. (a) The Legislature finds and declares that the admission of out-of-state pupils to the California State Summer School for the Arts will enhance the national and international standing of the pupils who attend the summer school, and increase the revenues to the school from both tuition and contributions. (b) Pursuant to the eligibility criteria set forth in subdivision (b) of Section 8953, pupils who are not California residents, including residents of other countries, may be admitted to the summer school, not to exceed in any year 20 pupils or five percent of the total pupil population of the summer school, whichever is less. No admission under this subdivision shall result in the denial of admission under this chapter to a California resident who is eligible for that admission and satisfies applicable artistic qualifications for admission. (Added by Stats. 1992, Ch. 193, Sec. 1. Effective January 1, 1993.)
  15. 8953.5.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The board of trustees must run and govern the California State Summer School for the Arts and carry out several related tasks, including appointing a director, setting up an application process, and creating support structures.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8953.5. The board of trustees shall do all of the following: (a) Provide for the operation and governance of the California State Summer School for the Arts. (b) Appoint a person to fill the full-time, permanent, exempt position of Director of the California State Summer School for the Arts. The director shall employ two assistants, one for program and one for administration, and any other necessary staff. (c) Develop a statewide application and audition procedure. The procedure shall be implemented with the cooperation of the appropriate state and local agencies, including, but not limited to, school districts, the California State University, and the California Community Colleges. The cost of the application and audition process shall be at least partially offset by charging each applicant a fee not to exceed twenty dollars ($20). Applicants who are unable to pay the fee shall petition the State Department of Education for a waiver, which shall be granted or denied pursuant to the rules and regulations adopted pursuant to Section 8953. (d) Maintain an advisory committee or committees to assist the board in administering the summer school. (e) Develop the curriculum of the summer school. (f) Establish a nonprofit foundation to develop and receive private support for the summer school. (g) Establish a permanent endowment fund for the summer school. (h) Exercise any other powers necessary to carry out the purposes of this chapter. (Added by Stats. 1985, Ch. 1131, Sec. 6.)
  16. 8953.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The State Department of Education must help the California State Summer School for the Arts by administering a fee-waiver process and sending notices and guidelines to school districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8953.7. The State Department of Education shall assist the California State Summer School for the Arts by providing the following services: (a) The development and administration of a process for the waiver of registration or program fees pursuant to this chapter. (b) The distribution to all school districts in the state of notices and guidelines that describe the application procedure, site of the summer school, cost of participation, criteria for admission, and other pertinent information regarding the summer school. (Added by Stats. 1985, Ch. 1131, Sec. 7.)
  17. 89530.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines key employment terms and excludes California State University presidents and student assistants from the article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89530. (a) As used in this article, unless the context otherwise requires: (1) “Dismissal” means dismissal for cause. (2) “Layoff” means separation from a position for lack of funds or lack of work. (3) “Probation” means the period an employee must serve before becoming entitled to permanent employment. (4) “Permanent” means that the employee has a right to continued employment unless dismissed or laid off. (b) This article does not apply to the California State University presidents. (c) This article does not apply to student assistants. (Amended by Stats. 1983, Ch. 143, Sec. 129.)
  18. 89531.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Nonacademic employees are appointed for a one-year probationary period, and a qualifying reappointment makes the employee permanent. A conflicting memorandum of understanding controls, unless it would require spending funds without Budget Act approval.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89531. (a) Every nonacademic employee shall be appointed for one year which is a probationary period. On reappointment for the second year, the employee shall be permanent at the same level and salary step or higher salary step as at completion of the probationary year. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  19. 89532.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Vacant or newly established nonacademic positions should, as far as consistent with applicable guidelines and the best interests of CSU, be filled from qualified current nonacademic CSU employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89532. (a) All vacant or newly established nonacademic positions shall, as far as consistent with federal, state, and campus affirmative action guidelines and the best interests of the California State University, be filled from qualified nonacademic employees currently employed by the California State University. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1982, Ch. 796, Sec. 1.)
  20. 89533.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Nonacademic employees generally need only one probationary period to get permanent status, but a promotion to substantially different duties can require another probationary period.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89533. (a) Any nonacademic employee shall be required to serve only one probationary period to gain permanent status in a position or in a substantially similar position. If such an employee is promoted to a position with substantially different duties or to a position that requires additional duties and abilities, he shall serve an additional probationary period; but if he does not become permanent in the new position, he shall have the right to return to any class in which he was permanent or to the class in which he was serving before his promotion. An employee who is promoted before he completed the probationary period in the lower class and is returned to such class without having become permanent in the new position shall receive credit toward permanent status in the lower class for the period of time he had previously performed satisfactorily therein. An employee who is promoted before he completed the probationary period in the lower class shall earn permanent status in the lower class at the end of one year from the original appointment date in the lower class, provided the duties in the higher class are substantially similar to the duties in the lower class and the employee’s performance in both classes has been satisfactory. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  21. 89534.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must adopt rules for how notice of rejection or nonreappointment is given to certain probationary or nonpermanent employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89534. (a) The trustees shall adopt rules prescribing the form, time and method of notice of rejection at any time during the probationary period to any probationary nonacademic employee, or notice of intention not to recommend reappointment of an academic employee for the succeeding year to any such employee not having permanent status. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  22. 89535.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Permanent or probationary employees may be dismissed, demoted, or suspended for listed causes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89535. Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes: (a) Immoral conduct. (b) Unprofessional conduct. (c) Dishonesty. (d) Incompetency. (e) Addiction to the use of controlled substances. (f) Failure or refusal to perform the normal and reasonable duties of the position. (g) Conviction of a felony or conviction of any misdemeanor involving moral turpitude. (h) Fraud in securing appointment. (i) Drunkenness on duty. (Amended by Stats. 1984, Ch. 1635, Sec. 39.)
  23. 89536.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent or probationary employee who is physically or mentally unfit for the position may be suspended, demoted, or dismissed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89536. Any permanent or probationary employee who is physically or mentally unfit for the position occupied may be suspended, demoted, or dismissed pursuant to the provisions of Sections 89538, 89539, and 89540. (Enacted by Stats. 1976, Ch. 1010.)
  24. 89536.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the trustees decide an employee cannot do any job in the state university system and the employee qualifies for disability retirement without waiving it, the trustees must file for disability retirement, give notice, and may place the employee on involuntary leave.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89536.1. (a) If, after considering the conclusions of a medical examination or medical reports from an employee’s physician or other pertinent information, the trustees determine that the employee is unable to perform the work of his or her present position or any other position in the state university system, and the employee is eligible for, and does not waive the right to, retire for disability, the trustees shall file an application for disability retirement on the employee’s behalf. The trustees shall give the employee 15 days’ written notice of their intention to file the application and a reasonable opportunity to respond prior to the filing of the application. However, the decision to file the application is final, and is not appealable to the State Personnel Board. (b) Notwithstanding Section 21153 of the Government Code, upon filing the application for disability retirement, the trustees may remove the employee from his or her job and place the employee on involuntary leave status. The employee may use any accrued leave during the period of the involuntary leave. If the employee’s leave credits and programs are exhausted, or if they do not provide benefits that are at least equal to the estimated retirement allowance, the trustees shall pay the employee an additional temporary disability allowance so that the employee receives payment that is equal to the estimated retirement allowance. The trustees shall continue to make all employer contributions to the employee’s health insurance plan during the period of involuntary leave. (c) If the application for disability retirement is subsequently granted, the retirement system shall reimburse the trustees for the temporary disability allowance, which shall be deducted from any back disability retirement benefits that are otherwise payable to the employee. If the application is denied, the trustees shall reinstate the employee to his or her position, with back salary and benefits, less any temporary disability allowance paid by the trustees. The trustees shall also restore any leave credits that the employee used during the period of the involuntary leave. (Added by Stats. 2003, Ch. 213, Sec. 1. Effective January 1, 2004.)
  25. 89537.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says “unprofessional conduct” under Section 89535 includes willful advocacy of overthrowing the U.S. or state government by force, violence, or other unlawful means, on or off campus.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89537. “Unprofessional conduct” as used in Section 89535 includes, but is not limited to, willful advocacy of the overthrow of the government of the United States or of the state, by force, violence or other unlawful means, either on or off the campus. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1995, Ch. 758, Sec. 266. Effective January 1, 1996.)
  26. 89538.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain dismissal, demotion, suspension, and reassignment notices must be written and served on the employee, with stated reasons and hearing rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89538. (a) Notice of dismissal, demotion, or suspension for cause of an employee shall be in writing, signed by the chancellor or his or her designee and be served on the employee. The notice shall set forth a statement of causes, the events or transactions upon which the causes are based, the nature of the penalty and the effective date, and a statement of the employee’s right to answer within 30 days and request a hearing before the State Personnel Board. (b) Notice of the reassignment of an administrative employee pursuant to Section 66609 shall be in writing, and shall be served on the employee. The notice shall set forth a statement of the employee’s right to answer within 30 days and request a hearing before the trustees. This hearing shall be only on the question of whether the position to which the employee is reassigned is commensurate with his or her qualifications. (Amended by Stats. 1999, Ch. 283, Sec. 1. Effective January 1, 2000.)
  27. 89539.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees dismissed, suspended, or demoted for cause, and certain reassigned administrative employees, may request a hearing within 30 days; the Board or trustees must hear the matter and decide it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89539. (a) (1) Any employee dismissed, suspended, or demoted for cause may request a hearing by the State Personnel Board by filing a request, in writing, with the board within 30 days of being served with the notice. (2) The request may be on any one or more of the following grounds: (A) The required procedure was not followed. (B) There is no ground for dismissal, suspension, or demotion. (C) The penalty is excessive, unreasonable, or discriminatory. (D) The employee did not do the acts or omissions alleged as the events or transactions upon which the causes are based. (E) The acts or omissions alleged as the events or transactions upon which the causes are based were justified. (b) The State Personnel Board shall hold a hearing, following the same procedure as in state civil service proceedings, and shall render a decision affirming, modifying, or revoking the action taken. In a hearing, the burden of proof shall be on the party taking the dismissal action. (c) An administrative employee reassigned pursuant to Section 66609 may request a hearing by the trustees by filing a request for a hearing, in writing, with the trustees within 30 days of being served with the notice. The request may be on the grounds that the required procedure was not followed or that the position to which the employee is reassigned is not commensurate with his or her qualifications. The trustees shall hold a hearing, and shall render a decision affirming, modifying, or revoking the action taken. (d) The State Personnel Board may bill the California State University for the costs incurred in conducting hearings involving employees of the California State University pursuant to Sections 89535 to 89542, inclusive. (Amended by Stats. 1999, Ch. 283, Sec. 2. Effective January 1, 2000.)
  28. 89539.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee served with notice of dismissal, suspension, or demotion for cause, or the employee’s representative, may inspect relevant documents held or controlled by the trustees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89539.1. An employee who has been served with notice of dismissal, suspension, or demotion for cause, or a representative designated by the employee, shall have the right to inspect any documents in the possession of, or under the control of, the trustees that are relevant to the action taken or that would constitute “relevant evidence,” as defined in Section 210 of the Evidence Code. (Added by Stats. 2003, Ch. 846, Sec. 1. Effective January 1, 2004.)
  29. 89539.2.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets the process and deadlines for petitioning to compel discovery, including responses, hearings, court review, stays, and possible fee awards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89539.2. (a) Any party claiming that his or her request for discovery pursuant to Section 89539.1 has not been complied with may serve and file a petition to compel discovery with the Hearing Office of the State Personnel Board, naming as the respondent the party refusing or failing to comply with Section 89539.1. The petition shall state facts showing that the respondent failed or refused to comply with Section 89539.1, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under Section 89539.1, and the ground or grounds for the respondent’s refusal so far as known to the petitioner. (b) (1) The petition shall be served upon the respondent, and filed within 14 days after the respondent first evidenced his or her failure or refusal to comply with Section 89539.1, or within 30 days after the request was made and the party has failed to reply to the request, whichever period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing, except upon a petition and a determination by the administrative law judge of good cause. In determining good cause, the administrative law judge shall consider the necessity and reasons for the discovery, the diligence or lack of diligence of the moving party, whether the granting of the petition will delay the commencement of the administrative hearing on the date set, and the possible prejudice of the action to any party. (2) The respondent shall have a right to file a written answer to the petition. Any answer shall be filed with the Hearing Office of the State Personnel Board and the petitioner within 15 days of service of the petition. (3) Unless otherwise stipulated by the parties and as provided by this section, the administrative law judge shall review the petition and any response filed by the respondent, and issue a decision granting or denying the petition within 20 days after the filing of the petition. Nothing in this section shall preclude the administrative law judge from determining that an evidentiary hearing shall be conducted prior to the issuance of a decision on the petition. In the event that a hearing is ordered, the decision of the administrative law judge shall be issued within 20 days of the closing of the hearing. (4) A party aggrieved by the decision of the administrative law judge may, within 30 days of service of the decision, file a petition to compel discovery in the superior court for the county in which the administrative hearing will be held or in the county in which the headquarters of the trustees is located. The petition shall be served on the respondent. (c) If, from a reading of the petition, the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the respondent; otherwise the court shall enter an order denying the petition. The order to show cause shall be served upon the respondent and his or her attorney of record in the administrative proceeding by personal delivery or certified mail, and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may, in its discretion, order the administrative proceeding stayed during the pendency of the proceeding, and, if necessary, for a reasonable time thereafter to afford the parties time to comply with the court order. (e) If the matter sought to be discovered is under the custody or control of the respondent and the respondent asserts that the matter is not a discoverable matter under Section 89539.1, or is privileged against disclosure under Section 89539.1, the court may order lodged with it matters that are provided in subdivision (b) of Section 915 of the Evidence Code, and shall examine the matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and any oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall, no later than 45 days after the filing of the petition, file its order denying or granting the petition. However, the court may, on its own motion, for good cause, extend the time an additional 45 days. The order of the court shall be in writing, setting forth the matters or parts the petitioner is entitled to discover under Section 89539.1. A copy of the order shall forthwith be served by mail by the clerk upon the parties. If the order grants the petition in whole or in part, the order shall not become effective until 10 days after the date the order is served by the clerk. If the order denies relief to the petitioning party, the order shall be effective on the date it is served by the clerk. (h) (1) The order of the superior court shall be final and, except for this subdivision, shall not be subject to review by appeal. A party aggrieved by the order, or any part thereof, may, within 30 days after the service of the superior court’s order, serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside, or otherwise modify, its order. (2) If a review is sought from an order granting discovery, the order of the trial court and the administrative proceeding shall be stayed upon the filing of the petition for writ of mandamus. However, the court of appeal may dissolve or modify the stay thereafter, if it is in the public interest to do so. If the review is sought from a denial of discovery, neither the trial court’s order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) If the superior court finds that a party or his or her attorney, without substantial justification, failed or refused to comply with Section 89539.1, or, without substantial justification, filed a petition to compel discovery pursuant to this section, or, without substantial justification, failed to comply with any order of court made pursuant to this section, the court may award court costs and reasonable attorney’s fees to the opposing party. Nothing in this subdivision shall limit the power of the superior court to compel obedience to its orders by contempt proceedings. (Amended by Stats. 2005, Ch. 22, Sec. 54. Effective January 1, 2006.)
  30. 8954.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The summer school’s instructional period must be 4 to 6 weeks, and if it holds two sessions a year, each session must fit within the stated school-year timing window. Its faculty must include both arts educators and professional artists.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8954. The period of instruction for the California State Summer School for the Arts shall be not less than four weeks and no more than six weeks in length. This section shall not be construed to prohibit holding two sessions per year, provided that the summer school shall commence no earlier than one week following the end of the regular school year, and shall be concluded no later than one week prior to the commencement of the next regular school year. The faculty of the school shall be comprised of both arts educators and professional artists. (Amended by Stats. 1985, Ch. 1131, Sec. 8.)
  31. 89540.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a dismissal, suspension, demotion, or reassignment is revoked or modified, the employee must be restored to the position and paid back salary.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89540. If the dismissal, suspension, or demotion or the reassignment is revoked or modified by the State Personnel Board or the trustees, the employee shall be restored to his position in accord with the decision, and shall be paid back salary equal to that which the employee would have earned if continuously employed in accord with the decision. (Enacted by Stats. 1976, Ch. 1010.)
  32. 89541.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee absent without leave for five consecutive working days automatically resigns, but may seek reinstatement by filing a written request with the State Personnel Board within the stated deadlines.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89541. (a) Absence without leave of an employee, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. An employee may within 90 days of the effective date of such separation file a written request with the State Personnel Board for reinstatement. If the appointing authority has notified the employee of his automatic resignation, any request for reinstatement must be in writing and filed within 15 days of the service of notice of separation. Notice may be personally served or it may be served by mail to the last known residence or business address of the addressee and is complete on mailing. Proof of service, either personal or by mail, shall be made by affidavit. Reinstatement may be granted only if the employee makes a satisfactory explanation to the board as to the cause of his absence and his failure to obtain leave therefor, and the board finds that he is ready, able, and willing to resume the discharge of the duties of his position or, if not, that he has obtained the consent of his appointing power to a leave of absence to commence upon reinstatement. Any employee so reinstated shall not be paid salary for the period of his absence or separation or for any portion thereof. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  33. 89542.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A petition to set aside a resignation may be filed within 30 days, and the State Personnel Board may set the resignation aside if the statutory grounds are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89542. (a) If a petition to set aside the resignation of any employee is filed with the State Personnel Board within 30 days after the last date upon which services to the state university or college are rendered, or the date the resignation is tendered, whichever is later, the resignation may be set aside on the ground that it was given or obtained pursuant to or by reason of mistake, fraud, duress, undue influence, or that for any other reason it was not the free, voluntary, and binding act of the person resigning. The State Personnel Board shall hold a hearing and render a decision on the petition following the same procedure as in the state civil service procedures governing resignations from the state civil service. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisons 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. (Amended by Stats. 1979, Ch. 1072.)
  34. 89542.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The CSU Trustees must set up grievance and disciplinary procedures for academic employees, including some temporary employees, and the section spells out hearing, representation, arbitration, and exception rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89542.5. (a) The Trustees of the California State University shall establish grievance and disciplinary action procedures for all academic employees, including all temporary employees who have been employed for more than one semester or quarter, whereby all of the following requirements are satisfied: (1) Grievances and disciplinary actions shall be heard by a faculty hearing committee composed of full-time faculty members, selected by lot from a panel elected by the campus faculty, which shall make a recommendation to the president of the state university. (2) The grievance or disciplinary hearing shall be open to the public at the option of the person aggrieved or the person charged in a disciplinary hearing. (3) Each party to the dispute shall have the right of representation by a faculty adviser or counsel of his or her choice and to be provided access to a complete record of the hearing. (4) If there is disagreement between the faculty hearing committee’s decision and the state university president’s decision, the matter shall go before an arbitrator whose decision shall be final. (5) The costs incurred in arbitration shall be paid by the state university. (6) If the parties cannot agree upon an arbitrator, either party may petition the Federal Mediation Service, the State Conciliation Service, or the American Arbitration Association for a list of seven qualified, disinterested persons, from which list each party shall alternate in striking three names, and the remaining person shall be designated as the arbitrator. (7) The grievance procedure established pursuant to this section shall be exclusive with respect to any grievance that is not subject to a State Personnel Board hearing. In the case of a grievance or disciplinary action that is subject to a State Personnel Board hearing, pursuant to Sections 89535 to 89539, inclusive, and Section 89542, the procedures provided for in those sections or those provided for in this section may be utilized. The academic employee shall have the choice of which procedures shall be utilized. (b) For purposes of this section, a “grievance” is an allegation by an employee that the employee was directly wronged in connection with the rights accruing to his or her job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like. A grievance does not include matters, such as the salary structure, which require legislative action. (c) If a memorandum of understanding is agreed to pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, and it provides for merit pay for academic employees of the university, the arbitration provisions of this section shall not apply to grievances concerning merit pay. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the 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. (Amended by Stats. 2001, Ch. 808, Sec. 1. Effective January 1, 2002.)
  35. 89543.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must set layoff and reemployment rules for nonacademic employees, and laid-off employees can get a preferential reemployment right for up to five years when a vacancy arises.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89543. (a) The trustees shall adopt regulations for determination of the order in which nonacademic employees shall be laid off for lack of funds or because of lack of work. To the extent the trustees shall deem practical such regulations shall provide for layoff in the inverse order of employment. The trustees shall adopt rules governing the reemployment of nonacademic employees laid off, pursuant to this section. To the extent the trustees deem practical, such regulations shall include provision that for a period of five years following layoff, an employee shall have a preferential right to reemployment in the same or a comparable position, in the event of a vacancy. This preferential right shall give the employee laid off the right to reemployment in a position comparable to that from which he was laid off over any person not employed at the time the particular employee was laid off. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  36. 89544.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent nonacademic employee may work less than full time with consent and trustees’ approval, and still keep permanent status. Seniority and other credit must be reduced in proportion to actual time worked. If this section conflicts with a memorandum of understanding, the memorandum controls, but any fund-expending provision needs approval in the annual Budget Act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89544. (a) A permanent nonacademic employee may, with his consent and the approval of the trustees, be employed at less than full time and retain permanent status. Seniority credit and any other credit shall be gained only in the proportion the actual time employed is to full-time employment in the position. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  37. 89545.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain employees transferred to a newly established California State University campus keep their accumulated leave, seniority, and tenure rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89545. (a) Whenever a new campus of the California State University is established and an employee is transferred from an existing campus of the California State University to the newly established campus before or during the first academic year of the newly established campus, each employee so transferred shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus of the California State University as though the rights had been accumulated as an employee of the newly established campus of the California State University. Whenever the educational program of a newly established campus of the California State University is, during the first year of its existence, limited to an off-campus educational program rather than a regular educational program, any employee transferring from an existing campus of the California State University to the newly established campus of the California State University before or during the first three academic years of the newly established campus shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus as though the rights had been accumulated as an employee of the newly established campus. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the 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. (Amended by Stats. 1983, Ch. 143, Sec. 131.)
  38. 89546.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees of California state universities and colleges have a right to inspect their personnel-related records and get copies, and the university president must respond to correction requests within 21 days.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89546. (a) Every employee of a state university or college shall have the right to access to all reports, documents, correspondence, and other material which pertain to the employee which are kept by the university or college. Each employee shall also have the right to have another person of the employee’s choosing accompany the employee to inspect the employee’s records. (b) Upon written request, the employee shall, within 10 calendar days of the request, be provided an exact copy of all or any portion the employee desires of any of the items specified in subdivision (a). The employee shall bear the cost of duplicating such items. (c) If, after examination of the records pertaining to the employee, an employee believes that any portion of the material is not accurate, relevant, timely, or complete, the employee may request in writing correction of the record or deletion of the offending portion, or both. Such request shall include a written statement by the employee as to the corrections and deletions that the employee believes need to be made and the reasons therefor. This statement shall become part of the employee’s personnel file. (d) Within 21 calendar days of the request for correction of the record or deletion of the portion of the record objected to, or both, the president of the state university or college shall either accede to the employee’s request or notify the employee in writing of the president’s refusal to grant the request. If the president refuses to grant the request, the president shall state the reasons for the refusal in writing, and the written statement shall become part of the employee’s personnel file. (e) The remedies authorized by this section shall be in addition to any other remedy provided by law. (f) Personnel recommendations or decisions relating to the promotion, retention, termination, or any other personnel action shall be based primarily on material contained in the employee’s personnel file and open to the employee’s inspection. If a personnel recommendation or decision is based on any reasons not contained in the employee’s personnel file, the party making the recommendation or decision shall commit those reasons to writing, and the written statement of those reasons shall become part of the employee’s personnel file. (g) Preemployment materials shall be excluded from the requirements of this section, except as they may be considered in subsequent personnel actions. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  39. 8955.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The board of trustees must select the school’s faculty every year, with the director’s final approval and consultation with a faculty selection panel. The faculty must meet listed composition and selection rules, and they are exempt from general credentialing rules except for a certificate of clearance requirement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8955. (a) The faculty of the California State Summer School for the Arts shall be annually selected, subject to the final approval of the director of the school, by the board of trustees, upon consultation with a faculty selection panel convened by the board for that purpose. The faculty selection panel shall be composed of professional artists and arts educators, selected to be broadly representative of the schools, institutions, arts organizations, artists, colleges, and universities located throughout the state. Members of the board of trustees may serve on the faculty selection panel, but shall comprise no more than one-third of any faculty selection panel. (b) The faculty shall be comprised of professional artists and arts educators, and shall not be restricted to members of the current faculty of the host institution. The faculty shall be selected to be broadly representative of the socioeconomic and ethnic diversity of the state. Each faculty member shall be chosen for his or her excellence in artistic production, direction, or teaching ability. Notwithstanding any other provision of law, the faculty shall not be subject to credentialing requirements or any other restrictions upon eligibility for employment generally applicable to public school instructors, except for the requirement of obtaining a certificate of clearance from the Commission on Teacher Credentialing pursuant to Sections 44332.5, 44339, 44340, and 44341. (c) The members of the faculty shall be paid on a contractual basis and shall not be considered as state employees. (Repealed and added by Stats. 1985, Ch. 1131, Sec. 10.)
  40. 89550.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    California State University must try to avoid unnecessary staff reductions, but if reductions are needed because of lack of funds or work, they must follow this article’s process.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89550. (a) It shall be the policy of the California State University to provide stability of employment by foreseeing and avoiding unnecessary reductions in staff. However, when this is not possible due to lack of funds or lack of work, the staff shall be reduced in accordance with this article. The classes or teaching service areas to be reduced and the employees therein to be laid off shall be determined, in accordance with the provisions of this article, by the president of the campus after consultation with the employees and others in the same classes, specializations within classes, or teaching service areas and other persons as appropriate, including faculty and administrators. The chancellor shall make all determinations for the office of the chancellor. (b) The office of the Chancellor of the California State University shall make a survey of all campuses in order to ascertain the availability of suitable positions where staff to be laid off may seek relocation. To the extent staff resources permit, similar efforts shall be made with respect to colleges and universities outside the California State University. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the 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. (Amended by Stats. 1983, Ch. 143, Sec. 132.)
  41. 89551.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    This section says layoffs must be grouped by class for nonacademic and administrative employees, and by teaching service area for academic employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89551. (a) Layoff of administrative and nonacademic employees shall be by class within a particular campus, or within the office of the chancellor. (b) Layoff of academic employees shall be by teaching service area within a campus. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  42. 89552.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    When funding or work is lacking, layoffs must follow the order stated in this section, and certain temporary or student positions may be separated first; tie-breaks are decided by the president or chancellor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89552. (a) Whenever a determination has been made that there is a lack of funds or lack of work, employees in a class or teaching service area to be reduced shall be laid off in the following order: (1) The Chancellor of the California State University or a president of a state university may, at his or her discretion, without regard to the class or teaching service area to be reduced, separate from service any student assistant, instructor for extension service, person employed on a temporary basis, or, with respect to employment in a summer session, any member of the faculty of a campus summer session. Persons described in this paragraph, if performing the same or comparable work as that performed by a probationary or permanent employee, shall be separated before any probationary or permanent employee desiring to continue in employment is laid off pursuant to the provisions of this article. (2) Probationary employees not employed on a temporary basis, without regard to length of service. (3) Permanent employees: (A) If the area of layoff is in administrative or nonacademic classes, permanent administrative and nonacademic employees in the inverse order of their length of employment both in the class and in class of equal or higher rank. (B) If the area of layoff is in class or rank positions, permanent academic employees in the inverse order of their length of employment at the campuses. (C) If the area of layoff is in the closely related academic area, permanent employees in the inverse order of their length of employment in the class or in classes of equal or higher level at the campuses. (b) If the layoff is in a class, part-time employees shall be credited with the service at the campus in the proportion that the actual time employed bears to full-time employment. If the layoff is in a teaching service area, part-time permanent employees shall be credited with service as permanent employees of the campus in the proportion that the actual time served as permanent employees bears to full-time employment. (c) In case two or more employees in the class or teaching service area are tied for a place in the order of layoff, the president or the chancellor, as appropriate to the place of employment, shall determine which of the employees shall be laid off. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the 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. (Amended by Stats. 1983, Ch. 143, Sec. 133.)
  43. 89553.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    The president or chancellor must notify each employee who will be laid off, in writing and with the layoff date stated, generally at least 30 days before the layoff and normally one year ahead for anticipated program changes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89553. (a) After a determination has been made of the class or teaching service area to be reduced and the number of employees in such class or area to be laid off, the president or chancellor shall notify each employee to be laid off, that the employee is being laid off for lack of funds or lack of work. Such notice shall be in writing and mailed by certified mail, return receipt requested, to the employee’s last known address, or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. The notice shall specify the effective date of layoff and shall be delivered to the employee or mailed to the employee’s last known resident address at least 30 days, whenever possible, prior to the effective date of the layoff. When curricular shifts or other program changes, which can be anticipated, are to be made those who will be laid off will normally be notified at least one year in advance. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  44. 89554.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    An employee who is to be laid off may choose to take the layoff early, before the date stated in the layoff notice.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89554. (a) An employee to be laid off may elect to accept such layoff prior to the date named in the notice of layoff. If an employee elects to accept early layoff, he should give as much notice as possible. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  45. 89555.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    Some laid-off CSU employees may choose demotion or transfer instead of layoff, and anyone making that election must notify the president or chancellor in writing within five calendar days.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89555. (a) In lieu of being laid off, an administrative or nonacademic employee may elect demotion or transfer to any class in which he has served as a permanent employee or to any vacancy for which he is qualified. (b) In lieu of being laid off, an academic teaching employee actively employed at a campus during the academic year 1975–76 or prior thereto at such campus may elect transfer to that other teaching service area in which he or she has served longest during the preceding four years at the particular campus if both of the following conditions exist: (1) If the employee, during the four-year period immediately preceding the date of the mailing of the layoff notice, taught at least 24 semester units or 36 quarter units in any one teaching service area other than the teaching service area in which he or she is teaching on the date of the mailing of the layoff notice provided that only such units as have accrued during the academic year 1975–76 and prior thereto may be utilized for purposes of transfer under this section. (2) If the employee has not previously during that year elected transfer in lieu of layoff. (c) In the event an employee elects demotion or transfer, his place for layoff purposes in the class or teaching service area to which he elects demotion or transfer shall be determined in accordance with this article. (d) An employee electing demotion or transfer shall notify the president or chancellor in writing of his election within five calendar days after receipt of the notice of layoff. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  46. 89556.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    Campus presidents and the chancellor must maintain reemployment lists for certain laid-off permanent employees, and affected persons must respond to offers within specified time limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89556. (a) The president at each campus, and the chancellor at the office of the chancellor, shall establish and maintain reemployment lists of all permanent employees laid off for lack of funds or lack of work during the preceding five-year period. Laid-off permanent employees shall be listed by class or teaching service area corresponding to the class or teaching service area from which they were laid off. (b) In the event there is a vacancy at a campus or at the office of the chancellor, for which there exists no reemployment list, the position may be offered to the persons in the appropriate class or teaching service area who are on mandatory reemployment lists at another campus or the office of the chancellor. (c) A person shall deliver or cause to be delivered his acceptance of an offer with the following times: (1) When the person resides in the city from which the offer is mailed, five days after the date the offer is received. (2) When the person resides outside such city, seven days after the offer is received. (3) When the offer is made by telephone or telegram, 48 hours after the offer is received. While a prudent effort shall be made to contact the person eligible for reemployment, it is his responsibility to keep the office maintaining the reemployment list informed of where he may be reached readily. (d) Any person on a reemployment list who cannot be reached within five days, or who fails to reply to an offer of reemployment as required by this section, shall be deemed to have declined the offer. Such failure by any person may be excused by the president or chancellor at his discretion. If the failure is excused, the person may be reemployed or his name may be continued on the reemployment list if the vacancy has already been filled. (e) Any person on a reemployment list may request inactive status for a prescribed period of not to exceed one year. (f) Any person on the reemployment list who declines two offers of reemployment shall be removed from the list. Any person removed from a reemployment list may be restored to his relative position on the list at the discretion of the president or chancellor upon a showing of good cause. (g) Any employee reemployed pursuant to this article shall be reemployed in a class at a level at least equal to that from which he was laid off. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1979, Ch. 1072.)
  47. 89557.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    The trustees must adopt rules and guidelines for implementing the Reduced Worktime Act for California State University employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] ( Article 2.5 added by Stats. 1977, Ch. 36. ) ## 89557. The trustees shall adopt appropriate rules and guidelines relating to the implementation of the Reduced Worktime Act in Article 1.6 (commencing with Section 19996.20) of Chapter 7 of Part 2.6 of Division 5 of Title 2 of the Government Code, for employees of the California State University. (Added by Stats. 1983, Ch. 1040, Sec. 11.)
  48. 8956.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    The board of trustees chooses the summer school site based on the cost effectiveness of proposals submitted through a competitive request for proposal process.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8956. (a) The site for the California State Summer School for the Arts shall be chosen for one year or on a multiyear basis to be determined by the board of trustees by the cost effectiveness of the proposals submitted to the board through a competitive request for proposal procedure. The criteria for selection shall include, but not be limited to, all of the following: (1) Space requirements of the summer school, including residential space and appropriate facilities for all artistic disciplines offered by the summer school. (2) Technical, administrative, and support services available to the summer school, submitted with an appropriate budget designating donated services and the costs to the summer school of having other services provided. (3) Materials, supplies, and equipment available for the exclusive use of the summer school. Materials or equipment which may be used by the host institution during its regular sessions either shall be purchased by the host institution, which may charge the summer school a rental fee for the use of the materials or equipment, or purchased by the summer school, which shall charge the host institution a rental fee for the use of the materials or equipment during the institution’s regular sessions. (4) Operating funds and in-kind services. (b) Private institutions, colleges, and universities, appropriate privately owned and operated facilities, and state facilities, including, but not limited to, facilities of the California State University and the University of California, may be used as the site for the summer school. A regional consortium of campuses and adjacent cultural centers operated by nonprofit organizations may be considered as a single site in the selection process. (Amended by Stats. 1988, Ch. 1515, Sec. 1.)
  49. 89560.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. )

    Verify source ↗

    The trustees may appoint a police department for CSU headquarters and campuses, and appointed, sworn members are peace officers with limited authority.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. ) ## 89560. The trustees may appoint one or more persons to constitute a police department for the headquarters and for each campus of the California State University. Persons employed and compensated as members of a California State University police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority except (a) at the headquarters or upon any campus of the California State University and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the California State University, or by trustees or the state on behalf of the California State University, and (b) as provided in Section 830.2 of the Penal Code. (Amended by Stats. 1983, Ch. 143, Sec. 135.)
  50. 89561.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. )

    Verify source ↗

    Members of a California State University police department must be supplied with a badge and may wear a badge marked “California State University Police.”

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. ) ## 89561. Every member of a California State University police department shall be supplied with, and authorized to wear, a badge bearing the words “California State University Police.” (Amended by Stats. 1983, Ch. 143, Sec. 136.)
  51. 89562.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. )

    Verify source ↗

    The CSU Chancellor must convene a stakeholder workgroup by July 1, 2023, and the workgroup must later submit a report and evaluate specific alternatives for campus response and employee conflict resolution.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. California State University Police [89560 - 89562] ( Heading of Article 3 amended by Stats. 1983, Ch. 143, Sec. 134. ) ## 89562. (a) On or before July 1, 2023, the Chancellor of the California State University shall convene a stakeholder workgroup that includes, but is not limited to, a representative from all of the following stakeholders: (1) Faculty. (2) Staff. (3) Students. (4) Campus health and safety personnel. (5) Bargaining unit representatives. (b) The stakeholder workgroup shall submit a report to the Legislature and the Chancellor of the California State University nine months after the first meeting of the stakeholder workgroup that includes recommendations to alleviate concerns of current emergency response programs on the campuses of the California State University. (c) In preparing the report pursuant to subdivision (b), the stakeholder workgroup shall, at a minimum, evaluate and report on both of the following: (1) Alternatives to current procedures and processes for responding to nonviolent and noncriminal situations on the campuses of the California State University. (2) Alternative dispute resolution options to resolve employee conflicts. (d) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2027. (Added by Stats. 2022, Ch. 931, Sec. 2. (AB 1997) Effective January 1, 2023. Repealed as of July 1, 2027, by its own provisions.)
  52. 8957.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. )

    Verify source ↗

    This section sets funding and tuition rules for the California State Summer School for the Arts, allows scholarships and fee waivers/reductions, and requires annual reporting.

    ## 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 7. California State Summer School for the Arts [8950 - 8957] ( Chapter 7 added by Stats. 1982, Ch. 898, Sec. 1. ) ## 8957. (a) It is the intent of the Legislature that at least 50 percent, but not more than 75 percent, of the actual costs of the California State Summer School for the Arts (CSSSA) for each fiscal year be financed by state funds. The balance of the operating costs shall be financed with fees and private support. (b) The board of trustees shall set a tuition fee within a range that corresponds to actual costs to the summer school of services per pupil, up to but not exceeding one thousand dollars ($1,000) per session in 1989. These costs shall be limited to tuition, pupil recruitment expenses, faculty and instructional supplies and related equipment, pupil room and board, and security. The amount of this fee may be increased by the board of trustees up to a 5-percent increase each year thereafter. To the extent that fees are not increased as authorized in any year, the board of trustees may increase fees in any subsequent year up to the maximum amount that would have existed if the fees had been increased 5 percent in each year. (c) The board of trustees may award full or partial scholarships on the basis of need and ability. Pupils who are unable to pay all or part of the fee may petition the board of trustees for a fee reduction or waiver. The department, in conjunction with the board of trustees, shall promulgate rules and regulations regarding fee reduction and waivers, which shall ensure all of the following: (1) That, to the degree scholarship funds are available, no talented applicant shall be denied admission solely because of inability to pay all or part of the fee. (2) That any public announcement regarding the summer school program include notification that full scholarships are available, and information regarding the procedure for applying for a scholarship award. (3) That, pursuant to Section 8953, pupil participation in the summer school program is broadly representative of the socioeconomic and ethnic diversity of the state. (4) That the percentage of low income pupils attending the CSSSA is not reduced below the average percentage of low income pupils attending the CSSSA in the prior two years, as a result of any fee increase approved pursuant to subdivision (b). (d) Subdivision (b) applies only to pupils who are California residents. For pupils who are not California residents, the board of trustees annually shall set a tuition fee that is not less than the total actual costs to the summer school of services per pupil. The total actual costs of services per pupil shall be computed each year for this purpose by dividing the amount of school expenditures for the prior fiscal year by the total pupil population for the prior year. (e) The Foundation for the California State Summer School for the Arts, which has been established as a nonprofit foundation to support the CSSSA, may raise funds from the private sector that may be used by the summer school for general program operating costs, scholarships, program augmentation, public relations, recruitment activity, or special projects. Private support may include, but not be limited to, direct grants to the summer school from private corporations or foundations, individual contributions, in-kind contributions, or fundraising benefits conducted by any entity. (f) The board of trustees shall report annually by October 1, to the Governor, the Legislature, and the Department of Finance, the percentages and numbers of pupils that receive each of the following: (1) Scholarships. (2) A waiver of all fees. (3) A reduction of fees. (4) Data comparable to that required by paragraphs (1), (2), and (3) for the prior three years. (Amended by Stats. 2003, Ch. 573, Sec. 2. Effective January 1, 2004.)
  53. 89570.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. )

    Verify source ↗

    This section names the California State University Investigation of Reported Improper Governmental Activities Act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. ) ## 89570. This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
  54. 89571.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. )

    Verify source ↗

    The Legislature intends that CSU employees and applicants can report improper governmental activities and serious health or safety threats, and that their identities and related privacy rights be protected.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. ) ## 89571. It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper governmental activities and significant threats to health or safety and that their identities and the privacy rights of those affected by investigations of the protected disclosures be properly safeguarded. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
  55. 89572.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including applicant for employment, complainant, employee, improper governmental activity, and protected disclosure.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. ) ## 89572. For the purposes of this article: (a) “Applicant for employment” means an individual who has completed and submitted an application form for a specific, available position at a campus of the California State University or at the Office of the Chancellor of the California State University. (b) “Complainant” means an employee or applicant for employment who files a report and makes a protected disclosure in accordance with established procedures of the California State University. (c) “Employee” means any person employed by the California State University. (d) “Improper governmental activity” has the same meaning as set forth in subdivision (b) of Section 8547.2 of the Government Code. (e) “Protected disclosure” means any good faith communication, as defined by subdivision (d) of Section 8547.2 of the Government Code, that is made in accordance with established procedures of the California State University. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
  56. 89573.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. )

    Verify source ↗

    A designated California State University administrator must acknowledge protected written disclosures, may investigate them, and must send the complainant a formal response. The identity of the person making the disclosure must not be revealed unless written permission is given or the disclosure is to law enforcement or the State Auditor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. ) ## 89573. (a) Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University shall acknowledge receipt of the written disclosure to the complainant. The administrator may conduct or cause to be conducted an investigative audit of the matter, and determine what action, if any, is necessary. (b) The administrator shall issue a formal response to the complainant that contains a summary of the allegations, a summary of the investigation, whether the allegations were substantiated, and what actions, if any, were taken in response to the complaint. This response shall be issued in a timely fashion and in a manner that is consistent with the privacy interests of each person who is involved in the situation addressed by the response. This response shall be subject to disclosure in accordance with Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (c) The identity of the person providing the protected disclosure shall not be disclosed without the written permission of that person unless the disclosure is to a law enforcement agency that is conducting a criminal investigation or to the State Auditor. (Amended by Stats. 2021, Ch. 615, Sec. 82. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  57. 89574.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. )

    Verify source ↗

    Investigative audits under this article must be kept confidential, with limited CSU exceptions to issue a report or release findings in specified circumstances.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5. Personnel [89500 - 89574] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] ( Article 4 added by Stats. 2005, Ch. 310, Sec. 1. ) ## 89574. (a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, every investigative audit undertaken under this article shall be kept confidential, except that the California State University may issue any report of an investigation that has substantiated an allegation made by the complainant, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to Section 89045 that the trustees deem necessary to serve the interests of the state. (b) This article shall not be construed to limit any authority conferred by law upon the Attorney General or any other department or agency of government to investigate any matter. (Amended by Stats. 2021, Ch. 615, Sec. 83. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  58. 89600.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Optional Retirement Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89600. This chapter shall be known and may be cited as the Optional Retirement Program. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  59. 89601.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This section authorizes an optional retirement program for California State University and lets the trustees establish it through a memorandum of understanding on or after July 1, 1991.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89601. In order to encourage qualified teachers to enter and remain in service with the California State University, an optional retirement program is authorized by this chapter. The optional retirement program may be established on or after July 1, 1991, by a provision adopting this chapter in a memorandum of understanding which is entered into by the trustees pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. However, no other provision of this chapter is subject to the control of any memorandum of understanding. The optional retirement program shall become operative on the July 1 which immediately follows the receipt by the Public Employees’ Retirement System of a notice of the adoption of this chapter and a copy of the memorandum of understanding. (Amended by Stats. 1996, Ch. 385, Sec. 3. Effective January 1, 1997.)
  60. 89602.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    The trustees must offer eligible employees retirement-and-death-benefit options, and the state and participating employees must contribute as required or authorized by the chapter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 1. General Provisions [89600 - 89602] ( Article 1 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89602. Under this optional retirement program, the trustees shall offer eligible employees contracts, certificates, or investment funds providing retirement and death benefits, funded through annuities or investment fund options. The state and eligible employees electing this optional retirement program shall contribute to the optional retirement program to the extent authorized or required by this chapter. Benefits under the contracts, certificates, or investment funds are owned by the participants. (Amended by Stats. 1996, Ch. 385, Sec. 4. Effective January 1, 1997.)
  61. 89610.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This article’s definitions control how this chapter is interpreted, unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89610. Unless the context otherwise requires, the definitions set forth in this article govern construction of this chapter. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  62. 89611.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This section defines “Benefit” for the Optional Retirement Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89611. “Benefit” means any monthly or lump-sum payment due a retirant, or other beneficiary, and includes lump-sum payments due on account of death. (Amended by Stats. 1996, Ch. 385, Sec. 5. Effective January 1, 1997.)
  63. 89612.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    “Compensation” and “salary” mean the same as in Government Code Section 20022(a) and (b).

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89612. “Compensation” and “salary” have the same meaning as set forth in subdivisions (a) and (b) of Section 20022 of the Government Code. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  64. 89613.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This section defines “eligible employee” for the optional retirement program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89613. “Eligible employee” means all faculty and executive, managerial, and supervisory employees of the California State University system whose employment would qualify them for membership in the Public Employees’ Retirement System, and who are initially appointed on or after the operative date of the optional retirement program. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  65. 89614.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    A “participant” is any person who elects the optional retirement program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 2. Definitions [89610 - 89614] ( Article 2 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89614. “Participant” means any person electing the optional retirement program. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  66. 89620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    Eligible California State University employees may choose to join the Public Employees’ Retirement System or the optional retirement program, but the election must be made in writing within 60 days of employment and is irrevocable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89620. (a) Only eligible employees of the California State University may elect to participate in the optional retirement program. (b) Elections to participate in the optional retirement program shall be made as follows: (1) Eligible employees shall irrevocably elect either to join the Public Employees’ Retirement System in accordance with the provisions of law applicable thereto or to participate in the optional retirement program established pursuant to this chapter. This election is irrevocable and shall be made within 60 days of the date of employment. This election shall be in writing and filed with the California State University and the Public Employees’ Retirement System. Notwithstanding Section 20303 of the Government Code, eligible employees shall not be subject to membership in the Public Employees’ Retirement System until either they exercise the election to not participate in the optional retirement program or the 60-day period expires, whichever occurs first, whereupon the member contributions required by Sections 20600 and 20603 of the Government Code shall commence. (2) An election of the optional retirement program by an eligible employee shall be irrevocable and shall be accompanied by an appropriate enrollment form, where required, for the issuance of contracts or certificates under the program. (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  67. 89621.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    Some employees who join the optional retirement program lose PERS membership while they stay in an eligible CSU position, and must switch back to PERS if they take certain public service jobs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89621. Any eligible employee electing to participate in the optional retirement program shall be ineligible for membership in the Public Employees’ Retirement System so long as he or she is employed in any eligible position by the California State University. In the event an optional retirement program participant assumes a position in public service for which the optional retirement program is not available, the employee shall, at that time, cease participation in the program and shall begin participation in the Public Employees’ Retirement System. Employees who elect to participate in the optional retirement program shall remain eligible to participate in the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code) as if they were members of the Public Employees’ Retirement System. (Amended by Stats. 2004, Ch. 69, Sec. 4. Effective June 24, 2004.)
  68. 89622.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. )

    Verify source ↗

    This section sets how much the state and participants contribute to the optional retirement program, requires the retirement system to provide data services, and requires recalculation when contribution rates shift by 5% or more.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89622. (a) The state shall contribute to the optional retirement program an amount equal to the employer contribution of the trustees to the Public Employees’ Retirement System, less the amount attributable to the unfunded actuarial obligation of the Public Employees’ Retirement Fund, as determined by the Board of Administration of the Public Employees’ Retirement System, which until June 30, 2016, shall instead be transmitted to the Public Employees’ Retirement System. The Public Employees’ Retirement System shall provide the necessary data processing services and shall charge the providers an administrative fee appropriate to pay the costs of providing those services. The amount currently attributable to the unfunded actuarial obligation of the Public Employees’ Retirement Fund has been determined by the Board of Administration to be 2 percent. The Board of Administration shall, if the employer contribution rate varies from the employer contribution rate in effect on July 1, 1991, by at least plus or minus 5 percent, recalculate the amount attributable to the unfunded actuarial obligation. Thereafter, the Board of Administration shall, whenever the employer contribution rate varies from the employer contribution rate in effect on the effective date of the previous recalculation pursuant to this section by at least plus or minus 5 percent, recalculate the amount attributable to the unfunded actuarial obligation. The trustees and the providers of optional retirement programs shall provide the Public Employees’ Retirement System with any personnel data needed for the recalculation. (b) Participants shall contribute to the optional retirement program an amount equal to the contribution required of employees pursuant to Sections 20600 and 20603 of the Government Code. (c) Contributions required by subdivision (b) may be made by a reduction in salary in accordance with any applicable provision of the Internal Revenue Code. Payment of contributions authorized or required by this section shall be made by the Controller to the appropriate program administrator. (d) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund monthly to the trustees the state’s contribution prescribed in subdivision (a). (Added by Stats. 1990, Ch. 1178, Sec. 1.)
  69. 89623.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. )

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    The state and trustees may not pay retirement, death, or other benefits for services credited under the optional retirement program; those benefits are paid only by the designated company or companies under the contract terms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ( Chapter 5.5 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## ARTICLE 3. Administration and Participation [89620 - 89623] ( Article 3 added by Stats. 1990, Ch. 1178, Sec. 1. ) ## 89623. No retirement, death, or other benefit shall be paid by the state or the trustees for services credited under the optional retirement program. The benefits are payable to participants or their beneficiaries only by the designated company or companies in accordance with the terms of the contracts, certificates, or investment funds. (Amended by Stats. 1996, Ch. 385, Sec. 6. Effective January 1, 1997.)
  70. 8970.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. )

    Verify source ↗

    This section states legislative findings about early primary education programs and the Legislature’s intent that such programs continue, when needed, with funding and be coordinated with related programs where possible.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. ) ## 8970. The Legislature hereby finds and declares all of the following: (a) The Superintendent of Public Instruction convened a Task Force on School Readiness that prepared a report which included the following findings and recommendations: (1) Preschool and kindergarten programs have become more academically oriented with an emphasis on paper and pencil “seat work” and a decreased emphasis on other essential age-appropriate curricular elements such as language development; familiarity with stories, music, and oral language experiences; artistic exploration; social interaction; and large muscle development. (2) Assessment tests of questionable validity and reliability are being used to delay children’s entrance to kindergarten or to place them in a two-year kindergarten. (3) An appropriate, integrated experiential curriculum should be provided for children in preschool, kindergarten, and grades 1 to 3, inclusive. (4) Programs should meet the special needs of our culturally and linguistically diverse pupils as well as the needs of exceptional children. (5) Classroom organization and teaching methods should reflect the heterogeneous skills and abilities of children in early primary programs. (6) School districts should be encouraged to develop communication about linkages between programs for four-year-olds, early primary programs, and the primary and intermediate grades of elementary schools. (7) The staff of early primary programs should receive appropriate education, training, and remuneration. (8) Programs should be offered full-day and also should provide before- and after-school care. (9) Assessment methods of children in early primary programs should be drastically altered. (10) Parental involvement should be encouraged. (11) A public awareness campaign should be launched describing appropriate learning practices for children in preschool, kindergarten, and grades 1 to 3, inclusive. (b) The Superintendent of Public Instruction issued a Triennial Report on Publicly Funded Child Development Programs that documents the increasing numbers of low-income families eligible but unserved by limited preschool and child care funds, and that presents policy implications for staffing and funding issues. (c) National studies show future benefits of early intervention programs to society and immediate advantages to California employers in the form of reduced absenteeism, improved worker morale, and increased productivity. (d) It is the intent of the Legislature that activities initiated as a result of this chapter shall continue without regard to fiscal year depending, when necessary, on continued funding. (e) It is the intent of the Legislature that school districts that establish an early primary program coordinate that program, whenever possible, with the Demonstration in Restructuring of Public Education program, established pursuant to Chapter 9 (commencing with Section 58900) of Part 31 and, where applicable, with the county interagency children’s services coordinating council, established pursuant to Article 2 (commencing with Section 18986.10) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.)
  71. 89700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may make rules requiring people to pay fees, rents, deposits, and charges for trustee-provided services, facilities, or materials, and may also set collection and refund methods.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89700. (a) The trustees may by rule require all persons to pay fees, rents, deposits, and charges for services, facilities or materials provided by the trustees to such persons. The trustees may, by rule, provide for the method of collecting such fees, rents, deposits, and charges, and may, by rule, provide for the refund in whole or part of such fees, rents, deposits, and charges collected in error or collected for facilities, services, or materials not utilized. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government 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. (Amended by Stats. 1982, Ch. 1165, Sec. 1.)
  72. 89700.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may allow installment payments for certain California State University fees and nonresident tuition, and must charge and explain a fee to cover the cost of administering that payment system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89700.1. (a) Notwithstanding the requirement of Section 89301 that tuition, material, and service fees be collected by campus officials at the time of registration, the trustees, in consultation with student representatives, may authorize installment payments for the California State University fee established by the trustees pursuant to Section 89700 to cover the costs of services, facilities, or materials, and for nonresident tuition established pursuant to Section 89705. Installment payment schedules may be established in accordance with timetables as determined appropriate by the trustees, in consultation with student representatives. (b) The trustees, in consultation with student representatives, shall impose a fee in an amount necessary to cover the costs of administering a system of installment payments and may deposit that fee in the General Fund or in local trust accounts as authorized by Section 89721 and established for the purpose of covering those costs. The administrative costs shall include, but not be limited to, the cost of collecting delinquent and defaulted accounts. (c) The trustees shall include, in the fee imposed for administering the system of installment payments, the interest that the state would have earned in the Pooled Money Investment Account had the fee been collected at the time of registration. The portion of the administrative fee attributable to reimbursement for loss of interest earnings shall be deposited in the General Fund. (d) The trustees shall provide notice of the amount of the fee that is imposed upon students who use the installment payment system. That notice shall include information regarding the amount of the fee and shall be included in the billing statement sent to the student and posted on signs at the campus cashier window. The information regarding the fee may also be conveyed to the students in any other manner determined appropriate by the trustees. (Added by Stats. 1992, Ch. 536, Sec. 3. Effective August 21, 1992.)
  73. 89701.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may operate campus parking and transportation facilities, set parking terms and fees, manage related revenues, and invest fund money, but must consider alternate transportation before allocating parking construction funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89701. (a) The trustees are authorized to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) or by lease or other means, real property and to construct, operate, and maintain motor vehicle parking facilities and other transportation facilities thereon for state university officers, employees, students, or other persons. The trustees may prescribe the terms and conditions of the parking, and of parking on facilities existing on the effective date of this section, including the payment of parking fees in the amounts and under the circumstances determined by the trustees. Varying rates of parking fees may be established for different localities or for different parking facilities and for the purposes authorized by subdivision (b). In determining rates of parking fees, the trustees may consider the rates charged in the same locality by other public agencies and by private employers for employee parking, the rates charged to students by other universities and colleges. (b) (1) Except as otherwise provided in this section, revenues received by the trustees from any of the motor vehicle parking facilities, as well as from all parking facilities existing on the effective date of this section, may be transmitted to the Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Parking Revenue Fund, which is hereby created. (2) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of parking and other transportation facilities, and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of parking fee revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (3) All revenues received by the trustees from parking facilities, to the extent not pledged in connection with bonds or notes issued pursuant to the State University Revenue Bond Act of 1947, are hereby appropriated, without regard to fiscal years, to the trustees for the acquisition, construction, operation, and maintenance of motor vehicle parking facilities on real property acquired hereunder or on real property otherwise under the jurisdiction of the trustees, and for the study, development, enhancement, operation, and maintenance of alternate methods of transportation for officers, students, and employees of the California State University. (4) The trustees shall allocate the funds for the construction of parking facilities for each of the California State University campuses only after programs incorporating alternate methods of transportation have been thoroughly investigated and considered, as determined by the alternative transportation committees of each campus and the trustees, in consultation with students and local government officials. (5) Moneys in the State University Parking Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Parking Revenue Fund. (c) The Legislature, by this section, does not intend to authorize the institution of a private parking program unrelated to state purposes in competition with private industry. (d) If any provision of this section is in conflict with any provision of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if one or more 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. (Amended by Stats. 2000, Ch. 285, Sec. 2. Effective January 1, 2001.)
  74. 89701.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Parking fine and forfeiture money in the State University Parking Revenue Fund must be used only for specified transportation, parking-impact mitigation, and program administration purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89701.5. Moneys in the State University Parking Revenue Fund received as parking fines and forfeitures shall be used exclusively for the development, enhancement, and operation of alternate methods of transportation programs for students and employees, for the mitigation of the impact of off-campus student and employee parking in university communities, and for the administration of the parking fines and forfeitures programs. (Added by Stats. 1991, Ch. 1168, Sec. 2. Effective October 14, 1991.)
  75. 89702.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The CSU trustees may acquire land, build or improve student health centers, and set a fee to fund those facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89702. (a) The Trustees of the California State University may acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) or by lease or other means, real property and may construct and improve student health centers entirely or in part by the use of funds acquired pursuant to this section. (b) The trustees may prescribe under Section 89700 a fee to provide for the acquisition, construction, and improvement of student health center facilities, in the amounts and under the circumstances as may be determined by the trustees. (c) (1) Except as otherwise provided in this section, revenues received by the trustees from the student health center facilities fee may be transmitted to the Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Facilities Revenue Fund, which is hereby created. (2) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of student health facilities projects pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of student health facility fee revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (3) All revenues received by the trustees from the facilities fee, to the extent not pledged in connection with bonds or notes issued pursuant to the State University Revenue Bond Act of 1947, are hereby appropriated, without regard to fiscal years, to the trustees for the acquisition, construction, and improvement of student health centers on real property acquired pursuant to this section or on real property otherwise under the jurisdiction of the trustees. (4) Moneys in the State University Facilities Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Facilities Revenue Fund. (Amended by Stats. 2000, Ch. 285, Sec. 3. Effective January 1, 2001.)
  76. 89703.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may set student housing rental rates and fees, and may pledge housing revenues for certain student housing and bond-related purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89703. (a) The trustees may prescribe student housing rental rates and fees to provide revenues for student housing programs in the amounts and under the circumstances that are determined by the trustees. (b)(1) The trustees may pledge all or any part of student housing revenues in connection with bonds or notes issued pursuant to State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), in which case the revenues shall be deposited, transmitted, and used in the manner provided by that act. (2) All revenues received by the trustees from housing rental rates and fees under this section may be pledged for the acquisition, construction, and improvement of student housing projects, and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of housing rental revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (Added by Stats. 2000, Ch. 285, Sec. 5. Effective January 1, 2001.)
  77. 89704.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section lets CSU extension and self-supporting program revenues be sent either to the State Treasurer or to campus fiscal officers, requires deposit rules if sent, allows investment and pledging of the funds, and requires an annual report by March 31.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89704. (a) Notwithstanding any other law, revenues received by the Trustees of the California State University from extension programs, special session, or self-supporting instructional programs, including, but not limited to, fees and charges required by the trustees, may be transmitted to either of the following: (1) The Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Continuing Education Revenue Fund, which is hereby created, and which is hereby designated as successor to the State College Extension Program Revenue Fund. (2) The chief fiscal officer of one or more campuses of the California State University, and, if transmitted, shall be deposited by the chief fiscal officer in accordance with Section 89721. (b) All revenues in the State University Continuing Education Revenue Fund are hereby appropriated, without regard to fiscal years, to the trustees for the support and development of instructional programs of the California State University. However, proposed expenditures or obligations to be incurred during any fiscal year from the State University Continuing Education Revenue Fund, other than expenditures or obligations authorized by subdivision (d), shall be contained in the budget submitted for that fiscal year by the Governor pursuant to Section 12 of Article IV of the Constitution, and shall be subject to Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code. (c) Moneys in the State University Continuing Education Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Continuing Education Revenue Fund. (d) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of facilities for extension programs, special session, and other self-supporting instructional programs pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. (e) On or before March 31 of each year, the California State University shall submit a report on the implementation of this section to the Department of Finance and, in compliance with Section 9795 of the Government Code, the appropriate fiscal and policy committees of the Legislature. The report shall include, but is not limited to, all of the following: (1) The total amount of revenue generated from extension programs, special session, or self-supporting instructional programs in the prior three fiscal years, by campus. (2) Of the amounts identified in paragraph (1), the amount transmitted to the Treasurer pursuant to paragraph (1) of subdivision (a) and the amount transmitted to the chief fiscal officer of each campus pursuant to paragraph (2) of subdivision (a). (3) The total amount of expenditures from revenue generated from extension programs, special session, or self-supporting instructional programs in the prior three fiscal years and the purposes for which those funds were expended. (Amended by Stats. 2024, Ch. 828, Sec. 1. (AB 2395) Effective January 1, 2025.)
  78. 89705.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Nonresident students generally must pay a trustee-set admission fee and tuition, with a minimum tuition floor of $360 per year, but some exchange students and certain U.S. citizen students living abroad may qualify for waiver or reduction.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89705. (a) Except as provided in subdivision (c), and as otherwise specially provided, an admission fee and rate of tuition fixed by the trustees shall be required of each nonresident student. The rate of tuition to be paid by each nonresident student, as defined in Section 68018, shall not be less than three hundred sixty dollars ($360) per year. The rate of tuition paid by each nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States, except as otherwise specifically provided, shall be fixed by the trustees and shall not be less than three hundred sixty dollars ($360) per year. (b) The trustees may waive entirely, or reduce below the rate, or the minimum rate, fixed by this section, the tuition fee of a nonresident student who is a citizen and resident of a foreign country and who attends a state university or college under an agreement entered into by a governmental agency or a nonprofit corporation or organization with a similar agency, or corporation or association, domiciled in and organized under laws of a foreign country, where a principal purpose of the agreement is to encourage the exchange of students with the view of enhancing international good will and understanding. The trustees shall, in each instance, determine whether the conditions for this exemption from fees exist and may prescribe appropriate procedures to be complied with in obtaining the exemption. (c) The trustees shall waive entirely the admission fee and rate of tuition fixed under this section for a nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: (1) Demonstrates a financial need for the exemption. (2) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian. (3) Moved abroad as a result of the deportation or voluntary departure specified in paragraph (2). (4) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (5) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance. (6) Upon enrollment, will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible. (Amended by Stats. 2021, Ch. 110, Sec. 2. (SB 701) Effective January 1, 2022.)
  79. 89706.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may waive or reduce certain tuition fees for qualifying nonresident undergraduate students from foreign countries, but the total reductions and waivers cannot exceed 7.5% of that group.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89706. (a) The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is an undergraduate student of exceptional scholastic ability and prior scholastic achievement, and who is enrolled in a full-time course of study. (b) The number of reductions and waivers granted by the trustees under this section shall at no time exceed 7.5 percent of the nonresident undergraduate students who are citizens and residents of a foreign country, then enrolled in the California State University. (Amended by Stats. 2021, Ch. 110, Sec. 3. (SB 701) Effective January 1, 2022.)
  80. 89707.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may waive or reduce certain tuition fees for qualifying nonresident graduate students, but the total reductions and waivers cannot exceed 25% of enrolled nonresident graduate students.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89707. (a) The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student or a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is a graduate student of exceptional scholastic ability and prior scholastic achievement, and who, while not employed full time by a state university, is employed 20 hours or more a week by a state university or is enrolled in a full-time course of study. (b) The number of reductions and waivers granted by the trustees under this section shall at no time exceed 25 percent of the nonresident graduate students, including nonresident graduate students who are citizens and residents of a foreign country, then enrolled in the California State University. (Amended by Stats. 2021, Ch. 110, Sec. 4. (SB 701) Effective January 1, 2022.)
  81. 89707.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Certain nonresident foreign students may pay nonresident tuition in installments, while resident registration fees must still be paid on the resident schedule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89707.5. Notwithstanding the provisions of Section 89301, a nonresident student who is a citizen and resident of a foregin country and not a citizen of the United States may pay the nonresident tuition fee required of such students in three equal installments per semester if attending on the semester system or in two equal installments per quarter if attending on the quarter system. Any such student shall pay all registration fees required of resident students by the same date as required for resident students. The first installment of the nonresident tuition fee for a nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States shall be due no sooner than 30 days following the deadline for payment of registration fees by resident students. The trustees shall establish an appropriate payment schedule for payment of the nonresident tuition fee and may assess a service charge to finance the cost of administering this installment plan consistent with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.)
  82. 89708.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    California State University special session tuition fees must be charged and collected from enrolled students, campuses must try to offer required undergraduate courses as state-supported, and campuses may not force students to take special session courses to satisfy graduation requirements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89708. (a) Tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. (b) “Special sessions,” as used in this division, means self-supporting instructional programs conducted by the California State University. The special sessions shall include, but not necessarily be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions. The self-supporting special sessions shall not supplant, as defined in subdivision (c), regular course offerings available on a non-self-supporting basis during the regular academic year. (c) “Supplant,” as used in this section, means reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course. (d) To the extent possible, each campus shall ensure that any course required as a condition of undergraduate degree completion for a state-supported matriculated student shall be offered as a state-supported course. A campus shall not require a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program. (Amended by Stats. 2016, Ch. 86, Sec. 77. (SB 1171) Effective January 1, 2017.)
  83. 89709.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may require and collect special fees from students enrolled in each special session to cover certain materials, accommodation, and other service costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89709. The trustees may require and collect special fees to cover cost of materials for specific services and other fees to cover the cost of accommodation services and other services provided students from students enrolled in each special session. (Enacted by Stats. 1976, Ch. 1010.)
  84. 8971.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. )

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    This section defines several education-program terms used in the chapter.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. ) ## 8971. As used in this chapter, the following terms shall have the following meanings: (a) “Child development program” means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. (b) “Early primary program” means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. (c) “Integrated, experiential, and developmentally appropriate educational program” means a program that is designed around the abilities and interests of the children in the program and one in which children learn about the various subjects simultaneously, as opposed to segmented courses, and through “hands-on” or “active learning” teaching methods that are more appropriate for young children than the academic “textbook” approach. (d) “Preschool program” means a comprehensive developmental program for children who are too young to enroll in kindergarten. (e) “Portfolio material” means a selection of representative samples of the child’s performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child’s progress over time. (f) “School district” includes county offices of education. (g) “State preschool program” means a part-day comprehensive developmental program for children three to five years of age from low-income families, administered by the State Department of Education. (Amended by Stats. 2010, Ch. 328, Sec. 35. (SB 1330) Effective January 1, 2011.)
  85. 89710.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may set rules and either waive all fees or reduce fees for California State University employees taking qualifying work-related courses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89710. To enhance the opportunities for California State University employees to participate in training and career development the trustees may, subject to the rules and regulations they may establish, waive entirely or reduce any or all fees for employees who enroll in work-related courses offered by the California State University necessary for improving skills for existing jobs or advancement in accordance with a career development plan at the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 144.)
  86. 89711.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A California State University campus generally cannot reallocate a qualifying mandatory fee without the required student-body or campus fee advisory committee vote, unless the original fee vote authorized an alternative or automatic reallocation method.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89711. (a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation. (b) A California State University campus-based mandatory fee established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee. (c) This section shall not apply to campus-based fees approved prior to the enactment of this section. (Added by Stats. 2012, Ch. 574, Sec. 1. (SB 960) Effective January 1, 2013.)
  87. 89712.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    California State University campuses and the Chancellor cannot approve new or increased student success fees until consultation, notice, and a binding student vote are completed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89712. (a) (1) Neither a campus of the California State University, nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied: (A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase. (B) The campus informs its students of all of the following circumstances, which shall apply to these fees: (i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c). (ii) That a student success fee shall not be rescinded earlier than six years following the vote to implement the fee. (iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee shall not be rescinded until the obligation has been satisfied. (C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and a majority of the student body voting on the fee must vote affirmatively. (2) Implementation of a fee supported by a majority of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University. (3) A student success fee proposal shall not be brought before the student body more frequently than once per academic year. (b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee. (c) (1) Student success fees may be rescinded with a binding student vote if a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following: (A) A campus decision to vote is formally approved by the recognized student government. (B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year. (C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied. (2) A new contractual or other obligation that would be supported by the rescinded student success fee shall not be entered into following a vote to rescind the fee. (d) The Chancellor of the California State University shall ensure that all of the following occur on each campus: (1) There is majority student representation in campus student success fee allocation oversight groups. (2) There is an annual report from each campus to the chancellor on student success fees. (3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees. (e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section. (f) The chancellor shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees. (g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University. (Amended by Stats. 2016, Ch. 86, Sec. 78. (SB 1171) Effective January 1, 2017.)
  88. 8972.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. )

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    A school district governing board may establish an early primary program.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. ) ## 8972. (a) The governing board of any school district may establish an early primary program consisting of same-age pupils or any combination of state preschool or child development program, kindergarten, first, second, or third grade pupils, based on an integrated, experiential, and developmentally appropriate educational program. Parent education and parent involvement shall be an integral part of the program. (b) Observation of a child over time and the use of portfolio material shall be the primary sources of assessment information for making curricular decisions in early primary programs. (c) Standardized assessment tests may be used for diagnostic purposes only, provided those tests have been demonstrated to be nonbiased, valid, and reliable. These tests shall not be used to deny admission. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.)
  89. 89720.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may accept certain gifts and real or personal property for the state, and they may sell, exchange, or buy real property under specified conditions. They must report gifts and any related real property sales or exchanges annually by January 31, and sales or exchanges of main-campus property are barred.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89720. The trustees may accept on behalf of the state any gift, bequest, devise, or donation of real or personal property whenever the gift and the terms and conditions thereof will aid in carrying out the primary functions of the California State University as specified in subdivision (b) of Section 66010.4. Neither Section 11005 of the Government Code nor any other law requiring approval by a state officer of gifts, bequests, devises, or donations shall apply to these gifts, bequests, devises, or donations. These gifts, bequests, devises, or donations, and the disposition thereof, shall be annually reported to the California Postsecondary Education Commission, the Joint Legislative Budget Committee, and the Department of Finance by January 31 of each year. Notwithstanding Sections 11005.2 and 14664 of the Government Code or any other law to the contrary, the trustees may sell or exchange interests in real property received pursuant to this section when, in the judgment of the trustees, the sale or exchange is in the best interests of the California State University. No sale or exchange of an interest in real property made pursuant to this section shall exceed ten million dollars ($10,000,000) per transaction. Notwithstanding Sections 11005 and 15853 of the Government Code or any other provision of law to the contrary, the trustees may purchase interests in real property from moneys received pursuant to this section, including those moneys received from the sale or exchange of interests in real property pursuant to this section. Any such purchase shall be consistent with any restrictions placed upon the gift, bequest, devise, or donation and shall be in the best interests of the California State University, as determined by the trustees. No interest in any real property that is part of a main campus of any of the institutions of the California State University listed in Section 89001 shall be sold or exchanged pursuant to this section. Any sale or exchange of interests in real property carried out pursuant to this section shall be reported annually to the California Postsecondary Education Commission or a successor agency, the Joint Legislative Budget Committee, and the Department of Finance, by January 31 of each year. (Amended by Stats. 2014, Ch. 511, Sec. 4. (AB 2736) Effective January 1, 2015.)
  90. 89720.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Before selling certain real property interests, the trustees must first offer them to local governmental agencies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89720.5. Prior to the sale of any interests in real property pursuant to Section 89720, the trustees shall offer the interests to local governmental agencies. It is the intent of the Legislature that the trustees may transfer interests at less than fair market value under the conditions described in Section 11011.1 of the Government Code, except that all powers and duties of the Director of General Services, the Department of General Services, and the State Public Works Board under that section shall be performed by the trustees. For purposes of this section, “local governmental agencies” shall not include private entities, private nonprofit entities, private tax exempt entities, or any consortium, cooperative, or combination of private-public entities or organizations. (Added by Stats. 1991, Ch. 319, Sec. 3.)
  91. 89721.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Each CSU campus chief fiscal officer must deposit certain received moneys into specified trust accounts or the CSU Trust Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89721. Notwithstanding any other law, the chief fiscal officer of each campus of the California State University shall deposit into and maintain in local trust accounts or in trust accounts in accordance with Sections 16305 to 16305.7, inclusive, of the Government Code, or in the California State University Trust Fund, moneys received in connection with the following sources or purposes: (a) Gifts, bequests, devises, and donations received under Section 89720. (b) Any student loan or scholarship fund program, including, but not limited to, student loan programs of the state, federal government, including programs referred to in Section 89723, local government, or private sources. (c) Advance payment for anticipated expenditures or encumbrances in connection with federal grants or contracts. (d) Room, board, and similar expenses of students enrolled in the international program of the California State University. (e) Cafeteria replacement funds. (f) Miscellaneous receipts in the nature of deposits subject to return upon approval of a proper application. (g) Fees and charges for services, materials, and facilities authorized by Section 89700 if these fees or charges are required of those persons who, at their option, use the services or facilities, or are provided the materials, for which the fees or charges are made. Fees and charges so received and deposited shall be used solely to meet the costs of providing these services, materials, and facilities. (h) Fees for instructionally related activities as defined by the trustees and as authorized by Section 89700 and revenues derived from the conduct of the instructionally related activities. The trustees shall have all authority necessary to administer and use the fees and revenues received and deposited to support such instructionally related activities. (i) Fees for parking, health facilities or health services, and for extension programs, special sessions, or self-supporting instructional programs. (j) Revenue received by the trustees from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code. (k) Moneys received by the trustees for research, workshops, conferences, institutes, and special projects. (l) Moneys collected as higher education fees and income from students of any campus of the California State University and from other persons pursuant to Section 89700. The Controller shall have the authority to audit the expenditure of these funds. (Amended by Stats. 2024, Ch. 828, Sec. 2. (AB 2395) Effective January 1, 2025.)
  92. 89722.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section creates the California State University Trust Fund and sets rules for how money in it is credited, apportioned, and used.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89722. (a) The California State University Trust Fund is hereby created in the State Treasury. Moneys in the California State University Trust Fund are appropriated to the trustees as provided in Section 89724. Interest accruing upon the investment of moneys of the California State University Trust Fund shall be paid into and credited to that fund. The trustees shall apportion as of June 30 and December 31 of each year the revenues earned and deposited in the fund during the six calendar months ending with those dates. There shall be apportioned and credited to each campus of the California State University having deposits in the fund, an amount directly proportionate to the total deposits in the fund and the length of time the deposits remained therein. The chief fiscal officer of each campus of the California State University may allocate further this amount to the extent considered necessary. (b) Notwithstanding any other law, the Controller may use the moneys in the California State University Trust Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the California State University Trust Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the California State University Trust Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 2. Effective February 20, 2009.)
  93. 89722.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Creates the California State University Lottery Education Fund and sets rules for how its money may be used, invested, and audited.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89722.5. (a) There is hereby created in the State Treasury the California State University Lottery Education Fund. Moneys received by the Trustees of the California State University from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code may be deposited and maintained in the fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for expenditure by the trustees for educational purposes pursuant to Section 8880.5 of the Government Code. All expenditures from the fund shall be subject to an annual postaudit by the Audits Division of the State Department of Finance. (b) Pending expenditure for educational purposes, the moneys in the fund may be invested by the Treasurer, subject to the approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest accruing from any investment pursuant to this subdivision shall be deposited into, and credited to, the fund. (Added by Stats. 1985, Ch. 578, Sec. 1. Effective September 16, 1985.)
  94. 89722.9.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Campus fiscal officers may deposit CSU financial aid money into a centralized treasury checking account; the Treasurer must invest those funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89722.9. Notwithstanding Sections 16305 to 16305.7, inclusive, of the Government Code and any other law to the contrary, financial aid money in the possession of the California State University may be deposited by the chief fiscal officer of each campus of the California State University in a checking account in the centralized treasury system. The funds in the checking account shall be invested by the Treasurer. Interest earned thereon shall be deposited in the California State University Trust Fund. The interest earnings shall be continuously appropriated for expenditure by the Trustees of the California State University for financial aid, except that the interest earned from the investment of federal financial aid moneys may be returned to the United States if required by applicable federal law. (Added by Stats. 1989, Ch. 154, Sec. 2.)
  95. 89723.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The trustees may create and maintain student loan funds and have power to carry out related acts, handle funds, and work with state and federal agencies for specified federal education programs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89723. The trustees are vested with all necessary power to perform acts, receive and expend funds, and cooperate with state and federal agencies as provided in Section 12400 for the purpose of receiving and spending the funds provided by the act of Congress entitled “An act to strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes” (National Defense Education Act of 1958), approved September 2, 1958, and the act of Congress entitled “An act to amend the Public Health Service Act to increase the opportunities for training professional nursing personnel, and for other purposes” (Nurse Training Act of 1964), approved September 4, 1964. The trustees may provide for the establishment and maintenance of student loan funds pursuant to those acts of Congress. Money allocated for the purpose of establishing a student loan fund at a campus of the California State University may be withdrawn from the State Treasury and deposited to the credit of that institution in a trust account in accordance with the provisions of Sections 16305 to 16305.7, inclusive, of the Government Code for the purpose of making loans to students in accordance with the federal acts. (Amended by Stats. 1983, Ch. 143, Sec. 146.)
  96. 89724.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section directs certain money received by California State University to be appropriated for CSU support, sets permitted investment options for some funds, and requires Director of Finance approval before trustees spend money under subdivision (c).

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89724. (a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: (1) All money received from the sale of California State University publications. (2) All money received under an agreement entered into pursuant to Section 89036. (3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. (b) (1) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. (2) Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees provide. (3) Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. (4) (A) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in any of the following: (i) Mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (ii) Publicly traded real estate investment trusts registered with the United States Securities and Exchange Commission. (iii) Institutional commingled funds, including commingled trust funds and collective trust funds, offered by investment advisors registered with, and under the regulatory authority of, the United States Securities and Exchange Commission. (iv) Exchange-traded funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (B) All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. (5) Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. (c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees before the deposit of that money in the State Treasury. (Amended by Stats. 2022, Ch. 530, Sec. 1. (AB 2422) Effective January 1, 2023.)
  97. 89725.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets certain CSU-related funds be moved to the Treasurer, deposited in a special state fund, and used under trustee-set rules for specified CSU projects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89725. (a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. (b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. (c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. (d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. (e) (1) Moneys in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, only in eligible securities listed in Section 16430 of the Government Code, or, in accordance with Section 89726, in any of the following: (A) Mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (B) Publicly traded real estate investment trusts registered with the United States Securities and Exchange Commission. (C) Institutional commingled funds, including commingled trust funds and collective trust funds, offered by investment advisors registered with, and under the regulatory authority of, the United States Securities and Exchange Commission. (D) Exchange-traded funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (2) All interest or other earnings received pursuant to those investments described in paragraph (1) shall be collected by the Treasurer, and shall be deposited in the fund. (Amended by Stats. 2022, Ch. 530, Sec. 2. (AB 2422) Effective January 1, 2023.)
  98. 89725.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money from the sale of California State University real property in Contra Costa County must be deposited in the State Treasury and credited to the California State University Special Projects Fund, then made available for specified property purchases and development.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89725.1. Moneys received from the sale of interests in real property of the California State University in Contra Costa County shall be deposited and maintained in the State Treasury to the credit of the California State University Special Projects Fund and shall be available to the trustees for the purchase and development of real property for a California State University off campus center in Contra Costa County. (Added by Stats. 1990, Ch. 985, Sec. 1. Effective September 18, 1990.)
  99. 89726.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees may invest in certain securities only if they create an advisory committee, must keep the committee properly composed, must stay within investment caps, and must use and report investment earnings as required.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Revenues [89720 - 89726] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 89726. (a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. (2) A majority of the members of the committee shall be individuals who have investment expertise and who are not employees of the California State University. (3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. (b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: (1) In the fiscal year ending June 30, 2022, 30 percent of all moneys invested pursuant to Sections 89724 and 89725. (2) In the fiscal year ending June 30, 2023, and each fiscal year thereafter, 65 percent of all moneys invested pursuant to Sections 89724 and 89725. (c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. (2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. (d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance, and shall not be used for ongoing operations. (e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. (f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section. (Amended by Stats. 2022, Ch. 530, Sec. 3. (AB 2422) Effective January 1, 2023.)
  100. 8973.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. )

    Verify source ↗

    An early primary kindergarten schoolday may go beyond four hours, not counting recess, if the district board declares it does not exceed the primary schoolday length and the program includes both active and quiet activities in an integrated, developmentally appropriate setting.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. ) ## 8973. Notwithstanding any other provision of law, the kindergarten schoolday in an early primary program conducted pursuant to Section 8972 may exceed four hours, exclusive of recesses, provided that both of the following conditions are met: (a) The governing board of a school district declares that the extended-day kindergarten program does not exceed the length of the primary schoolday. (b) The extended-day kindergarten program takes into account ample opportunity for both active and quiet activities within an integrated, experiential, and developmentally appropriate educational program. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.)
  101. 8974.

    ## 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. )

    Verify source ↗

    School districts with early primary programs must provide educational continuity from preschool through grade 3 and support coordination with preschool, Head Start, and related early primary 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 8. Early Primary Programs [8970 - 8974] ( Chapter 8 added by Stats. 1992, Ch. 1082, Sec. 1. ) ## 8974. School districts with early primary programs shall provide educational continuity from preschool through kindergarten and grades 1 to 3, inclusive, by accomplishing the following: (a) Establish connections with public preschool programs, including state preschool, state child development, and federal Head Start programs, to establish a more effective transition of children from preschool to kindergarten. (b) Promote connections among early primary programs that provide before- and after-school services. (c) Promote joint activities for teachers and administrators of public preschool programs, including state preschool, state child development, and federal Head Start, and kindergarten and grades 1 to 3, inclusive, in areas such as program planning and staff development training related to developmentally appropriate curriculum and assessment practices for young children. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.)
  102. 89750.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must control and spend the money appropriated for California State University support and maintenance, and donations received under Section 89720.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89750. The trustees shall control and expend all money appropriated for the support and maintenance of the California State University, and all money received as donations pursuant to Section 89720. (Amended by Stats. 1983, Ch. 143, Sec. 150.)
  103. 89750.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees may settle or compromise certain claims and judgments, pay certain claims without Department of General Services approval if specified conditions are met, and discharge up to $1,000 owed to the university if the amount is uncollectible or not worth collecting.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89750.5. (a) Notwithstanding Sections 948 and 965.2 of the Government Code or any other law, the trustees may settle, adjust, or compromise any pending action or final judgment, without the need for a recommendation, certification, or approval from any other state officer or entity. The Controller shall draw a warrant for the payment of any settlement, adjustment, or compromise, or final judgment against the trustees if the trustees certify that a sufficient appropriation for the payment of the settlement, adjustment, compromise, or final judgment exists. (b) Notwithstanding paragraph (3) of subdivision (b) of Section 905.2 of the Government Code or any other law, the trustees may pay any claim for money or damages on express contract or for an injury for which the trustees or their officers or employees are liable, without approval of the Department of General Services, if the trustees determine that payment of the claim is in the best interests of the California State University and that funds are available to pay the claim. The authority of the trustees conferred by this subdivision does not alter any other requirements governing claims in the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code), except to grant the trustees authority to pay these claims. (c) Notwithstanding Chapter 3 (commencing with Section 13940) of Part 4 of Division 3 of Title 2 of the Government Code, the trustees may discharge from accountability the sum of one thousand dollars ($1,000) or less, owing to the California State University, if the trustees determine that the money is uncollectible or the amount does not justify the cost of collection. A discharge of accountability by the trustees does not release any person from the payment of any moneys due the California State University. (Amended by Stats. 2016, Ch. 31, Sec. 26. (SB 836) Effective June 27, 2016.)
  104. 89751.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Treasurer must hold certain federal veterans-education funds, may receive and safeguard them, and the Treasurer must pay them out only through the stated warrant-and-claim process.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89751. The State Treasurer is designated as the custodian of all funds received by the state from the government of the United States or of any agency or agencies thereof under any agreement for the education of veterans, and he may receive, and provide for the proper custody of, all money so received. The funds received by the state shall be expended by the officers or agency administering the program to carry out the provisions of the act of the Congress and rules and regulations lawfully adopted thereunder. Such funds are exempt from the provisions of Section 925.6 of the Government Code and shall be paid out by the Treasurer on warrants drawn by the State Controller on claims submitted by the trustees. (Enacted by Stats. 1976, Ch. 1010.)
  105. 89752.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must adopt rules and regulations for handling money collected by state colleges, and those rules are subject to approval and audit by the Department of Finance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89752. The trustees shall prescribe rules and regulations subject to the approval of and audit by the Department of Finance covering the collection, custody, and disposition of any and all money collected by any state college. (Enacted by Stats. 1976, Ch. 1010.)
  106. 89753.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees can approve certain CSU fund transfers, travel and related expenses, and position changes, but those actions are subject to stated budget restrictions and reporting requirements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89753. All appropriations for the support of the California State University and the trustees shall be subject to Section 13320 of the Government Code and applicable Budget Act restrictions, with the following exceptions: (a) The trustees may, with regard to funds appropriated for the support of the California State University, approve any transfer of funds between general fund appropriations and support appropriations, unless restricted by the Budget Act or any other act, and within and between any category designated in any schedule set forth for the appropriation. In addition, the trustees may authorize the augmentation of the amount available for a category designated in any schedule set forth for the appropriation by transfer from any of the other designated categories, including additional reimbursements and amounts receivable within the same schedule, and shall furnish the Joint Legislative Budget Committee and appropriate legislative fiscal committees a report, on or before January 10, of the authorizations given during the preceding four quarters. (b) The trustees may approve travel, both within and outside the state, and the payment of allowances and expenses related to travel, moving, and the relocation of employees in accordance with the allowances established by the trustees. (c) The trustees may, within funds appropriated for the support of the California State University, establish new positions and make changes in existing positions and the position payroll roster. (Amended by Stats. 2022, Ch. 54, Sec. 44. (AB 183) Effective June 30, 2022.)
  107. 89754.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section states the intent that the trustees have maximum responsibility within available funds and greater flexibility in financial affairs and campus spending.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89754. The intent of Section 89753 is to give the trustees maximum responsibility within available funds. It is the further intent of the Legislature by said provisions to allow the trustees greater flexibility in their financial affairs and to allow the individual campuses greater flexibility in the expenditure of their appropriations. (Enacted by Stats. 1976, Ch. 1010.)
  108. 89755.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Trustees’ actions under Section 89753 are limited to the fiscal year in which they are taken.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89755. All actions of the trustees taken pursuant to Section 89753 are limited to the fiscal year in which the action is taken and subject to audit by the Department of Finance, as well as legislative review, prior to extension into the subsequent fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  109. 89756.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The chief administrative officer of each California State University campus is responsible for proper expenditure and financial reporting for certain campus funds and for expenditures made by auxiliary organizations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89756. Notwithstanding any other provision of law, the chief administrative officer of each campus of the California State University shall be responsible for the propriety of the expenditure, and the integrity of the financial reporting, of the following funds received by the campus: (1) State appropriations. (2) Gifts. (3) Bequests. (4) Trust funds. (5) Grants, loans, or combinations thereof. The chief administrative officer shall also be responsible for the propriety of all expenditures, and the integrity of the financial reporting, made by auxiliary organizations. The chief administrative officer of a state university is, for the purpose of this section, the president of the university. (Amended by Stats. 1983, Ch. 143, Sec. 152.)
  110. 89757.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Universities and colleges may not use certain funds to pay for membership or participation in discriminatory private organizations, except for salary-paid public funds and funds used for student organizations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89757. None of the funds enumerated in Section 89756, nor any of the funds of an auxiliary organization, shall ever be used by any university or college for membership or for any participation involving a financial payment or contribution, on behalf of the institution, or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual employee or officer as salary, or to any funds that are used directly or indirectly for the benefit of student organizations. (Amended by Stats. 2007, Ch. 569, Sec. 55. Effective January 1, 2008.)
  111. 89758.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The California State University may incur summer quarter obligations at year-round campuses after a Budget Act is enacted and before July 1, using appropriations in that Budget Act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89758. Notwithstanding any other provision of law, obligations may be incurred for the summer quarter operation in the California State University at campuses on year-round operations, subsequent to enactment of a Budget Act and prior to July 1, payable from the appropriations contained in such Budget Act for those purposes. The obligations and the payment thereof shall be subject to Section 89753. (Amended by Stats. 1983, Ch. 143, Sec. 153.)
  112. 89759.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Controller must draw a warrant to pay certain claims, settlements, or judgments from a special fund or trust fund if the trustees certify there is enough money in the fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89759. Notwithstanding Sections 935.6, 948, 965, and 965.2 of the Government Code, or any other provision of law to the contrary, the Controller shall draw a warrant for the payment of any claim, settlement, or judgment against a special fund or a trust fund administered by the trustees if the trustees certify that sufficient moneys for the payment of the claim, settlement, or judgment exist within the special fund or trust fund. Records regarding the payments are subject to post audit by the Director of Finance. (Added by Stats. 1991, Ch. 414, Sec. 3.)
  113. 89760.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees may move money between special funds or to the general fund to meet CSU commitments, but only if the money is returned in time and no contractual obligation is impaired. Interest must be paid on transferred money.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89760. (a) The trustees may transfer money from one special fund to another special fund or to the general fund in order to meet the commitments of the California State University if the transferred moneys are returned to the special fund of origin in time to fulfill the purposes of the special fund. Interest shall be paid on all money transferred to another special fund or to the general fund at a rate determined by the trustees to be the current earning rate of the fund from which the money was transferred. (b) “Special fund,” as used in this section, means enterprise and trust funds of the California State University and includes any fund subject to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8 of Part 55). (c) This section does not authorize any transfer or loan of money to or from any special fund or the General Fund if the transfer or loan would impair a contractual obligation of the trustees, including, but not necessarily limited to, contractual obligations incurred by the trustees pursuant to the State University Revenue Bond Act of 1947. (Amended by Stats. 1998, Ch. 954, Sec. 29. Effective January 1, 1999.)
  114. 89761.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    California State University must use GAAP-based uniform accounting standards and follow audit, disclosure, and funding requirements for specified audits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89761. (a) The California State University shall adhere to uniform accounting standards in accordance with Generally Accepted Accounting Principles (GAAP) for institutions of higher education. (b) In the 1993–94 fiscal year, the California State University on five campuses representing the diversity of the system in both size of student body and campus budget shall have an independent audit of all funds performed and an independent audit report prepared. (c) A copy of the audit reports shall be available for public inspection in the library of each campus of the university. (d) The costs associated with the annual independent audit and audits performed pursuant to Section 89045 shall be funded from existing resources. (Amended by Stats. 2001, Ch. 745, Sec. 41. Effective October 12, 2001.)
  115. 89762.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    California State University must fund its retirement contributions from its annual Budget Act appropriation, using pensionable compensation and the Budget Act rates.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Expenditures and Control [89750 - 89762] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 89762. (a) The contributions of the California State University to the Public Employees’ Retirement Fund, as provided by Section 20822 of the Government Code, shall be based on pensionable compensation and the rates set forth in the Budget Act, and shall be paid out of the California State University total appropriation in the annual Budget Act. (b) Beginning in the 2013–14 fiscal year and each fiscal year thereafter, annual adjustments to the budget allocation for California State University pension contributions shall be based on the university’s actual 2013–14 fiscal year pensionable payroll, as identified by the Controller’s office, by funding source and state member categories, and the incremental change in the rates set forth in the annual Budget Act. (c) Budget adjustments under this section shall not be made for subsequent changes in payroll. (d) Pension funding for the university shall be identified annually in the Budget Act. (Added by Stats. 2013, Ch. 50, Sec. 5. (AB 94) Effective July 1, 2013.)
  116. 89770.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. )

    Verify source ↗

    The California State University may pledge certain General Fund support appropriations to secure debt obligations, and the university must treat that commitment as subject to annual legislative appropriation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. ) ## 89770. (a) (1) The California State University may pledge, in addition to any of its other revenues that the university chooses to pledge, its annual General Fund support appropriation less the amount of that appropriation required to fund general obligation bond payments and State Public Works Board rental payments, to secure the payment of debt obligations issued by the Trustees of the California State University pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8). (2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature. (3) The university may fund debt service for capital expenditures defined in subdivision (b), and the costs or expenses incidental to the issuance and sale of bonds to finance those costs, including, but not limited to, capitalized interest on the bonds, from its General Fund support appropriation pursuant to Sections 89772 and 89773. (4) The state hereby covenants with the holders of the university’s obligations, secured by the pledge of the university authorized by this section, that so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university’s obligations to this effect. (b) For purposes of this section, “capital expenditures” means any of the following: (1) The costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs. (2) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds. (3) The costs to design, construct, or equip energy conservation projects. (4) The costs of deferred maintenance of academic facilities and related infrastructure. (c) This section does not require the Legislature to make an appropriation from the General Fund in any specific amount to support the California State University. (d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the California State University. (Amended by Stats. 2015, Ch. 303, Sec. 137. (AB 731) Effective January 1, 2016.)
  117. 89771.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. )

    Verify source ↗

    The California State University may use its General Fund support appropriation to fund certain pay-as-you-go capital outlay projects, subject to Sections 89772 and 89773.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. ) ## 89771. (a) The California State University may fund pay-as-you-go capital outlay projects from its General Fund support appropriation pursuant to Sections 89772 and 89773. (b) For purposes of this section, a “capital outlay project” means the costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities; renewal or expansion of infrastructure to serve academic programs; and the costs to design, construct, or equip energy conservation projects. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
  118. 89772.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. )

    Verify source ↗

    California State University must send specified budget and project reports to legislative committees and the Department of Finance, and it cannot use General Fund support appropriation for covered capital spending before Department of Finance approval.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. ) ## 89772. (a) (1) Commencing with the 2014–15 fiscal year, and for each fiscal year thereafter, if the California State University plans to use any of its support appropriation in the annual budget, or any other revenues pursuant to paragraph (1) of subdivision (a) of Section 89770, for the subsequent fiscal year for capital expenditures, pursuant to and as defined in paragraph (1) of subdivision (b) of Section 89770, or for capital outlay projects pursuant to Section 89771, it shall simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a preliminary report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. (2) The preliminary report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. (3) The California State University shall submit, on or before December 1, a final report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. (4) The final report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. (5) The Department of Finance shall review the final report and submit, by February 1, a list of preliminarily approved capital expenditures and capital outlay projects to the committees in each house of the Legislature that consider the state budget and the budget subcommittees in each house of the Legislature that consider appropriations for the California State University. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before April 1. (6) The Department of Finance shall submit a final list of approved capital expenditures and capital outlay projects to the California State University by no earlier than April 1, three months before the commencement of the fiscal year of the planned expenditures. (b) The Department of Finance may approve capital expenditures, as defined in paragraphs (3) and (4) of subdivision (b) of Section 89770, no sooner than 30 days after submitting, in writing, a list of expenditures being considered for approval, to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the state budget and the Chairperson of the Joint Legislative Budget Committee. (c) The California State University shall not use its General Fund support appropriation to fund any capital expenditures, as defined in paragraphs (1), (3), and (4) of subdivision (b) of Section 89770, or capital outlay projects defined in subdivision (b) of Section 89771 before receiving approval from the Department of Finance pursuant to this section. (d) (1) For the 2014–15 fiscal year only, if the California State University plans to use any of its support appropriation in the annual budget for the 2014–15 fiscal year for capital expenditures defined in paragraph (1) of subdivision (b) of Section 89770 or for capital outlay projects pursuant to Section 89771, the California State University shall simultaneously submit, on or before August 1, 2014, a report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. This report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded. This report shall include the same level of detail as a capital outlay budget change proposal. (2) The Department of Finance shall review, by November 1, 2014, the report and submit a list of preliminarily approved capital expenditures and capital outlay projects to the committees in each house of the Legislature that consider the State Budget, and the budget subcommittees in each house of the Legislature that consider appropriations for the California State University. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before December 1, 2014. (3) The Department of Finance shall submit a final list of approved projects to the California State University no earlier than December 1, 2014. (4) The California State University shall not proceed with any capital expenditures defined in paragraph (1) of subdivision (b) of Section 89770 or capital outlay projects defined in Section 89771, before receiving approval from the Department of Finance pursuant to this subdivision. (e) (1) Notwithstanding subdivision (c), commencing with the 2014–15 fiscal year, the California State University may use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the resolution approved by the Trustees of the California State University on January 28, 2015, titled “Approval to Issue Trustees of the California State University, Systemwide Revenue Bonds and Related Debt Instruments for Systemwide Infrastructure Improvement Projects (RFIN 01-15-04).” (2) Notwithstanding subdivision (c), commencing with the 2015–16 fiscal year, the California State University may use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the “2015–2016 CSU/State Funded Capital Outlay Program” referenced in the resolution approved by the Trustees of the California State University on November 13, 2014, titled “Approval of the 2015–2016 Capital Outlay Program and the 2015–2016 through 2019–2020 Five-Year Capital Improvement Program (RCPBG 11-14-17).” (f) Notwithstanding Section 10231.5 of the Government Code, commencing with the 2015–16 fiscal year, on or before February 1 of each fiscal year, the California State University shall simultaneously submit a progress report to the Joint Legislative Budget Committee and the Department of Finance detailing the scope, funding, and current status of all capital expenditures undertaken pursuant to Section 89770 and for all capital outlay projects undertaken pursuant to Section 89771. (Amended by Stats. 2015, Ch. 22, Sec. 21. (SB 81) Effective June 24, 2015.)
  119. 89773.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. )

    Verify source ↗

    The California State University must manage its debt programs so that no more than 12% of its adjusted General Fund support appropriation is used for specified capital-related costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. ) ## 89773. The California State University shall manage its debt programs in a manner so that not more than 12 percent of its General Fund support appropriation, less the amount of that appropriation that is required to fund general obligation bond payments and State Public Works Board rental payments, is used for the total of both of the following: (a) Debt service for capital expenditures pursuant to Section 89770. (b) Pay-as-you-go capital outlay projects pursuant to Section 89771. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
  120. 89774.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. )

    Verify source ↗

    California State University may carry out certain capital expenditures and capital outlay projects without needing further approvals or limitations, except as stated in Sections 89772 and 89773.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] ( Article 5 added by Stats. 2014, Ch. 34, Sec. 24. ) ## 89774. Notwithstanding any other law, excluding Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code, the California State University may proceed with capital expenditures and capital outlay projects pursuant to Sections 89772 and 89773 without the need for any further limitations or approvals, except those delineated in Sections 89772 and 89773. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
  121. 89775.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California State University, Los Angeles Physical Sciences Renovation Project [89775- 89775.] ( Article 6 added by Stats. 2019, Ch. 53, Sec. 25. )

    Verify source ↗

    Remaining California State University proceeds in specified bond funds are appropriated and allocated to CSU for the construction phase of the Los Angeles Physical Sciences Building Renovation project.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 6. Finance [89700 - 89775] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California State University, Los Angeles Physical Sciences Renovation Project [89775- 89775.] ( Article 6 added by Stats. 2019, Ch. 53, Sec. 25. ) ## 89775. Any remaining proceeds for the California State University deposited in the 1996 Higher Education Capital Outlay Bond Fund created by Section 100115, the 2002 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100650, the 2004 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100850, and the 2006 University Capital Outlay Bond Fund established by subdivision (b) of Section 101040 is hereby appropriated and allocated to the California State University for the construction phase of the Los Angeles Physical Sciences Building Renovation project, the expenditure of which is not subject to subdivision (b) of Section 89772. (Added by Stats. 2019, Ch. 53, Sec. 25. (SB 77) Effective July 1, 2019.)
  122. 8990.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The Legislature encourages nutrition education activities that emphasize healthy eating, are participatory and age-appropriate, involve families, and support well-prepared teachers.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 8990. The Legislature encourages nutritional education instructional activities that comply with all of the following: (a) They emphasize the appealing aspects of healthy eating. (b) They are participatory, developmentally appropriate, and enjoyable. (c) They engage families as partners in their children’s education. (d) They encourage teachers responsible for nutrition education, who have received nutrition instruction during their credentialing program, to be adequately prepared and regularly participate in professional development activities to effectively deliver the nutrition education program as planned. Preparation and professional development activities should provide basic knowledge of nutrition, combined with skill practice in program-specific activities and instructional techniques and strategies designed to promote healthy eating habits. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  123. 89900.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Auxiliary organizations must have an independent audit, submit it to the trustees, and publish an audited financial statement each year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89900. (a) A certified public accountant shall be selected by each auxiliary organization described in Section 89901. The office of the chancellor, in cooperation with the Department of Finance, shall develop and forward the applicable auditing and reporting procedures to each auxiliary organization for distribution to the selected certified public accountant. In accordance with procedures prescribed by the chancellor, the certified public accountant shall annually audit any and all state university auxiliary funds. The auxiliary organizations shall contract for and receive the audit annually, and shall submit the audit to the trustees. Auxiliary organizations shall annually publish an audited statement of their financial condition, which statement shall be disseminated as widely as feasible and be available to any person on request. In the case of an auxiliary organization primarily serving a single campus of the California State University, publication in the campus student newspaper shall be deemed compliance with this requirement. In the case of an auxiliary organization serving the Trustees of the California State University, distribution of the published audited statement of its financial condition at a regularly scheduled meeting of the trustees shall be deemed compliance with this requirement. (b) In the case of an auxiliary organization primarily serving a single campus of the California State University, the president of that state university shall be responsible for ascertaining that all expenditures are in accordance with policies of the trustees, the propriety of all expenditures, and the integrity of the financial reporting, made by auxiliary organizations. (c) The operation of auxiliary organizations shall be conducted in conformity with regulations established by the trustees. The regulations shall include provisions requiring the governing board of each auxiliary organization to provide salaries, working conditions, and benefits for the full-time employees of each auxiliary organization that are comparable to those provided California State University employees performing similar services. However, the regulations may permit retirement benefits or permanent status benefits, or both, to be withheld from temporary and executive employees of each auxiliary organization. In addition, the regulations may exempt from the requirement of providing retirement benefits any auxiliary organization that is funded primarily by mandatory student fees collected by the trustees. For the purposes of this subdivision, a temporary employee is (a) an employee employed for a research project, workshop, institute, or other special project funded by any grant, contract or gift; or (b) an employee whose contract of employment is for a fixed term not exceeding three years. For the purposes of this subdivision, an executive employee is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, business managers, directors, and the like. For purposes of this subdivision, “full-time employee” means a person who is employed in a permanent position for 40 hours per week or for the required number of hours of a particular work shift, whichever is the lesser. Persons employed on a temporary, intermittent, irregular time base, or on a limited term basis are not “full-time employees,” unless those employees are engaged on a continuing 10-month or academic year basis and are employed for 40 hours per week or for the required number of hours of a particular work shift, whichever is the lesser. For those full-time employees whose duties are not comparable to classes in California State University employment, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. This requirement shall apply to full-time employees of auxiliary organizations even if there are no California State University employees performing similar services. (d) Retirement benefits may be provided by other than the Public Employees’ Retirement System. A contract for participation in the Public Employees’ Retirement System in accordance with the terms and conditions of the Public Employees’ Retirement Law shall be deemed to satisfy fully the requirements of subdivision (c) with respect to retirement. Notwithstanding anything in subdivision (c) to the contrary, the regulations established by the trustees may exempt the governing board of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date that the auxiliary organization is established. (Amended by Stats. 1991, Ch. 414, Sec. 4.)
  124. 89901.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines what counts as an “auxiliary organization” for California State University.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89901. As used in this article, the term “auxiliary organization” includes the following entities: (a) Any entity in which any official of the California State University participates as a director as part of his or her official position. (b) Any entity formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3. (c) Any entity which operates a commercial service for the benefit of a campus of the California State University on a campus or other property of the California State University. (d) Any entity whose governing instrument provides in substance both of the following: (1) That its purpose is to promote or assist any campus of the California State University, or to receive gifts, property, and funds to be used for the benefit of such campus or any person or organization having an official relationship therewith. (2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of an official of any campus of the California State University, or selected, ex officio, from the membership of the student body or the faculty or the administrative staff of campus. (e) Any entity whose governing instrument provides in substance both of the following: (1) That its purpose is to promote or assist the trustees of the California State University, or to receive gifts, property, and funds to be used for the benefit of the trustees of the California State University or any person or organization having an official relationship therewith. (2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the trustees or an official of the California State University, or selected, ex officio, from the membership of the trustees or the administrative staff of the California State University. (f) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the trustees. (Amended by Stats. 1983, Ch. 143, Sec. 154.)
  125. 89902.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article does not apply to certain student, faculty, social, fraternity, sorority, and alumni organizations, unless they are described in Section 89901.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89902. This article shall not apply to any student body organization not formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3 nor to any student or faculty society, social club, fraternity, or sorority, nor to any alumni association, whether officially recognized as a campus organization or not, unless it is described in Section 89901. This section shall not be construed to alter or limit the powers of the trustees to establish rules and regulations governing organizations which maintain an official relationship with any campus of the California State University or which use the name or facilities of the campus. (Amended by Stats. 1983, Ch. 143, Sec. 155.)
  126. 89903.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Auxiliary organizations must follow CSU trustee rules on board composition, hold at least one business meeting each fiscal year, use required legal/accounting counsel, and may accept gifts only if they are restricted to trustee-approved purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89903. (a) (1) Each auxiliary organization formed pursuant to this article shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the Trustees of the California State University. (2) If, in any fiscal year, a majority of the funding of the auxiliary organization is received from student fees collected on a campus or systemwide, at least a majority of the board of directors of that auxiliary organization shall consist of California State University students with full voting privileges on that board. This paragraph shall only be applicable to effectuate a change in the membership of a board of directors of an auxiliary organization if the trustees determine that there is no legal or contractual barrier to changing the governing structure of that organization. In the event that the trustees determine that there is a legal or contractual barrier to changing the governing structure of an auxiliary organization, information relating to that determination shall be reported, in a timely manner, to that auxiliary organization and any affected student body organization. (b) Each governing board shall, during each fiscal year, hold at least one business meeting in accordance with Article 2 (commencing with Section 89920). The board shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board. (c) No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the trustees. (Amended by Stats. 2005, Ch. 318, Sec. 11. Effective January 1, 2006.)
  127. 89904.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Auxiliary organization expenditures and appropriations need approval, and the trustees must set up accounting, financial, and reporting controls.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89904. All expenditures and fund appropriations of auxiliary organizations described in Section 89903 shall be approved by the governing board of the auxiliary organization. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with trustee policy and regulations by an officer designated by the trustees. The trustees in consultation with the Department of Finance and the governing boards of the various auxiliary organizations described in Section 89903, on or before the beginning of the 1970–1971 fiscal year, shall: (a) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of such auxiliary organizations. (b) Implement financial standards which will assure the fiscal viability of such various auxiliary organizations. Such standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements. (c) Institute procedures to assure that transactions of the auxiliary organizations are within the educational mission of the state colleges. (d) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement subdivision (b). Uses of such funds shall be regularly reported to the trustees. (Enacted by Stats. 1976, Ch. 1010.)
  128. 89904.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must develop and implement guidelines by July 1, 1983, to help certain auxiliary organizations classified as foundations maintain fiscal viability.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89904.5. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes maintain fiscal viability. These guidelines shall specify how reimbursement received by a foundation for indirect costs in connection with the performance of grants or contracts which exceeds the indirect costs actually incurred by the foundation for those grants or contracts shall be divided between the foundation and the campus of the California State University which the foundation serves, in a manner consistent with the educational mission of the university. (Added by Stats. 1982, Ch. 818, Sec. 1.)
  129. 89904.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees must develop and implement guidelines by July 1, 1983, to ensure certain auxiliary organizations spend discretionary funds consistently with the university’s educational mission.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89904.6. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes, expend discretionary funds in a manner consistent with the educational mission of the university. (Added by Stats. 1982, Ch. 818, Sec. 2.)
  130. 89905.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Auxiliary organizations running certain commercial campus services must keep them self-supporting, and any surplus must be spent only for purposes consistent with trustees’ regulations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89905. Operations of commercial services on a campus of the California State University, such as a food service or bookstore, or any commercial services that may be provided in a state university union, shall, when operated by an auxiliary organization, be self-supporting. Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the trustees. (Amended by Stats. 1983, Ch. 143, Sec. 157.)
  131. 89905.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An auxiliary organization at CSU Chico cannot stop a commercial service without notice and a chance for it to continue another way, and a takeover of the service or its management is barred unless specific conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89905.5. (a) No auxiliary organization operating a commercial service on the California State University, Chico, campus shall discontinue that commercial service without providing the campus with adequate notice of its intent to discontinue the service, and the opportunity to continue the service through another means. (b) No commercial service operated by an auxiliary organization on the California State University, Chico, campus or any aspect of the management of the commercial services shall be taken over by the Trustees of the California State University, the Chancellor of the California State University, the president of a campus of the California State University, or another auxiliary organization unless all of the following conditions are met: (1) The entity seeking to assume all or part of the management of the commercial service has demonstrated that the commercial service has substantial programmatic or financial difficulties. (2) The governing board of the auxiliary organization currently operating the commercial service has been provided adequate opportunity to respond to the concerns demonstrated pursuant to paragraph (1). (3) The governing board of the entity seeking to assume all or part of the management of the commercial service has approved the assumption of the new programmatic or financial responsibility. (4) The auxiliary organization currently operating the commercial service has been provided adequate compensation for any losses, including, but not limited to, property, inventory, services, or employees directly resulting from the assumption of all or part of the operation of the commercial service by the entity. (c) If an entity assumes responsibility for commercial services pursuant to subdivision (b), the entity shall be established as an official California State University auxiliary organization operating separate from, but related to, the university of service so as to protect the state from all possible liability associated with the operation of commercial services. (Added by Stats. 1988, Ch. 1615, Sec. 2.)
  132. 89906.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A member of an auxiliary organization’s governing board may not have a financial interest in contracts or other transactions entered into by that board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89906. No member of the governing board of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he is a member, and any contract or transaction entered into in violation of this section is void. (Enacted by Stats. 1976, Ch. 1010.)
  133. 89907.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An auxiliary organization’s board can avoid voiding a contract or transaction, and its interested member avoids disqualification or misconduct, if the interest is disclosed or known, noted in the minutes, approved in good faith without counting the interested vote, and the deal is just and reasonable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89907. No contract or other transaction entered into by the governing board of an auxiliary organization is void under the provisions of Section 89906, nor shall any member of such board be disqualified or deemed guilty of misconduct in office under said provisions, if the circumstances specified in the following subdivisions exist: (a) The fact of such financial interest is disclosed or known to the governing board and noted in the minutes, and the governing board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members, and (b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. (Enacted by Stats. 1976, Ch. 1010.)
  134. 89908.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Section 89907 does not apply when any of the listed conflict-of-interest circumstances exist.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89908. The provisions of Section 89907 shall not be applicable if the circumstances specified in any of the following subdivisions exist: (a) The contract or transaction is between an auxiliary organization and a member of the governing board of that auxiliary organization. (b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he is the owner or holder, directly or indirectly, of a proprietorship interest. (c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the governing board of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock. (d) A member of the governing board of an auxiliary organization is interested in a contract or transaction within the meaning of Section 89906, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. (Enacted by Stats. 1976, Ch. 1010.)
  135. 89909.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person must not use nonpublic information received through membership on an auxiliary organization’s governing board for personal gain.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89909. It is unlawful for any person to utilize any information, not a matter of public record, which is received by him by reason of his membership on the governing board of an auxiliary organization, for personal pecuniary gain, regardless of whether he is or is not a member of the governing board at the time such gain is realized. (Enacted by Stats. 1976, Ch. 1010.)
  136. 89911.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain construction projects on California State University property must follow the California State University Contract Law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89911. Any construction project located on property of the California State University that is performed pursuant to a contract entered into or awarded by an auxiliary organization and funded in whole or in part by public funds is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code). (Added by Stats. 2006, Ch. 346, Sec. 1. Effective January 1, 2007.)
  137. 89912.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An auxiliary organization’s bonds, notes, borrowings, and similar indebtedness, plus related interest or income, are exempt from state taxation, except for estate and generation-skipping transfer taxes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [89900 - 89912] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 89912. All bonds, notes, borrowings, or other evidences of indebtedness of an auxiliary organization and interest thereon or income therefrom are exempt from all taxation in the state other than estate and generation skipping transfer taxes. (Added by Stats. 1993, Ch. 779, Sec. 6. Effective January 1, 1994.)
  138. 89913.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    The Legislature declares that access to records of California State University auxiliary organizations must be balanced against donor and volunteer privacy and the organizations’ fiduciary interests.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89913. The Legislature finds and declares all of the following: (a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state. (b) California State University auxiliary organizations promote and assist the Trustees of the California State University by engaging in activities that are essential and integral to the mission and purpose of the California State University. (c) California State University auxiliary organizations are independently governed corporations that are legally separate from the California State University. (d) Access to records used, owned, or maintained by auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  139. 89913.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

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

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89913.5. For purposes of this article, the following terms have the following meanings: (a) “Auxiliary organization” means those entities defined in Section 89901. (b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  140. 89914.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    Auxiliary organizations must let the public inspect or copy their records during office hours, and must provide copies within a reasonable time for direct duplication cost only, subject to redactions and exemptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89914. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law. (b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records. (c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  141. 89914.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    An auxiliary organization must respond to a written records request within 10 calendar days, may extend the deadline in unusual circumstances by written notice, and must not deny access based on the requester’s purpose if the record is otherwise disclosable.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89914.5. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor. (b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available. (2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein. (D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial. (e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  142. 89915.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    Auxiliary organizations must provide certain electronic records in electronic form when requested, and may charge only limited costs in some cases.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89915. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following: (1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information. (2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies: (1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format. (d) Nothing in this section shall be construed to do any of the following: (1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format. (2) Permit an auxiliary organization to make a record available only in an electronic format. (3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained. (4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  143. 89915.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    An auxiliary organization does not have to disclose information that is exempt from disclosure under specified Government Code provisions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89915.5. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 84. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  144. 89916.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    Auxiliary organizations may keep certain donor, volunteer, fundraising, and related records from disclosure, but several listed items must still be disclosed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89916. (a) Notwithstanding any other law, the following records maintained by an auxiliary organization shall not be subject to disclosure: (1) Information that would disclose the identity of a donor, prospective donor, or volunteer. (2) Personal financial information, estate planning information, and gift planning information of a donor, prospective donor, or volunteer. (3) Personal information related to a donor’s private trusts or a donor’s private annuities administered by an auxiliary organization. (4) Information related to fundraising plans, fundraising research, and solicitation strategies to the extent that these activities are not already protected under Section 99040, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, Section 1060 of the Evidence Code, or Section 7927.705 of the Government Code. (5) The identity of students and alumni to the extent that this information is already protected under state and federal statutes applicable to the California State University. This paragraph shall not apply to a part-time or full-time employee of the auxiliary organization, or to a student who participates in a legislative body of a student body organization as defined in Section 89305.1. (b) Subdivision (a) shall not be construed to exempt from disclosure records that contain information regarding any of the following: (1) The amount and date of a donation. (2) Any donor-designated use or purpose of a donation. (3) Any other donor-imposed restrictions on the use of a donation. (4) (A) The identity of a donor who, in any fiscal year, makes a gift or gifts, in a quid pro quo arrangement, where either the value of the benefit received is in excess of two thousand five hundred dollars ($2,500) or the benefit would be impermissible under state or federal law. In these circumstances, records pertaining to the gift or gifts maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (B) Annually, on January 1, the monetary threshold set forth in subparagraph (A) shall be adjusted upward or downward to reflect the percentage change in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics, rounded off to the nearest one thousand dollars ($1,000). (5) Self-dealing transactions, including, but not limited to, loans of money or property, or material financial interests of or between auxiliary officers or directors and an auxiliary organization, as set forth in Sections 5233 and 5236 of the Corporations Code. In these circumstances, records pertaining to the self-dealing transactions maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (6) Any instance in which a volunteer or donor of a gift is awarded, within five years of the date of the service or gift, a contract from the university or auxiliary organization that was not subject to competitive bidding. In these circumstances, records pertaining to the service or gift maintained by an auxiliary organization that would otherwise be exempt from disclosure under paragraph (1) of subdivision (a) shall be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 85. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  145. 89916.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    Trade secrets must be kept out of disclosure and redacted from auxiliary organization records before those records are disclosed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89916.5. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure. (b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use. (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  146. 89917.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    Any person may sue to enforce a right to inspect or get copies of certain auxiliary-organization records, and the judge must set briefing and hearing times to reach a decision quickly.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89917. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  147. 89917.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    The court must order disclosure of withheld records or require the custodian to show cause, and a party seeking review must file a petition within 20 days of notice, with some extensions allowed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89917.5. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow. (b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure. (c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  148. 89918.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    If an auxiliary organization discloses a maintained record that is otherwise exempt, that disclosure waives the exemptions in this article, except for the listed carve-outs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89918. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article. (b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization. (c) Subdivision (a) shall not apply to the following disclosures: (1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization. (2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization. (3) Disclosures made through other legal proceedings or as otherwise required by law. (4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes. (5) Disclosures described in subdivision (a) of Section 89916 to an auditor conducting an audit. (6) Disclosures described in subdivision (a) of Section 89916 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services. (Amended by Stats. 2012, Ch. 162, Sec. 43. (SB 1171) Effective January 1, 2013.)
  149. 89918.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    A contract term that blocks required disclosure under this article is void and unenforceable if the contract is made after the article’s effective date.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89918.5. Any provision in a contract entered into after the effective date of this article between an auxiliary organization and another party that would prevent the disclosure of information required to be disclosed pursuant to this article is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this article. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
  150. 89919.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. )

    Verify source ↗

    This article does not apply to records covered by a request under the California Public Records Act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] ( Article 1.5 added by Stats. 2011, Ch. 247, Sec. 2. ) ## 89919. This article shall not apply to any records subject to a request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 86. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  151. 89920.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    Auxiliary organization governing boards and subboards must conduct business in public meetings, and the meetings must be open to the public unless this article provides otherwise.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89920. Each governing board, or any subboard of the governing board, of an auxiliary organization shall conduct its business in public meetings. All governing board and subboard meetings shall be open and public, and all persons shall be permitted to attend any meeting of the governing board or subboard of an auxiliary organization, except as otherwise provided in this article. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  152. 89921.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    Governing boards and subboards must set regular meeting times and places each year, and must give written notice of regular and special meetings to anyone who has filed a written request for notice.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89921. Each governing board and subboard shall annually establish, by resolution, bylaws, or whatever other rule is required for the conduct of business by that body, the time and locations for holding regular meetings. Each governing board and subboard shall, at least one week prior to the date set for the meeting, give written notice of every regular meeting, and any special meeting which is called, at least one week prior to the date set for the meeting, to any individual or medium that has filed a written request for notice. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  153. 89922.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    A special meeting can be called by the presiding officer or a majority of the board or subboard members, but written notice must be delivered at least 24 hours ahead and must state the time, place, and business to be handled.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89922. A special meeting may be called at any time by the presiding officer of a governing board or subboard, or by a majority of the members of the governing board or subboard, by delivering personally or by mail written notice to each member of the board or subboard, and to any medium or other party to be directly affected by a meeting, or any other person who has requested notice in writing. The call and notice of a special meeting shall be delivered at least 24 hours prior to any meeting and shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the governing board or subboard. Written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the clerk or the secretary of the governing board or subboard a written waiver of notice. The waiver may be given by telegram. Written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  154. 89923.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    Governing boards or subboards may hold closed sessions for listed matters, but employee matters must go public if the employee requests a public hearing.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89923. Any governing board or subboard may hold closed sessions to consider matters relating to litigation, collective bargaining, or the appointment, employment, evaluation of performance, or dismissal of an employee, or to hear complaints or charges brought against an employee by another person or employee, unless the employee requests a public hearing. For the purposes of this section, “employee” does not include any person elected or appointed to an office. A board or subboard, upon a favorable majority vote of its members, may also hold a closed session to discuss investments where a public discussion could have a negative impact on the auxiliary organization’s financial situation. In this case, a final decision shall only be made during public sessions. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  155. 89924.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    A governing board or subboard may not act on an issue until the issue has been publicly posted for at least one week.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89924. No governing board or subboard shall take action on any issue until that issue has been publicly posted for at least one week. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  156. 89925.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    Each auxiliary organization must set rules for electing officers and board members.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89925. Each auxiliary organization shall establish, by constitution, statute, bylaws, or resolution, provisions for elections of officers and board members. These provisions shall be designed to allow all those eligible to vote complete access to all information on issues and candidates. These provisions shall include, but not be limited to, provisions for sample ballots, numbers of days and hours for voting, polling locations, and notice of elections. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  157. 89926.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    If an associated students auxiliary organization’s constitution or articles create a judiciary or judicial council with powers separate from the governing board, its decisions are final.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89926. Where the constitution or articles of incorporation of an associated students auxiliary organization provides for a judiciary or judicial council with powers separate from the governing board of the auxiliary organization, decisions rendered by the judiciary or judicial council shall be final. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  158. 89927.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    A governing board member who knowingly attends a meeting held in violation of this article commits a misdemeanor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89927. Each member of a governing board pursuant to this article who attends a meeting of the governing board where action is taken in violation of any provision of this article, with knowledge of the fact that the meeting is in violation of this article, is guilty of a misdemeanor. (Added by Stats. 1984, Ch. 1158, Sec. 2.)
  159. 89928.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. )

    Verify source ↗

    This article does not apply to entities formed or operating under Section 89300 or to the governing board of any statewide student organization representing California State University students.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 7. Auxiliary Organizations [89900 - 89928] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] ( Article 2 added by Stats. 1984, Ch. 1158, Sec. 2. ) ## 89928. This article is not applicable to either of the following: (a) Any entity formed or operating pursuant to Section 89300. (b) The governing board of any statewide student organization that represents the students of the California State University. (Amended by Stats. 2000, Ch. 330, Sec. 2. Effective January 1, 2001.)
  160. 8993.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The section encourages school instructional staff to use nutrition-friendly teaching and school practices.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 8993. The Legislature encourages school instructional staff to do the following: (a) Be informed about the negative consequences of using food as a reward and of withholding food from pupils as punishment. (b) The need to closely coordinate with the food service program and other components of the school health program in order to integrate nutrition concepts into the instruction of other subject areas. (c) Cooperate with other agencies and community groups to provide opportunities for pupil volunteer work related to nutrition, such as assisting with food recovery efforts and preparing nutritious meals for house-bound people. (d) Collaborate with agencies and groups conducting nutrition education in the community to send consistent messages to pupils and their families. Guest speakers invited to address pupils shall receive appropriate orientation to the relevant policies of the district. (e) Disseminate information to parents, guardians, pupils, and staff about community programs that offer nutrition assistance to families. (f) Model healthy eating behaviors. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  161. 8995.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The Legislature encourages school administrations to offer wellness programs and ensure needed nutrition, health, and social services are available at the schoolsite or through community 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 8995. The Legislature encourages school administrations to do the following: (a) Offer wellness programs that include personalized instruction about healthy eating and physical activity. (b) Ensure that the nutrition services, health services, and social services children need in order to learn are provided at the schoolsite or in cooperation with other community agencies. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  162. 8996.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    This section defines two terms used in the article: “Dietary Guidelines for Americans” and “nutrition education.”

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 8996. As used in this article the following terms have the following meanings: (a) “Dietary Guidelines for Americans” means the current set of recommendations of the federal government that are designed to help people choose diets that will meet nutrient requirements, promote health, support active lives, and reduce chronic disease risks. (b) “Nutrition education” means a planned sequential instructional program that provides knowledge and teaches skills to help pupils adopt and maintain lifelong, healthy eating patterns. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  163. 8997.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    This chapter becomes operative on July 1, 2004.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 1. Nutrition Education [8990 - 8997] ( Article 1 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 8997. This chapter shall become operative on July 1, 2004. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Note: This section prescribes a delayed operative date (July 1, 2004) for Chapter 10, commencing with Section 8990.)
  164. 9.

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

    Verify source ↗

    When this code sets a time to do an act, count the period by excluding the first day and including the last day, unless the last day is a holiday.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 9. The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Enacted by Stats. 1976, Ch. 1010.)
  165. 90.

    ## 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 ↗

    For personnel of school districts and other educational agencies, “certificated” and “certified” mean the same thing.

    ## 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. ) ## 90. With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning. (Enacted by Stats. 1976, Ch. 1010.)
  166. 9000.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The section establishes the school gardens program to expand educational gardens and garden salad bars in California public schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 9000. The Legislature intends to expand the number of educational gardens and garden salad bars in California public schools by offering startup or expansion grants, implementing garden-enhanced nutrition education, and training and resources to the grantees. For those purposes, the school gardens program is hereby established. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  167. 90000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A state university may establish and maintain student housing facilities to accommodate its students.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 90000. Student housing facilities may be established and maintained at any state university for the accommodation of students of the university. (Amended by Stats. 2000, Ch. 285, Sec. 7. Effective January 1, 2001.)
  168. 90001.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The trustees may require certain unmarried minor students to live in approved private homes or other university/state housing.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 90001. The trustees may require unmarried minor students of the state university, not living with a parent or guardian, to reside in private homes or other dwellings approved by the university, or to occupy student housing facilities provided at the university by the state. (Amended by Stats. 2000, Ch. 285, Sec. 8. Effective January 1, 2001.)
  169. 90001.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    California State University campuses that maintain student housing facilities must prioritize current and former homeless youth and current and former foster youth for housing.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 90001.5. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (Amended by Stats. 2015, Ch. 571, Sec. 3. (AB 1228) Effective January 1, 2016.)
  170. 90002.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Student housing and related facilities funded through the College Auxiliary Enterprise Fund are designated as a project under the State University Revenue Bond Act of 1947, and the fund’s assets, liabilities, and balances are transferred to a separate account in the California State University Dormitory Revenue Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Housing [90000 - 90002] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 90002. All student housing and any other related facilities operated by the College Auxiliary Enterprise Fund are hereby designated a “project” under the State University Revenue Bond Act of 1947 and subject to the provisions of that act. All assets, liabilities, and fund balances of the College Auxiliary Enterprise Fund are hereby transferred from that fund to a separate account to be established by the trustees within the California State University Dormitory Revenue Fund. (Amended by Stats. 1985, Ch. 106, Sec. 25.)
  171. 9001.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The State Department of Education must create and run an instructional school garden program that makes competitive grants available. Schools may include certain garden or salad-bar options in nutrition education proposals, depending on whether a garden already exists.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 9001. The State Department of Education shall establish, develop, and implement the instructional school garden program to make competitive grants available for school districts and county offices of education. Schools may incorporate one of the following into the nutrition education program proposal: (a) An instructional school garden if a garden does not already exist on the site. (b) A school garden salad bar with a compost program if an instructional garden already exists onsite. (c) An instructional school garden if an instructional garden does not already exist on the schoolsite and a school garden salad bar with a compost program. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  172. 90010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    This article may be cited as the State University Revenue Bond Act of 1947.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90010. This article may be cited as “The State University Revenue Bond Act of 1947.” (Amended by Stats. 1985, Ch. 106, Sec. 27.)
  173. 90011.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    This section defines key terms used in the article on California State University revenue bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90011. (a) The following terms wherever used or referred to in this article, or in any indenture entered into pursuant to this article, shall have the following meanings, respectively, unless a different meaning appears from the context: (1) “Board” means the Trustees of the California State University. (2) “Bonds” or “revenue bonds” means the written evidence of any obligation, other than revenue bond anticipation notes, issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this article, in order to obtain funds with which to carry out the purposes of this article, irrespective of the form of the obligations. (3) The “holder of bonds” or “bondholder” or any similar term means any person who shall be the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any outstanding revenue bond or bond that shall at the time be registered other than to the bearer. (4) “Indenture” means an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether the agreement is expressed in the form of a resolution of the board or by other instrument. (5) “Notes” and “revenue bond anticipation notes” mean the written evidence of any obligation, including commercial paper notes, issued by the board, pursuant to Section 90013, in anticipation of the sale of revenue bonds, for the purpose of obtaining funds to carry out the purposes of this article. (6) “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, receiver, trustee, or conservator for any thereof, but does not include this state or any public corporation, political subdivision, city, county, district, or any agency thereof or of this state. (7) “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, alternative transportation programs, 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 campuses of the California State University, or a combination of those facilities, which may include facilities already completed and facilities authorized for future completion, or any other facilities designated by the board as a project in providing for the issuance of revenue bonds or notes. (8) “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 revenue that may have been, or may be, impounded or deposited in any fund in the State Treasury created by this article or in any other fund or account pursuant to law for the security of any notes or bonds issued hereunder, or for the purpose of providing for the payment thereof, or the interest thereon. (9) “State university” and “campus of the California State University” means any of the institutions included within the California State University, as listed in Section 89001. (b) As used in this article: (1) The present tense includes the past and future tenses, and the future tense includes the present tense. (2) The masculine gender includes the feminine and neuter. (3) The singular number includes the plural, and the plural includes the singular. (4) “Shall” is mandatory, and “may” is permissive. (Amended by Stats. 2007, Ch. 352, Sec. 1. Effective January 1, 2008.)
  174. 90012.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The board has power to acquire property, run projects, set charges, issue revenue bonds and notes, make related financing arrangements, and adopt needed rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90012. The board, for the purposes of this article, 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: (a) To acquire, subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), by grant, purchase, gift, devise, or lease, and to hold and use, any real or personal property necessary, convenient, or useful for the carrying on of any of its powers pursuant to this article. (b) To construct, operate, and control any project. (c) 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 that may be entered into by the board with respect to the fixing of rates, rents, or charges. (d) 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. (e) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project or of acquiring lands for any project, or of acquiring, constructing, improving, equipping, furnishing, financing, or refinancing any project, including payment of principal and interest on revenue bond anticipation notes, or for any combination of these purposes, which bonds may be secured as provided in this article. (f) At any time, and from time to time, in connection with the financing or refinancing of any project, to loan or advance proceeds of revenue bonds or revenue bond anticipation notes to any person or state or local governmental entity, and to enter into loan agreements, leases, installation purchase agreements, conditional sales contracts, and similar financing instruments with the recipient of that loan or advance, all upon terms and conditions determined by the board. (g) At any time and from time to time, to issue revenue bond anticipation notes pursuant to Section 90013. (h) To adopt 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 article. (i) Nothing contained in this section or elsewhere in this article shall be construed directly or by implication to be in derogation of or in limitation of powers conferred upon or existing in the board by the Constitution or statutes of this state. (Amended by Stats. 2007, Ch. 352, Sec. 2. Effective January 1, 2008.)
  175. 90013.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The board may issue revenue bond anticipation notes, but it must first authorize them by resolution, state the purpose of the proceeds, and set the maximum amount.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90013. (a) The board may issue revenue bond anticipation notes, in anticipation of the sale of revenue bonds. Before issuing any of these notes, the board shall, by resolution, authorize their issuance, declare the purpose for which the proceeds of the notes shall be expended, and specify the maximum amount of notes to be issued for that purpose. (b) Revenue bond anticipation notes shall bear interest at the fixed or variable rate or rates determined by the board, not exceeding 12 percent per annum, payable in the time, form, and manner set forth in the indenture for the notes, and shall mature on the date or dates determined by the board and set forth in the resolution or indenture authorizing their issuance. (c) The proceeds from the sale of notes shall be used only for the purposes for which the proceeds of the sale of bonds may be used in anticipation whereof the notes are issued. (d) All notes issued, including renewal notes, and the interest thereon shall be payable from the proceeds of the sale of the bonds, the revenues of the project, any appropriations made for that purpose or all of these sources, and not otherwise, except that if the sale of the bonds has not occurred prior to the maturity of the notes issued in anticipation thereof, the board may issue renewal notes to pay the notes then maturing. No renewal notes shall be issued after the sale of the bonds in anticipation of which the original note was issued. (e) Revenue bond anticipation notes may be secured by a pledge of, and lien upon, the proceeds of the sale of bonds, the revenues of the project, and any other legally available funds. (f) A resolution or indenture authorizing the issuance of revenue bond anticipation notes may include provisions deemed necessary or advisable by the board for the security of the notes issued thereunder, and may include any and all provisions authorized to be included in indentures by this article. (Amended by Stats. 2007, Ch. 352, Sec. 3. Effective January 1, 2008.)
  176. 90014.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The Treasurer must sell the authorized notes for cash, following a board resolution; commercial paper notes must be sold according to the notes’ indenture.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90014. Notes authorized to be issued under this article shall be sold by the Treasurer, for cash, in the manner that the Treasurer shall be directed by a resolution requesting the sale adopted by the board. Notes in the form of commercial paper notes shall be sold in the manner specified in the indenture for the notes. (Amended by Stats. 2007, Ch. 352, Sec. 4. Effective January 1, 2008.)
  177. 90015.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The validity of the board’s revenue bond or bond anticipation note authorization and issuance is not affected by certain project-related proceedings, contracts, or a project not being completed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90015. The validity of the authorization and issuance of any revenue bonds or revenue bond anticipation notes by the board is not dependent on nor 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 or notes are authorized to be issued. (Amended by Stats. 1988, Ch. 740, Sec. 6.)
  178. 90016.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The board must issue revenue bonds and revenue bond anticipation notes in its own name, and those instruments cannot generally become a lien or liability against the state, the board, or their property or funds except as specifically pledged. Each bond or note must also state on its face that principal and interest are not a debt of the State of California.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90016. The board shall issue revenue bonds and revenue bond anticipation notes in its name and as its obligation, but no bond or note issued or sold pursuant to this article shall be or become a lien, charge, or liability against the State of California or against the board or against the property or funds of either, except, in the case of revenue bonds, 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, and, in the case of notes, to the extent of the pledge of revenues of the project and proceeds of the sale of bonds, as may be provided in the resolution or indenture authorizing the issuance of the notes. Each of these bonds and notes 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. (Amended by Stats. 2007, Ch. 352, Sec. 5. Effective January 1, 2008.)
  179. 90017.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The board must determine the time, form, and manner for issuing revenue bonds and revenue bond anticipation notes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90017. The board shall determine the time, form, and manner of the issuance of revenue bonds and revenue bond anticipation notes. (Amended by Stats. 1988, Ch. 740, Sec. 8.)
  180. 90018.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    The board may enter into indentures for revenue bonds and coupons, and bond/coupon holders are entitled to the indenture terms and are bound by them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90018. The 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 article, 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 the indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions thereof and of this article 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 article, and is bound thereby. (Amended by Stats. 1988, Ch. 740, Sec. 9.)
  181. 90019.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture for issued bonds may include covenants and agreements the board considers necessary or advisable to better secure the bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90019. An indenture pursuant to which bonds are issued may include any and all of the 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. (Amended by Stats. 1988, Ch. 740, Sec. 10.)
  182. 9002.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. )

    Verify source ↗

    The State Department of Education must distribute school garden grants under two grant options, with consultation from education, nutrition, and agricultural experts.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 9002. The State Department of Education shall distribute the grants pursuant to subdivision (a) or (b), in consultation with education, nutrition, and agricultural experts, at the applicant’s election, as follows: (a) A maximum of one thousand dollars ($1,000) to each school that establishes instructional school gardens and an additional five hundred dollars ($500) as a workshop travel stipend to each school district that receives a grant. (b) A maximum of two thousand dollars ($2,000), available on a competitive basis as determined by the State Department of Education, to each school that has an existing instructional garden onsite, and that would offer a garden salad in the school lunch program with these funds. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  183. 90020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    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 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90020. An indenture may provide that payments of principal and interest of bonds shall be secured by all or by part of revenues. (Enacted by Stats. 1976, Ch. 1010.)
  184. 90021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may require the board to pay bond principal and interest punctually according to the bond and coupon terms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90021. An indenture may include a clause relating to the bonds issued thereunder requiring the board to pay or cause to be paid punctually the principal of all such bonds and the interest thereon on the date or dates, or at the place or places, and in the manner mentioned in such bonds and in the coupons appertaining thereto in accordance with such indenture. (Enacted by Stats. 1976, Ch. 1010.)
  185. 90022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may include a clause requiring the board to operate the project continuously, if practicable, in an efficient and economical manner.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90022. An indenture may include a clause relating to the bonds issued thereunder, requiring the board 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. (Enacted by Stats. 1976, Ch. 1010.)
  186. 90023.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may include a bond-related clause requiring the board to repair, renew, replace, and keep a project in good condition.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90023. An indenture may include a clause relating to the bonds issued thereunder requiring the board 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. (Enacted by Stats. 1976, Ch. 1010.)
  187. 90024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may include a clause that requires the board to protect the bond security and the holders’ rights, and to warrant and defend those rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90024. An indenture may include a clause relating to the bonds issued thereunder requiring the board to preserve and protect the security of the bonds and the rights of the holders thereof and to warrant and defend such rights. (Enacted by Stats. 1976, Ch. 1010.)
  188. 90025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture for these bonds may require the board to pay certain lawful claims and charges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90025. An indenture may include a clause relating to the bonds issued thereunder requiring the board 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. (Enacted by Stats. 1976, Ch. 1010.)
  189. 90026.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may include a clause that limits, restricts, or prohibits certain board powers and rights about university bond-funded property and project operations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90026. An indenture may include a clause relating to the bonds issued thereunder which limits, restricts, or prohibits 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 such revenues. (Enacted by Stats. 1976, Ch. 1010.)
  190. 90027.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may include a bond-related clause requiring the board to set and collect charges for project services and facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90027. An indenture may include a clause relating to the bonds issued thereunder requiring the board 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, or from the revenues securing the bonds, sufficient to pay the principal of and interest on the bonds as they become due and payable, together with additional sums that may be required for any fund created by this article, for the further security of the bonds or as a depreciation charge or other charge in connection with the project. (Amended by Stats. 2007, Ch. 352, Sec. 6. Effective January 1, 2008.)
  191. 90028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

    Verify source ↗

    An indenture may require the board to hold pledged revenues in trust and use them only as the indenture provides.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90028. An indenture may include a clause relating to the bonds issued thereunder requiring the board to hold or cause to be held in trust the revenues or any part of revenues pledged to the payment of such bonds and the interest thereon, or to any reserve or other fund created by this article for the further protection of the bonds, and to apply such revenues or any part of revenues or cause them to be applied only as provided in the indenture. (Enacted by Stats. 1976, Ch. 1010.)
  192. 90029.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a clause giving the board power to use bond-sale proceeds for acquiring, constructing, or completing a project.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90029. An indenture may include a clause defining the power of the board in applying the proceeds of the sale of any issue of bonds for the acquiring, constructing, or completing of any project or any part thereof. (Enacted by Stats. 1976, Ch. 1010.)
  193. 9003.

    ## 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 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. )

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    The State Department of Education must develop, research, and coordinate best practices for school garden program curriculum for kindergarten through grade 12, and make the curriculum available to schools receiving grants under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. School Nutrition [8990 - 9004] ( Chapter 10 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## ARTICLE 2. Garden Programs [9000 - 9004] ( Article 2 added by Stats. 2002, Ch. 1163, Sec. 2. ) ## 9003. The State Department of Education shall develop, research, and coordinate the best available practices regarding appropriate curriculum for school garden programs in kindergarten and grades 1 to 12, inclusive, in consultation with education, nutrition, and agricultural experts. The department shall make the curriculum available to the schools that receive a grant pursuant to this article. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.)
  194. 90030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a clause that limits the board’s power to issue additional bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90030. An indenture may include a clause limiting the power of the board to issue additional bonds for the purpose of acquiring, constructing or completing any project or any part thereof. (Enacted by Stats. 1976, Ch. 1010.)
  195. 90031.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a clause about the insurance the board must keep on a project and how insurance proceeds are used and distributed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90031. An indenture may include a clause requiring, specifying or limiting 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 such insurance thereafter collected. (Enacted by Stats. 1976, Ch. 1010.)
  196. 90032.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a default clause covering when bonds become due before maturity and how that declaration can be waived.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90032. An indenture may include a clause providing 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 such declaration and its consequences may be waived. (Enacted by Stats. 1976, Ch. 1010.)
  197. 90033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a clause setting rights, limits, powers, and duties that apply if the board breaches covenants, conditions, or obligations in the indenture.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90033. An indenture may include a clause designating the rights, limitations, powers and duties arising upon breach by the board of any of the covenants, conditions, or obligations contained in any indenture. (Enacted by Stats. 1976, Ch. 1010.)
  198. 90034.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include a clause for later amendment or modification, with board consent and bondholder vote or written assent.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90034. An indenture may include a clause prescribing 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 the 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 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 any modification or amendment of this type. (Amended by Stats. 1988, Ch. 740, Sec. 11.)
  199. 90035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    An indenture may include extra clauses needed or helpful to better secure the bonds or make them easier to market.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90035. An indenture may include a clause or clauses providing for such other acts and matters as may be necessary or convenient or desirable in order better to secure the bonds or to make the bonds more marketable. (Enacted by Stats. 1976, Ch. 1010.)
  200. 90036.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. )

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    The State Treasurer must act as trustee for the board and bondholders. The board may authorize the trustee to act for bondholders and the board may direct how project revenues are deposited and how fund money is disbursed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Division 8 amended by Stats. 1983, Ch. 143, Sec. 87. ) ## PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] ( Heading of Part 55 amended by Stats. 1983, Ch. 143, Sec. 88. ) ## CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 26. ) ## 90036. The State Treasurer shall act as trustee for the board and the holders of bonds issued hereunder, and 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 California State University Dormitory Revenue Fund created by this article. The money in the fund shall be disbursed only as provided in the indenture. (Amended by Stats. 1985, Ch. 106, Sec. 28.)

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