State California Regulations TITLE 5. EDUCATION DIVISION 6. CALIFORNIA COMMUNITY COLLEGES database is current through 09/29/06, Register 2006, No. 39 s 50001. Selection of President and Vice President. The Board annually shall select two of its members as president and vice president, respectively. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 50002. Student Senate for California Community Colleges. (a) A Student Senate for the California Community Colleges has been established in conjunction with local associated student organizations so that the community college students of California may have a formal and effective means for participating in the formation of state policies that have or may have a significant impact on students. (b) The Board of Governors recognizes the Student Senate for the California Community Colleges as the representative of community college-associated student organizations before the Board of Governors and the Chancellor's Office. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 50500. General Provisions. The Political Reform Act, Government Code sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, California Code of Regulations, title 2, section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of California Code of Regulations, title 2, section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Board of Governors of the California Community Colleges. Designated employees shall file their statements with the California Community Colleges, which will make the statements available for public inspection and reproduction. (Gov. Code, s 81008). Upon receipt of the statements for the Board of Governors and the Chancellor, the agency shall make and retain a copy and forward the original to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. Note: Authority cited: Sections 87300 and 87307, Government Code. Reference: Sections 89503, 89505 and 87300 et seq., Government Code. Appendix Disclosure Designated Employees ......................................... Categories Board of Governors Members....................................................... 1, 4 Executive Office Chancellor.................................................... 1, 4 Executive Vice Chancellor..................................... 1, 4 Director...................................................... 1, 4 Legal Affairs Division Vice Chancellor and General Counsel........................... 1, 4 Staff Counsel, all levels..................................... 1, 4 Consultants*.................................................. 2 Governmental Relations and External Affairs Division Vice Chancellor............................................... 1, 4 Director...................................................... 1, 4 Administrator/Academic Planning and Development............... 1 Specialist/Academic Planning and Development.................. 2 Specialist/Employment and Certification....................... 2, 4 Consultants*.................................................. 2 Technology, Research, and Information Services Division Vice Chancellor............................................... 1, 4 Administrator/Academic Planning and Development............... 1 Data Processing Manager II.................................... 1 Specialist/Academic Planning and Development.................. 2 Specialist/Information Systems and Analysis................... 2 Senior Information Systems Analyst (Specialist)............... 3 Staff Information Systems Analyst (Supervisor)................ 3 Staff Information Systems Analyst (Specialist)................ 3 Senior Programmer Analyst (Specialist)........................ 3 Staff Programmer Analyst (Specialist)......................... 3 Consultants*.................................................. 2 Fiscal Policy Division Vice Chancellor............................................... 1, 4 Director...................................................... 1, 4 Administrator/Fiscal Planning and Administration.............. 1 Administrator/Facilities Planning and Utilization............. 1 Specialist/Fiscal Planning and Administration................. 2 Specialist/Facilities Planning and Utilization................ 2 Consultants*.................................................. 1 Student Services and Special Programs Division Vice Chancellor............................................... 1, 4 Administrator/Student Services Planning and Development....... 1 Specialist/Student Services Planning and Development.......... 2 Consultants*.................................................. 2 Educational Services Division Vice Chancellor............................................... 1, 4 Administrator/Academic Planning and Development............... 1, 4 Administrator/Vocational Education............................ 1, 4 Specialist/Academic Planning and Development.................. 2 Specialist/General Vocational Education....................... 2 Consultants*.................................................. 2 Internal Operations Division Director...................................................... 1, 4 Accounting Administrator I (Supervisor)....................... 3 Associate Business Management Analyst......................... 3 Business Services Officer I (Specialist)...................... 3 Business Services Assistant................................... 3 Staff Services Manager II (Supervisor)........................ 3 Staff Services Manager I...................................... 3 Consultants*.................................................. 2 --------- *Note: With respect to consultants, the Chancellor, however, may determine in writing that a particular consultant, although a "designated person," is hired to perform a range of duties that is limited in scope and thus is not required to comply with the disclosure requirements described in this category. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chancellor's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Nothing herein excuses any such consultant from any other provision of the Conflict of Interest Code. Disclosure Categories 1. Designated employees in Category 1 must report the following: (a) All interests in real property in the State of California. (b) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling, or leasing: (1) Instructional materials; (2) Equipment; or (3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by community college districts or the Board of Governors or Chancellor's Office. (c) Any investment or business position in a business entity, or any source of income (including gifts, loans and travel payments), if the business entity or source of income is engaged in selling or leasing real estate which is utilized by community college districts or the Board of Governors or Chancellor's Office. 2. Designated employees in Category 2 must report the following: (a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling or leasing: (1) Instructional materials; (2) Equipment; or (3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by community college districts or the Board of Governors or Chancellor's Office. 3. Designated employees in Category 3 must report the following: (a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling or leasing: (1) Instructional materials; (2) Equipment; or, (3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by the Board of Governors or Chancellor's Office. 4. Designated employees in Category 4 must report the following: (a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income provides education, training, or experience to persons toward meeting minimum qualifications for employment in a community college district. s 51000. Scope. The provisions of this chapter are adopted under the authority of Education Code section 70901(b)(6) and comprise the rules and regulations fixing and affirming the minimum conditions, satisfaction of which entitles a district maintaining community colleges to receive state aid, including state general apportionment, for the support of its community colleges. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code. s 51002. Standards of Scholarship. The governing board of a community college district shall: (a) adopt regulations consistent with the standards of scholarship contained in Subchapter 9 (commencing with Section 55750) of Chapter 6; (b) file a copy of its regulations, and any amendments thereto, with the Chancellor; and (c) substantially comply with its regulations and the regulations of the Board of Governors pertaining to standards of scholarship. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 51004. Degrees and Certificates. The governing board of a community college district shall: (a) adopt regulations consistent with regulations contained in Subchapter 10 (commencing with Section 55800) of Chapter 6; (b) file a copy of its regulations and any amendments thereto with the Chancellor; and (c) substantially comply with its regulations and the regulations of the Board of Governors pertaining to degrees and certificates. Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 51006. Open Courses. (a) The governing board of a community college district shall adopt by resolution the following or a comparable statement: "The policy of this district is that, unless specifically exempted by statute or regulation, every course, course section, or class, reported for state aid, wherever offered and maintained by the district, shall be fully open to enrollment and participation by any person who has been admitted to the college(s) and who meets such prerequisites as may be established pursuant to regulations contained in Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of Division 6 of Title 5 of the California Code of Regulations." (b) The statement of policy adopted by the board pursuant to Subsection (a) shall be published in the official catalog, schedule of classes, and addenda to the schedule of classes for which full-time equivalent student (FTES) is reported for state apportionment. A copy of the statement shall also be filed with the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Sections 70901 and 78020 et seq., Education Code. s 51008. Comprehensive Plan. (a) The governing board of a community college district shall establish policies for, and approve, comprehensive or master plans which include academic master plans and long range master plans for facilities. The content of such plans shall be locally determined, except that the plans shall also address planning requirements specified by the Board of Governors. (b) Such plans, as well as any annual updates or changes to such plans, shall be submitted to the Chancellor's Office for review and approval in accordance with Section 70901(b)(9) of the Education Code and with regulations of the Board of Governors pertaining to such plans. Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 70901, 70902, 71020.5, 81820, 81821 and 81822, Education Code. s 51010. Equal Employment Opportunity. The governing board of a community college district shall: (a) adopt a district policy which describes its equal employment opportunity program and meets the requirements of section 53002; (b) develop and adopt a district equal employment opportunity plan which meets the requirements of section 53003; (c) ensure that its employment patterns are annually surveyed in the manner required by section 53004; (d) ensure that a program of recruitment is carried out as required by section 53021; (e) ensure that screening and selection procedures are developed and used in accordance with section 53024; (f) ensure that, where necessary, additional steps are taken consistent with the requirements of section 53006; (g) ensure that the pattern of hiring and retention, when viewed over time, is consistent with the objectives established in the district's equal employment opportunity plan; and (h) substantially comply with the other provisions of subchapter 1 (commencing with section 53000) of chapter 4. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-111139.5, Government Code. s 51012. Student Fees. The governing board of a community college district may only establish such mandatory student fees as it is expressly authorized to establish by law. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 51014. Approval of New Colleges and Educational Centers. (a) The governing board of a community college district planning the formation of a new college or educational center shall obtain approval for such college or educational center from the Board of Governors. Approval shall be obtained before classes begin at the new college or educational center. (b) The provisions of Subchapter 11 (commencing with Section 55825) of Chapter 6 shall govern the approval of new colleges and educational centers. Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700 and 70901, and Articles 1, 2, and 3 (commencing with Section 81800) of Chapter 4, Part 49, Education Code. s 51016. Accreditation. Each community college within a district shall be an accredited institution. The Accrediting Commission for Community and Junior Colleges shall determine accreditation. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 51016.5. Emergency Exception to Accreditation Requirement. Notwithstanding section 51016, the Chancellor may continue to allocate state funds to any community college district which operates a college that has had its accreditation terminated by the Accrediting Commission for Junior Colleges on or before September 30, 2006. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 51018. Counseling Programs. (a) The governing board of a community college district shall adopt regulations and procedures consistent with the provisions of this section. A copy of district regulations and procedures, as well as any amendments, shall be filed with the Chancellor's Office. (b) The governing board of a community college district shall provide and publicize an organized and functioning counseling program in each college within the district. Counseling programs shall include, but not be limited to, the following: (1) academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals; (2) career counseling, in which the student is assisted in assessing his or her aptitudes, abilities, and interests, and is advised concerning the current and future employment trends; (3) personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student's education; and (4) coordination with the counseling aspects of other services to students which may exist on the campus, including, but not limited to, those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services. (c) Counseling services as specified in Subsection (b)(1), (2), and (3) shall be provided to first-time students enrolled for more than six units, students enrolled provisionally, and students on academic or progress probation. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 72620, Education Code. s 51020. Objectives. Each community college shall have stated objectives for its instructional program and for the functions which it undertakes to perform. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 51021. Curriculum. Each community college shall establish such programs of education and courses as will permit the realization of the objectives and functions of the community college. All courses shall be approved by the Chancellor in the manner provided in Subchapter 1 (commencing with Section 55000) of Chapter 6. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 71020.5, Education Code. s 51022. Instructional Programs. (a) Within six months of the formation of a community college district, the governing board shall adopt and carry out its policies for the establishment, modification, or discontinuance of courses or programs. Such policies shall incorporate statutory responsibilities regarding vocational or occupational training program review as specified in section 78016 of the Education Code. (b) Within six months of the formation of a community college district, the governing board shall adopt and carry out its policies and procedures to provide that its courses and programs are articulated with proximate baccalaureate colleges and high schools. Note: Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 70902 and 78016, Education Code. s 51023. Faculty. The governing board of a community college district shall: (a) adopt a policy statement on academic freedom which shall be made available to faculty; (b) adopt procedures which are consistent with the provisions of sections 53200-53206, regarding the role of academic senates and faculty councils; (c) substantially comply with district adopted policy and procedures adopted pursuant to subdivisions (a) and (b). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 51023.5. Staff. (a) The governing board of a community college district shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance. At minimum, these policies and procedures shall include the following: (1) Definitions or categories of positions or groups of positions other than faculty that compose the staff of the district and its college(s) that, for the purposes of this section, the governing board is required by law to recognize or chooses to recognize pursuant to legal authority. In addition, for the purposes of this section, management and nonmangement positions or groups of positions shall be separately defined or categorized. (2) Participation structures and procedures for the staff positions defined or categorized. (3) In performing the requirements of subsections (a)(1) and (2), the governing board or its designees shall consult with the representatives of existing staff councils, committees, employee organizations, and other such bodies. Where no groups or structures for participation exist that provide representation for the purposes of this section for particular groups of staff, the governing board or its designees, shall broadly inform all staff of the policies and procedures being developed, invite the participation of staff, and provide opportunities for staff to express their views. (4) Staff shall be provided with opportunities to participate in the formulation and development of district and college policies and procedures, and in those processes for jointly developing recommendations for action by the governing board, that the governing board reasonably determines, in consultation with staff, have or will have a significant effect on staff. (5) Except in unforeseeable, emergency situations, the governing board shall not take action on matters significantly affecting staff until it has provided staff an opportunity to participate in the formulation and development of those matters through appropriate structures and procedures as determined by the governing board in accordance with the provisions of this Section. (6) The policies and procedures of the governing board shall ensure that the recommendations and opinions of staff are given every reasonable consideration. (7) When a college or district task force, committee, or other governance group, is used to consult with staff regarding implementation of this section or to deal with other issues which have been determined to significantly affect staff pursuant to subdivision (a)(4), the appointment of staff representatives shall be made as follows: (A) The exclusive representative shall appoint representatives for the respective bargaining unit employees, unless the exclusive representative and the governing board mutually agree in a memorandum of understanding to an alternative appointment process. (B) Where a group of employees is not represented by an exclusive agent, the appointment of a representative of such employees on any task force, committee or governance group shall be made by, or in consultation with, any other councils, committees, employee organizations, or other staff groups that the governing board has officially recognized in its policies and procedures for staff participation. (C) When the task force, committee or governance group will deal with issues outside the scope of collective bargaining, any other council, committee or staff group, other than an exclusive agent, that the governing board has officially recognized in its policies and procedures for staff participation may be allowed to designate an additional representative. These organizations shall not receive release time, rights, or representation on such task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees. (D) In all cases, representatives shall be selected from the category that they represent. (b) In developing and carrying out policies and procedures pursuant to subsection (a), the district governing board shall ensure that its actions do not dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. In addition, in order to comply with Government Code sections 3540, et seq., such procedures for staff participation shall not intrude on matters within the scope of representation under section 3543.2 of the Government Code. Governing boards shall not interfere with the exercise of employee rights to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Nothing in this section shall be construed to impinge upon or detract from any negotiations or negotiated agreements between exclusive representatives and district governing boards. It is the intent of the Board of Governors to respect lawful agreements between staff and exclusive representatives as to how they will consult, collaborate, share, or delegate among themselves the responsibilities that are or may be delegated to staff pursuant to these regulations. (c) Nothing in this section shall be construed to impinge upon the policies and procedures governing the participation rights of faculty and students pursuant to sections 53200-53204, and section 51023.7, respectively. (d) The governing board of a community college district shall comply substantially with the provisions of this section. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70901.2 and 70902, Education Code; and Sections 3540 et seq., Government Code. s 51023.7. Students. (a) The governing board of a community college district shall adopt policies and procedures that provide students the opportunity to participate effectively in district and college governance. Among other matters, said policies and procedures shall include the following: (1) Students shall be provided an opportunity to participate in formulation and development of district and college policies and procedures that have or will have a significant effect on students. This right includes the opportunity to participate in processes for jointly developing recommendations to the governing board regarding such policies and procedures. (2) Except in unforeseeable, emergency situations, the governing board shall not take action on a matter having a significant effect on students until it has provided students with an opportunity to participate in the formulation of the policy or procedure or the joint development of recommendations regarding the action. (3) Governing board procedures shall ensure that at the district and college levels, recommendations and positions developed by students are given every reasonable consideration. (4) For the purpose of this Section, the governing board shall recognize each associated student organization or its equivalent within the district as provided by Education Code Section 76060, as the representative body of the students to offer opinions and to make recommendations to the administration of a college and to the governing board of a district with regard to district and college policies and procedures that have or will have a significant effect on students. The selection of student representatives to serve on college or district committees, task forces, or other governance groups shall be made, after consultation with designated parties, by the appropriate officially recognized associated student organization(s) within the district. (b) For the purposes of this Section, district and college policies and procedures that have or will have a "significant effect on students" includes the following: (1) grading policies; (2) codes of student conduct; (3) academic disciplinary policies; (4) curriculum development; (5) courses or programs which should be initiated or discontinued; (6) processes for institutional planning and budget development; (7) standards and policies regarding student preparation and success; (8) student services planning and development; (9) student fees within the authority of the district to adopt; and (10) any other district and college policy, procedure, or related matter that the district governing board determines will have a significant effect on students. (c) The governing board shall give reasonable consideration to recommendations and positions developed by students regarding district and college policies and procedures pertaining to the hiring and evaluation of faculty, administration, and staff. (d) Nothing in this Section shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiations or negotiated agreements between collective bargaining agents and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining agents as to how they will consult, collaborate, share or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to the regulations on academic senates contained in Sections 53200-53206. (e) The governing board of a community college district shall comply substantially with policies and procedures adopted in accordance with this Section. Note: Authority cited: Sections 66700 and 70901(b)(1)(E), Education Code. Reference: Sections 70901 (b)(1)(E), 70902(b)(7) and 76060, Education Code. s 51024. Matriculation Services. The governing board of each community college district shall: (a) adopt and submit to the Chancellor a matriculation plan as required under Section 55510; (b) evaluate its matriculation program and participate in statewide evaluation activities as required under Section 55512(c); (c) provide matriculation services to its students in accordance with Sections 55520 and 55521; (d) establish procedures for waivers and appeals in connection with its matriculation program in a manner consistent with Section 55534; and (e) substantially comply with all other provisions of Subchapter 6 (commencing with Section 55500) of Chapter 6 of this Division. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78210-78218, Education Code. s 51025. Full-Time/Part-Time Faculty. This section relates to and should be read in conjunction with subchapter 3 (commencing with section 53300) of chapter 4 of this division. (a) By November 20 of each fiscal year the Board of Governors shall determine whether funds provided for cost-of-living adjustment, less any net reductions to the programs and allocations specified in subsection (b), are adequate to allow full or partial implementation of the provisions of paragraph (1) of subsection (c) and whether additional funds have been provided to allow implementation of the provisions of paragraph (6) of subsection (c). The Board of Governors may revise these determinations, and may revise the district's full-time faculty hiring obligations, based on the above criteria, at any time subsequent to the state enacting mid-year reductions to one or more of the programs or allocations specified in subsection (b). (b) For the purposes of this section the following programs and allocations are deemed to be essential and core to the mission and budgets of the California Community Colleges: general apportionment, growth for apportionment, cost-of-living adjustments, basic skills, Partnership for Excellence, financial aid administration, Extended Opportunity Programs and Services, Disabled Student Programs and Services, matriculation, part-time faculty compensation, part-time faculty health insurance, part-time faculty office hours, program improvement and allocations directed specifically to help reach the 75 percent full-time faculty standard. (c) If a district's full-time faculty percentage, as calculated pursuant to section 53308, is less than 75 percent, the following shall apply: (1) If the Board of Governors has determined pursuant to subsection (a) that adequate funds have been provided for implementation of this paragraph, the district's base full-time faculty obligation (as defined in section 53311) shall be increased for the fall term of the succeeding fiscal year, by the product of the base full-time faculty obligation multiplied by the percentage change in funded credit FTES, rounded down to the nearest whole number. In computing the district's full-time faculty obligation for the succeeding fiscal year, the base obligation will be increased by the lower of the projected fundable growth at the time of the budget enactment or the actual percentage change in funded credit FTES. For the second succeeding fall term the obligation will be adjusted to the actual percentage change in funded credit FTES. (2) Districts which, as determined from their base data, had a full-time faculty percentage of 67 percent or greater, but less than 75 percent shall apply up to 33 percent of their program improvement allocation pursuant to subsection (b) of section 58775, as necessary to reach the 75 percent standard pursuant to paragraph (4) below. (3) Districts which, as determined from their base data, had a full-time faculty percentage of less than 67 percent shall apply up to 40 percent of their program improvement allocation pursuant to subsection (b) of section 58775, as necessary to reach the 75 percent standard pursuant to paragraph (4) below. (4) For program improvement funds identified in paragraph (2) or (3), as appropriate, the district's base full-time faculty obligation shall be further increased for the fall term of the succeeding fiscal year, by the quotient of the applicable program improvement funds divided by the statewide average replacement cost for the current fiscal year, rounded down to the nearest whole number. (5) If the number of full-time faculty derived in paragraphs (1) and (4), or in paragraph (6), result in the district exceeding the 75 percent standard, the Chancellor shall reduce the number of the full-time obligation to a point that leaves the district as close as possible to, but in excess of, the 75 percent standard. (6) If the Board of Governors determines pursuant to subsection (a) that additional funds have been provided for the purpose of increasing the full-time faculty percentage, the district's base full-time faculty obligation shall be further increased for the fall term of the succeeding fiscal year by the quotient of the applicable funds divided by the statewide average replacement costs for the current fiscal year, rounded down to the nearest whole number. (7) If the Board of Governors determines pursuant to subsection (a) that adequate funds have not been provided to implement paragraph (1), the district's base full-time faculty obligation shall be unchanged. However, for the fall term of the succeeding fiscal year the district may choose, in lieu of maintaining its base obligation, to maintain, at a minimum, the full-time faculty percentage attained in the prior fall term. (d) Statewide average replacement cost is the statewide average faculty salary plus benefits, minus the product of the statewide average hourly rate of compensation for part-time faculty times the statewide average full-time teaching load. (e) On or before January 31 of each year, the Chancellor shall determine, based on information submitted by districts, the extent to which each district, by the fall term of that fiscal year, has maintained or hired the number of full-time faculty, or maintained the full-time faculty percentage if applicable, determined pursuant to subsection (c) for the prior fiscal year. To the extent that the number of full-time faculty or percentage of full-time faculty has not been maintained or additional full-time faculty have not been retained, the Chancellor shall reduce the district's revenue for the current fiscal year by an amount equal to the average replacement cost for the prior fiscal year times the deficiency in the number or percentage equivalent of full-time faculty. If the Board has determined, pursuant to subsection (a), that there are not adequate funds in the current fiscal year to allow full implementation of paragraph (1) of subsection (c), then the Chancellor may defer this reduction of revenue until the subsequent fiscal year in which the Board determines that adequate funds have been provided to allow full implementation of that paragraph. To the extent a district hires the additional full-time faculty in subsequent fiscal years, the reductions will no longer be levied. Notwithstanding this provision, the Chancellor may not waive reductions that are deferred under the authority of this subsection. The Chancellor may authorize a funding reduction that is deferred under the authority of this subsection to be made over a period not to exceed three fiscal years, provided that the district is meeting its full-time faculty obligation and it is the Chancellor's judgment that the district's financial integrity otherwise would be jeopardized. (f) All revenues available due to reductions made pursuant to subsection (e), shall be made available for statewide distribution on a one-time basis for that fiscal year, for purposes of promoting equal employment opportunities for faculty and staff pursuant to Education Code section 87107. (g) For districts that experience a reduction in base credit FTES, the Chancellor shall make a proportionate reduction to their base number of full-time faculty. Note: Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 51025.5. Elimination of Reduction Requirements for Fiscal Years 2002-03 and 2003-04. (a) The Board of Governors finds and declares the following: (1) The California Community Colleges endured major and sudden budget reductions in the middle of the 2002-03 fiscal year and during the 2003-04 fiscal year. In addition, the Legislature increased the student enrollment fee by $7 per credit unit, effective Fall 2003, and by an additional $8 per credit unit, effective Fall 2004, for a cumulative fee increase of 136 percent over the two years. These budget reductions and fee increases, and the attendant uncertainties created, seriously disrupted the ability of community college districts to maintain planned levels of course offerings and related programs. Community college districts were compelled to rapidly reduce personnel expenditures, and in many cases accomplished this through layoffs of staff and faculty or inducing early retirement incentives. (2) As a consequence of the disruptions delineated in paragraph (1), several districts were unable to maintain the number of full-time faculty required pursuant to provisions of section 51025 for fiscal year 2002-03 or for fiscal year 2003-04. (3) The Chancellor, utilizing authority granted by section 51025, deferred the imposition of attendant funding reductions for certain districts. Based on the report of full-time faculty numbers for Fall 2005, each of these districts is again in compliance with its required number of full-time faculty and one of these districts has attained the 75 percent standard specified in section 51025. (4) In view of these findings, the Board of Governors has determined that making funding reductions at this time would not further the goal of improving the ratio of full-time to part-time faculty and would only serve to penalize the affected districts. (b) Notwithstanding section 51025, the Chancellor shall not impose funding reductions on any district which failed to maintain or hire the number of full-time faculty, or failed to maintain the full-time percentage if applicable, determined pursuant to subsection (c) of section 51025, for fiscal years 2002- 03 or 2003-04, if that district: (1) was granted a deferral of the required funding reduction pursuant to subdivision (e) of section 51025; and (2) has achieved compliance with section 51025 by January 31, 2006. (c) This section shall become inoperative on December 31, 2006. Note: Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 51026. Student Equity. In accordance with the provisions of section 54220, the governing board of a community college district shall adopt a student equity plan. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66010.2, 66010.7, 66030 and 70901, Education Code. s 51027. Transfer Centers: Minimum Program Standards. (a) The governing board of each community college district shall recognize transfer as one of its primary missions, and shall place priority emphasis on the preparation and transfer of underrepresented students, including African-American, Chicano/Latino, American Indian, disabled, low-income and other students historically and currently underrepresented in the transfer process. (b) Each community college district governing board shall direct the development and adoption of a transfer center plan describing the activities of the transfer center and the services to be provided to students, incorporating the provisions established in the standards outlined below. Plans shall identify target student populations and shall establish target increases in the number of applicants baccalaureate institutions from these populations, including specific targets for increasing the transfer applications of underrepresented students among transfer students. Plans shall be developed in consultation with baccalaureate college and university personnel as available. Plan components shall include, but not be limited to: services to be provided to students; facilities; staffing; advisory committee; and evaluation and reporting. (1) Required Services. Districts shall: (A) Identify, contact, and provide transfer support services to targeted student populations as identified in the transfer center plan, with a priority emphasis placed on African-American, Chicano/Latino, American Indian, disabled, low-income, and other underrepresented students. These activities shall be developed and implemented in cooperation with student services departments and with faculty. (B) Ensure the provision of academic planning for transfer, the development and use of transfer admission agreements with baccalaureate institutions where available and as appropriate, and the development and use of course-to-course and major articulation agreements. Academic planning and articulation activities shall be provided in cooperation with student services, with faculty, and with baccalaureate institution personnel as available. (C) Ensure that students receive accurate and up-to-date academic and transfer information through coordinated transfer counseling services. (D) Monitor the progress of transfer students to the point of transfer, in accordance with monitoring activities established in the Transfer Center Plan. (E) Support the progress of transfer students through referral as necessary, to such services as ability and diagnostic testing, tutoring, financial assistance, counseling, and to other instructional and student services on campus as appropriate. (F) Assist students in the transition process, including timely completion and submittal of necessary forms and applications. (G) In cooperation with baccalaureate institution personnel as available, develop and implement a schedule of services for transfer students to be provided by baccalaureate institution staff. (H) Provide a resource library of college catalogs, transfer guides, articulation information and agreements, applications to baccalaureate institutions, and related transfer information. (2) Facilities. Each district governing board shall provide space and facilities adequate to support the transfer center and its activities. Each district shall designate a particular location on campus as the focal point of transfer functions. This location should be readily identifiable and accessible to students, faculty, and staff. (3) Staffing. Each district governing board shall provide clerical support for the transfer center and assign college staff to coordinate the activities of the transfer center; to coordinate underrepresented student transfer efforts; to serve as liaison to articulation, to student services, and to instructional programs on campus; and to work with baccalaureate institution personnel. (4) Advisory Committee. Each district shall designate an advisory committee to plan the development, implementation, and ongoing operations of the transfer center. Membership shall be representative of campus departments and services. Baccalaureate institution personnel shall be included as available. (5) Evaluation and Reporting. Each district governing board shall include in its transfer center plan a plan of institutional research for ongoing internal evaluation of the effectiveness of the college's transfer efforts, and the achievement of its transfer center plan. Each community college district shall submit an annual report to the Chancellor describing the status of the district's efforts to implement its transfer center(s), achievement of transfer center plan targets and goals, and expenditures supporting transfer center operations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66010.4 and 70901, Education Code. s 51100. Review of Colleges. (a) The Chancellor shall annually review a minimum of three community college districts to determine whether they have met the minimum conditions contained in subchapter 1 (commencing with section 51000) of chapter 2. The reviews shall be at random from among districts that have not recently been reviewed or based on complaints, audit findings, or other information concerning compliance. The Chancellor may conduct such additional compliance reviews as he or she deems appropriate. (b) The Chancellor shall investigate complaints alleging that a district is failing to comply substantially with the minimum conditions contained in subchapter 1 and shall establish guidelines for accepting and handling such complaints. (c) In the event that the Chancellor determines that a visit to the district is necessary to investigate compliance, he or she shall make all reasonable efforts to inform the chief executive officer of the district at least one month in advance of such visit, and shall specify the particular minimum conditions that will be investigated. (d) The enforcement procedures and remedies set forth in this subchapter are in addition to any and all other enforcement mechanisms and remedies provided by law for violation of the provisions of this chapter. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 51102. Enforcement. (a) If any review pursuant to section 51100 discloses that a district may not be in compliance with the provisions of subchapter 1 (commencing with section 51100) of chapter 2, the Chancellor shall notify the chief executive officer of the district in writing, and shall request an official written response from the district by a date which the Chancellor shall specify. (b) After receiving the district's written response, or after the time for response has lapsed, the Chancellor shall pursue one or more of the following courses of action: (1) accept in whole or part the district's response regarding the alleged noncompliance; (2) require the district to submit and adhere to a plan and timetable for achieving compliance as a condition for continued receipt of state aid; (3) bar the district from eligibility for grants and/or contracts administered by the Chancellor's Office; (4) withhold all or part of the allocation of funds which the district would otherwise receive from any categorical program administered by the Chancellor's Office; and/or (5) withhold or reduce all or part of the district's state aid, including state general apportionment, and/or growth funding. (c) The remedy required by the Chancellor shall be related to the extent and gravity of noncompliance. As a general rule, categorical funds shall only be withheld or reduced where the noncompliance was directly related to the operation of that program or where other funds are not sufficient to cover the extent of the withholding or reduction. Any withholding or reduction of funding shall require approval of the Board of Governors. (d) The Chancellor shall report to the Board of Governors on any actions taken pursuant to subdivision (b) of this section, provided that, in the event he or she determines to reduce or withhold all or a portion of a district's state aid, the Chancellor shall inform and obtain the approval of the Board prior to the reduction or withholding. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. Note: Authority cited: Sections 71020, 71024 and 71025, Education Code. Note: Authority cited: Section 71020, 71025 and 71066, Education Code. Reference: Sections 71066, 72285 and 76000, Education Code. Note: Authority cited: Sections 66700, 71020 and 71066, Education Code. Reference: Sections 66701, 71066 and 72285, Education Code. Note: Authority cited for Chapter 9: Section 71027, Education Code. Note: Authority cited: Sections 71020, 78452 and 84500, Education Code. Reference Sections 78452 and 84500, Education Code. s 51950. Intent. Note: Authority cited: Sections 66700, 71020, 71062, 71066, 71068, and 87105, Education Code. Reference: Sections 66700, 71062, 71066, 71068, 78200, 78401, and 87100-87106, Education Code. s 51951. Receipt or Use of State and Local Funds. Note: Authority cited: Sections 66700 and 71025, Education Code. Reference: Sections 66700, 71020, 71025 and 71062, Education Code. s 51952. Discrimination. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700, 71062 and 72013, Education Code. s 51953. Approval. Note: Authority cited: Sections 66700, 71020, 71062, Education Code. Reference: Sections 66700 and 71062, Education Code. s 51955. Objectives. Note: Authority cited: Sections 66700, 71020, 71028 and 71062, Education Code. Reference: Sections 66700, 72231.5, and 72283, Education Code. s 51956. Curriculum. Note: Authority cited: Sections 66700, 71020, 71028 and 71062, Education Code. Reference: Sections 66700, 71028, 72231.5, 72283, 78200, 78401, Education Code. s 51957. Identification of Courses. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700, 71020 and 72283, Education Code. s 51958. College Credit Course. Note: Authority cited: Sections 66700, 71020, 71027 and 71062, Education Code. Reference: Sections 66700 and 71027, Education Code. s 51963. Faculty Personnel. Note: Authority cited: Sections 66700, 71020, 71062 and 71068, Education Code. Reference: Sections 66700, 71068 and 72208, Education Code. s 51964. Conditions of Instruction. Note: Authority cited: Sections 66700, 71020, 71062 and 71068, Education Code. Reference: Sections 66700, 71020 and 71062, Education Code. s 51965. Employment Affirmative Action. Note: Authority cited: Sections 66700, 71020, 71062 and 87105, Education Code. Reference: Sections 66700 and 87101-87106, Education Code. s 51967. Grading Practices. Note: Authority cited: Sections 66700, 71020, 71062 and 71066, Education Code. Reference: Sections 66700, 71066 and 72285, Education Code. s 51970. Library. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Section 66700, Education Code. s 51971. Facilities for Certain Courses. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Section 66700, Education Code. s 51975. Counseling Services. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700 and 72620, Education Code. s 51976. Health Services. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700 and 76400, Education Code. s 51977. Student Conduct and Expression. Note: Authority cited: Sections 66700, 71020, 71062 and 71079, Education Code. Reference: Sections 66700 and 72292, Education Code. s 51978. Student Records. Note: Authority cited: Sections 66700, 71020, 71062, 76220, 76225 and 76246, Education Code. Reference: Sections 66700 and 76200-76246, Education Code. s 51980. Fees. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700 and 78462.5, Education Code. s 51981. Budget and Accounting Procedures. Note: Authority cited: Sections 66700, 71020, 71062, 71073 and 84004, Education Code. Reference: Sections 66700, 71073 and 84004, Education Code. s 51985. Degrees and Certificates. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700, 71073 and 84004, Education Code. s 51987. Master Plans. Note: Authority cited: Sections 66700, 71020, 71028 and 71062, Education Code. Reference: Sections 66700, 71028 and 72231.5. s 51988. Audits. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700 and 84040, Education Code. s 51989. Budget. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Sections 66700, 85021 and 85023, Education Code. s 51990. Reports. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Section 66700, Education Code. s 51996. Compliance Reviews and Sanctions. Note: Authority cited: Sections 66700, 71020 and 71062, Education Code. Reference: Section 66700, Education Code. s 52000. Credential Required. Note: Authority cited: Sections 71068, 87274 and 87295, Education Code. Reference: Sections 72620, 87064, 87067, 87200, 87275, 87279, 87282, 87285, 87293, 87298 and 87299, Education Code. s 52001. Accredited Institution of Higher Education. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275, 87278, 87281, 87284 and 87297, Education Code. s 52002. Associate Degree. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275, 87278, 87281, 87292, 87297, 87298 and 87299, Education Code. s 52003. Baccalaureate Degree. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275, 87278, 87281, 87292, 87297, 87298 and 87299, Education Code. s 52004. Chief Administrative Officer. Note: Authority cited: Sections 71068 and 87281, Education Code. Reference: Section 87283, Education Code. s 52005. Classes for Adults. Note: Authority cited: Sections 71068 and 87295, Education Code. Reference: Sections 78401 and 78402, Education Code. s 52006. Counselor. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52007. Foreign Equivalent. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87274, Education Code. s 52008. Higher Education. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275, 87278, 87281, 87297, 87298 and 87299, Education Code. s 52009. Instructor. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87277, Education Code. s 52010. Institution of Higher Education. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275, 87278, 87281 and 87284, Education Code. s 52011. Librarian. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52012. Major. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87227, 87275 and 87294, Education Code. s 52013. Master's Degree. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275, 87278, 87281 and 87284, Education Code. s 52014. Minor. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87227, 87275 and 87294, Education Code. s 52015. Occupational Experience. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87297, Education Code. s 52016. Professional Education. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87275, Education Code. s 52017. Secondary Education. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87292, Education Code. s 52018. Semester Unit. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275, 87278, 87281, 87292, 87297, 87298 and 87299, Education Code. s 52019. Student Personnel Worker. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87276, Education Code. s 52020. Subject Matter Area. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52021. Supervisor. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87280, Education Code. s 52030. Applications. Note: Authority cited: Sections 71020, 71068 and 87274, Education Code. Reference: Sections 87214, 87215, 87220 and 87221, Education Code. s 52031. Subject Matter Areas. Note: Authority cited: Sections 71068 and 87275, Education Code. Reference: Sections 87227, 87275, 87294 and 87295, Education Code. s 52032. Occupational Experience. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87295, Education Code. s 52033. Occupational Experience-Exception. Note: Authority cited: Section 71068 and 87274, Education Code. Reference: Sections 87275 and 87295, Education Code. s 52034. Occupational Experience-Teaching. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87275, Education Code. s 52035. Fees. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87271, 87272 and 87273, Education Code; and Section 11105(e), Penal Code. s 52036. Investigation; Issuance. Note: Authority cited: Sections 71020, 71068 and 87274, Education Code. Reference: Sections 87215, 87216, 87220, 87221, 87275, 87278, 87281, 87284, 87289, 87290, 87298 and 87299, Education Code. s 52037. Duration. Note: Authority cited: Sections 71068, 87226 and 87274, Education Code. Reference: Sections 87225, 87228, 87292 and 87297, Education Code. s 52038. Document. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87002, 87004 and 87227, Education Code. s 52039. Contents. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87225, 87227 and 87228, Education Code. s 52040. Required Before Issuance. Note: Authority cited: Section 87274, Education Code. Reference: Article 4 (commencing with Section 87271), Chapter 2, Part 51, Chapter 7, Education Code. s 52041. Identification Cards. Note: Authority cited: Sections 87219 and 87220, Education Code. Reference: Sections 87010, 87011, 87219, 87220, 87334, 87335 and 87336, Education Code. s 52042. Fingerprints. Note: Authority cited: Section 87220, Education Code. Reference: Sections 87010, 87219 and 87220, Education Code. s 52043. Information Relating to the Fingerprinting. Note: Authority cited: Section 87220, Education Code. Reference: Sections 87010, 87219 and 87220, Education Code. s 52044. Name and Identification. Note: Authority cited: Section 87220, Education Code. Reference: Sections 87010, 87219 and 87220, Education Code. s 52045. Signature, Name, and Address Note: Authority cited: Section 87220, Education Code. Reference: Sections 87010, 87219 and 87220, Education Code. s 52046. Effectiveness. Note: Authority cited: Section 87220, Education Code. Reference: Sections 87010 and 87220, Education Code. s 52047. Moral Character. Note: Authority cited: Sections 71068, 87219 and 87274, Education Code. Reference: Sections 87219 and 87289, Education Code; and Morrison v. State Board of Education (1969) 1 Cal3d 214.2. s 52050. Reinstatement After Revocation. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87331, 87332, 87334, 87335 and 87336, Education Code. s 52051. Reinstatement After Suspension. Note: Authority cited: Sections 71020, 87274 and 87282, Education Code. Reference: Sections 87330, 87331 and 87332, Education Code. s 52052. Replacement of Credential. Note: Authority cited: Sections 71020 and 87230, Education Code. Reference: Sections 87230 and 87231, Education Code. s 52055. Certificate of Eligibility. Note: Authority cited: Sections 71020, 87274 and 87274.5, Education Code. Reference: Section 87274.5, Education Code; and Section 1, Chapter 943, Statutes of 1981. s 52056. Authorized Services and Duration. Note: Authority cited: Sections 71020, 87274 and 87274.5, Education Code. Reference: Section 87274.5, Education Code; and Section 1, Chapter 943, Statutes of 1981. s 52057. District Notice to Chancellor. Note: Authority cited: Sections 71020, 87274 and 87274.5, Education Code. Reference: Section 87274.5, Education Code; and Section 1, Chapter 943, Statutes of 1981. s 52058. Credential Award. Note: Authority cited: Sections 71020, 87274 and 87274.5, Education Code. Reference: Sections 87274.5, 87331, 87332, 87334, 87335 and 87336, Education Code; and Section 1, Chapter 943, Statutes of 1981. s 52060. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87277 and 87295, Education Code. s 52061. Subject Matter Areas. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52062. New Subject Matter. Note: Authority cited: Sections 71068 and 71091, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52063. Subject Matter Areas (Master's Degree). Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52064. Subject Matter Areas (Baccalaureate Degrees). Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52065. Subject Matter Areas (Associate Degree and High School Diploma). Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52066. Basis for Determination. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87275 and 87277, Education Code. s 52067. Removal of Subject Matter Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Section 87227, Education Code. s 52068. Addition of Subject Matter Areas. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87227, 87275 and 87277, Education Code. s 52069. Listing of Subject Matter Areas. Note: Authority cited: Sections 71020 and 87274, Education Code. Reference: Sections 87227, 87275 and 87277, Education Code. s 52080. Instructor's Credential. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87275, Education Code. s 52085. Services Authorized. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600, 78600.5 and 84850, Education Code. s 52086. Areas of Specialization. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600 and 78600.5, Education Code. s 52087. Criteria. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600, 78600.5 and 84850, Education Code. s 52088. Grandfather Clause. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600, 78600.5 and 84850, Education Code. s 52090. Services Authorized (Community College). Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87280, Education Code. s 52091. Services Authorized (District Office). Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87280, Education Code. s 52092. Community College Supervisor Credential. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87278, Education Code. s 52093. Year. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87278, Education Code. s 52100. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87278, Education Code. s 52110. Required Experience. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87281, Education Code. s 52111. Eminence. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87281, Education Code. s 52112. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87283, Education Code. s 52120. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87281, Education Code. s 52130. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52135. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87284, Education Code. s 52140. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87284, Education Code. s 52145. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52150. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87298, Education Code. s 52155. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87298, Education Code. s 52160. Services Authorized. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52165. Criteria. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87286, Education Code. s 52170. Scope. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600, 78600.5, 84850 and 87297, Education Code. s 52171. Program for Completing Requirements. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87297, Education Code. s 52172. Duration and Renewal. Note: Authority cited: Sections 71068, 87226 and 87274, Education Code. Reference: Sections 87225, 87227 and 87297, Education Code. s 52173. Maximum Time for Credentials. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87297, Education Code. s 52174. Grounds for Renewal. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Sections 87289, 87290 and 87297, Education Code. s 52175. Examination for Renewal. Note: Authority cited: Sections 71068 and 87274, Education Code. Reference: Section 87297, Education Code. s 52176. Document. Note: Authority cited: Sections 71068, 87226 and 87274, Education Code. Reference: Sections 87225, 87228 and 87297, Education Code. s 52177. Reissuance of Credentials Issued on Partial Fulfillment of Requirements. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Section 87297, Education Code. s 52180. Subject Matter Areas. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Section 87297, Education Code. s 52181. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87277 and 87297, Education Code. s 52182. Criteria. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87275 and 87297, Education Code. s 52183. Criteria - HSPS Instructor and Service Credential. Note: Authority cited: Sections 71068, 7840.5, 78600.5, 87274 and 87297, Education Code. Reference: Sections 78440, 78600, 78600.5, 87275, 87297 and 84850, Education Code. s 52185. Required Experience in Higher Education. Note: Authority cited: Sections 71078, 87274 and 87297, Education Code. Reference: Sections 87278 and 87297, Education Code. s 52186. Required Experience in Other Fields. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87278 and 87297, Education Code. s 52187. Year. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87278 and 87297, Education Code. s 52188. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87280 and 87287, Education Code. s 52189. Criteria. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87280 and 87297, Education Code. s 52195. Criteria. Note: Authority cited: Sections 71068 and 87297, Education Code. Reference: Sections 87284 and 87297, Education Code. s 52196. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Section 87286, Education Code. s 52200. Criteria. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87284 and 87297, Education Code. s 52201. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87284 and 87297, Education Code. s 52205. Criteria. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87284 and 87297, Education Code. s 52206. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87297 and 87298, Education Code. s 52210. Criteria. Note: Authority cited: Sections 71068, 87274 and 87297, Education Code. Reference: Sections 87297 and 87298, Education Code. s 52220. Effect on Tenure. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87292, 87605, 87608 and 87609, Education Code. s 52221. Authorization. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52222. Eligibility. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52223. District Action. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52224. Requirements of Applicant. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52225. Emergency Areas of Instruction. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52226. Document. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87227 and 87292, Education Code. s 52227. Duration. Note: Authority cited: Sections 71068, 87226, 87274 and 87292, Education Code. Reference: Sections 87228 and 87292, Education Code. s 52228. Reissue. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Section 87292, Education Code. s 52230. Handicapped Student Programs and Services Provisional Credential. Note: Authority cited: Sections 71068, 78440.5, 78600.5 and 87274, Education Code. Reference: Sections 78440, 78600, 78600.5 and 84850, Education Code. s 52235. Effect on Tenure. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87292, 87605, 87608 and 87609, Education Code. s 52236. Authorization. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52237. Eligibility. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Section 87292, Education Code. s 52238. District Action. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Section 87292, Education Code. s 52239. Document. Note: Authority cited: Sections 71068, 87274, 87226 and 87292, Education Code. Reference: Sections 87228 and 87292, Education Code. s 52240. Duration. Note: Authority cited: Sections 71068, 87226, 87274 and 87292, Education Code. Reference: Sections 87225 and 87228, Education Code. s 52241. Renewal. Note: Authority cited: Sections 71068, 87226, 87274 and 87292, Education Code. Reference: Sections 87225 and 87228, Education Code. s 52250. Service Authorized. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87277 and 87292, Education Code. s 52251. Credential Document. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87227 and 87292, Education Code. s 52252. Duration. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87227 and 87292, Education Code. s 52253. Life Credential. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87227 and 87292, Education Code. s 52255. Community College Limited Service Credential. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275 and 87292, Education Code. s 52260. Special Limited Services Credential. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275 and 87292, Education Code. s 52261. Criteria. Note: Authority cited: Sections 71068, 87274 and 87292, Education Code. Reference: Sections 87275 and 87292, Education Code. s 52262. Duration. Note: Authority cited: Sections 71068, 87226, 87274 and 87292, Education Code. Reference: Sections 87228 and 87292, Education Code. s 52270. Criteria for Determining Eminence. Note: Authority cited: Sections 71068, 87274 and 87299, Education Code. Reference: Sections 87227 and 87299, Education Code. s 52271. Service Authorized. Note: Authority cited: Sections 71068, 87274 and 87295, Education Code. Reference: Sections 87227 and 87299, Education Code. s 52275. Eligibility. Note: Authority cited: Sections 71068, 87274 and 87295, Education Code. Reference: Sections 78401, 78402, 78403 and 87295, Education Code. s 52276. Certificate Document. Note: Authority cited: Sections 71068, 87274 and 87295, Education Code. Reference: Sections 87227 and 87295, Education Code. s 52277. Services Authorized. Note: Authority cited: Sections 71068, 87274 and 87295, Education Code. Reference: Sections 87227 and 87295, Education Code. s 52290. Definitions. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52291. Hearing Committee. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52292. Duties of Committee. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52293. Vote. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52294. Authority of the Chancellor to Act for the Board. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52300. Written Notice. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52301. Respondent's Rights. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52302. Statements by Respondent. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52303. Hearing. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52304. Evidence. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52305. Closed Hearing. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52306. Conduct of the Hearing. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52307. Basis of Recommendations. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52308. Time and Form of Decision. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52309. Committee Action Required. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52310. Action by the Chancellor. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52311. Special Revocation. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 87332, 87340, 87341 and 87342, Education Code. s 52320. Administrative Hearing. Note: Authority cited: Sections 71020, 87274 and 87295, Education Code. Reference: Sections 11503 and 11504, Government Code. s 52400. Application. Note: Authority cited: Section 87810, Education Code. Reference: Sections 87275, 87278, 87281, 87284 and 87295, Education Code. s 52401. Approval. Note: Authority cited: Section 87810, Education Code. Reference: Sections 87275, 87278, 87281, 87284 and 87295, Education Code. s 52402. Verification. Note: Authority cited: Section 87810, Education Code. Reference: Sections 87275, 87278, 87281, 87284 and 87295, Education Code. s 52403. Investigation and Recommendation. Note: Authority cited: Section 87810, Education Code. Reference: Sections 87275, 87278, 87281, 87284 and 87295, Education Code. s 53000. Scope and Intent. (a) This subchapter implements and should be read in conjunction with Government Code sections 11135-11139.5, Education Code sections 66010.2, 66030, and Chapter 4.5 of Part 40 of Title 3, commencing with section 66250; Title VI of the Civil Rights Act of 1964 (42 U.S.C. s 2000d), Title IX of the Education Amendments of 1972 (20 U.S.C. s 1681), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. s 794), the Americans with Disabilities Act of 1990 (42 U.S.C. s 12100 et seq.) and the Age Discrimination Act (42 U.S.C. s 6101). Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions. (b) The regulations in this subchapter require steps to promote faculty and staff equal employment opportunity which are in addition to and consistent with the nondiscrimination requirements of state or federal law. Therefore, compliance with these regulations or approval of the district's equal employment opportunity plan pursuant to section 53003 does not imply and should not be construed to mean that a district has necessarily complied with its obligations under any other applicable laws or regulations. The Chancellor shall assist districts in identifying other applicable state or federal laws which may affect district equal employment opportunity or nondiscrimination policies. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135-11139.5, Government Code; Title 20, United States Code, Section 1681; Title 29, United States Code, Section 794; and Title 42, United States Code, Sections 2000d, 6101 and 12100, et seq. s 53001. Definitions. As used in this subchapter: (a) Adverse Impact. "Adverse impact" means that a statistical measure (such as those outlined in the Equal Employment Opportunity Commission's "Uniform Guidelines on Employee Selection Procedures") is applied to the effects of a selection procedure and demonstrates a disproportionate negative impact on any group defined in terms of ethnic group identification, gender, or disability. A disparity identified in a given selection process will not be considered to constitute adverse impact if the numbers involved are too small to permit a meaningful comparison. (b) Business Necessity. "Business necessity" means circumstances which justify an exception to the requirements of section 53021(b)(1) because compliance with that section would result in substantial additional financial cost to the district or pose a significant threat to human life or safety. Business necessity requires greater financial cost than does mere business convenience. Business necessity does not exist where there is an alternative that will serve business needs equally well. (c) Equal Employment Opportunity. "Equal employment opportunity" means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and to enjoy the benefits of employment with the district. Equal employment opportunity should exist at all levels and in all job categories listed in section 53004(a). Ensuring equal employment opportunity also involves creating an environment which fosters cooperation, acceptance, democracy, and free expression of ideas and is welcoming to men and women, persons with disabilities, and individuals from all ethnic and other groups protected from discrimination by this subchapter. (d) Equal Employment Opportunity Plan. An "equal employment opportunity plan" is a written document in which a district's work force is analyzed and specific plans and procedures are set forth for ensuring equal employment opportunity. (e) Equal Employment Opportunity Programs. "Equal employment opportunity programs" means all the various methods by which equal employment opportunity is ensured. Such methods include, but are not limited to, using nondiscriminatory employment practices, actively recruiting, monitoring and taking additional steps consistent with the requirements of section 53006. (f)(1) Ethnic Minorities. "Ethnic minorities" means American Indians or Alaskan natives, Asians or Pacific Islanders, Blacks/African-Americans, and Hispanics/Latinos. (2) Ethnic Group Identification. "Ethnic group identification" means an individual's identification in one or more of the ethnic groups reported to the Chancellor pursuant to section 53004. These groups shall be more specifically defined by the Chancellor consistent with state and federal law. (g) Goals for Persons with Disabilities. "Goals for persons with disabilities" means a statement that the district will strive to attract and hire additional qualified persons with a disability in order to achieve the level of projected representation for that group by a target date established by taking into account the expected turnover in the work force and the availability of persons with disabilities who are qualified to perform a particular job. Goals are not "quotas" or rigid proportions. (h) In-house or Promotional Only Hiring. "In-house or promotional only" hiring means that only existing district employees are allowed to apply for a position. (i) Monitored Group. "Monitored group" means those groups identified in section 53004(b) for which monitoring and reporting is required pursuant to section 53004(a). (j) Person with a Disability. "Person with a disability" means any person who (1) has a physical or mental impairment as defined in Government Code section 12926 which limits one or more of such person's major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. A person with a disability is "limited" if the condition makes the achievement of the major life activity difficult. (k) Projected Representation. "Projected representation" means the percentage of persons from a monitored group determined by the Chancellor to be available and qualified to perform the work in question. (l) Reasonable Accommodation. "Reasonable accommodation" means the efforts made on the part of the district to remove artificial or real barriers which prevent or limit the employment and upward mobility of persons with disabilities. "Reasonable accommodations" may include the items designated in section 53025. (m) Screening or Selection Procedure. "Screening or selection procedure" means any measure, combination of measures, or procedure used as a basis for any employment decision. Selection procedures include the full range of assessment techniques, including but not limited to, traditional paper and pencil tests, performance tests, and physical, educational, and work experience requirements, interviews, and review of application forms. (n) Significantly Underrepresented Group. "Significantly underrepresented group" means any monitored group for which the percentage of persons from that group employed by the district in any job category listed in section 53004(a) is below eighty percent (80%) of the projected representation for that group in the job category in question. (o) Target Date. "Target date" means a point in time by which the district plans to meet an established goal for persons with disabilities and thereby achieve projected representation in a particular job category. (p) Timetable. "Timetable" means a set of specific annual hiring objectives that will lead to meeting a goal for persons with a disability by a projected target date. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135-11139.5, 11092 and 12926, Government Code; 29 C.F.R. 1602.48 (1981); 29 C.F.R. 1607; 29 U.S.C. 793; 41 C.F.R. 60-741.2 (1980). s 53002. Policy Statement. The governing board of each community college district shall adopt a policy statement setting forth the district's commitment to an equal employment opportunity program. This statement may also incorporate the nondiscrimination policy statement required pursuant to section 59300 and other similar nondiscrimination or equal employment opportunity statements which may be required under other provisions of state and federal law. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.1, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53003. District Plan. (a) The governing board of each community college district shall develop and adopt a district-wide written equal employment opportunity plan to implement its equal employment opportunity program. Such plans and revisions shall be submitted to the Chancellor's Office for review and approval. (b) Such plans shall be reviewed at least every three years and, if necessary, revised and submitted to the Chancellor's Office for approval. Each community college district shall notify the Chancellor at least 30 days prior to adopting any other amendments to its plan. (c) In particular, the plan shall include all of the following: (1) the designation of the district employee or employees who have been delegated responsibility and authority for implementing the plan and assuring compliance with the requirements of this subchapter pursuant to section 53020; (2) the procedure for filing complaints pursuant to section 53026 and the person with whom such complaints are to be filed; (3) a process for notifying all district employees of the provisions of the plan and the policy statement required under section 53002; (4) a process for ensuring that district employees who are to participate on screening or selection committees shall receive appropriate training on the requirements of this subchapter and of state and federal nondiscrimination laws; (5) a process for providing annual written notice to appropriate community-based and professional organizations concerning the district's plan and the need for assistance from the community and such organizations in identifying qualified applicants; (6) an analysis of the number of persons from monitored groups who are employed in the district's work force and those who have applied for employment in each of the job categories listed in section 53004(a); (7) an analysis of the degree to which monitored groups are underrepresented in comparison to the numbers of persons from such groups whom the Chancellor determines to be available and qualified to perform the work required for each such job category and whether or not the underrepresentation is significant; (8) methods for addressing any underrepresentation identified pursuant to subparagraph (7) (9) additional steps consistent with section 53006 to remedy any significant underrepresentation identified in the plan; and (10) any other measures necessary to further equal employment opportunity throughout the district. (d) The plan shall include any goals for hiring persons with disabilities that are required by section 53025. (e) The plans submitted to the Chancellor shall be public records. (f) Each community college district shall make a continuous good faith effort to comply with the requirements of the plan required under this section. (g) In developing the availability data called for in subsection (c)(7), the Chancellor shall work through the established Consultation Process. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and sections 11135-11139.5, Government Code. s 53004. District Evaluation and Report to Chancellor. (a) Each district shall annually survey its employees and shall monitor applicants for employment on an ongoing basis in order to evaluate the implementation of its equal employment opportunity plan and to provide data needed for the analyses required by sections 53003, 53006, 53023, and 53024. Each district shall annually report to the Chancellor, in a manner prescribed by the Chancellor, the results of its annual survey of employees at each college in the district. Each employee shall be reported so that he or she may be identified as belonging to one of the following seven job categories: (1) executive/administrative/managerial; (2) faculty and other instructional staff; (3) professional nonfaculty; (4) secretarial/clerical; (5) technical and paraprofessional; (6) skilled crafts; and (7) service and maintenance. (b) For purposes of the survey and report required pursuant to subsection (a) of this section, each applicant or employee shall be afforded the opportunity to identify his or her gender, ethnic group identification and, if applicable, his or her disability. A person may designate multiple ethnic groups with which he or she identifies, but shall be counted in only one ethnic group for reporting purposes. Chinese, Japanese, Filipinos, Koreans, Vietnamese, Asian Indians, Hawaiians, Guamanians, Samoans, Laotians, and Cambodians are to be counted and reported as part of the Asian/Pacific Islander group as well as in separate subcategories. However, in determining whether additional steps are necessary to ensure that monitored groups have not been excluded on an impermissible basis, analysis of the separate subgroups is not necessary. Note: Authority cited: Sections 66271.1, 66700, 70901 and 87105, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 8310.5 and 11135-11139.5, Government Code. s 53005. Advisory Committee. Each community college district shall establish an Equal Employment Opportunity Advisory Committee to assist the district in developing and implementing the plan required under section 53003. This advisory committee shall include a diverse membership whenever possible. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53006. Additional Steps to Ensure Equal Employment Opportunity. (a) If a district determines that a particular monitored group is significantly underrepresented with respect to one or more job categories, the district shall take additional steps consistent with this section. At a minimum, the district shall: (1) review its recruitment procedures and identify and implement any additional measures which might reasonably be expected to attract candidates from the significantly underrepresented group; (2) consider various other means of reducing the underrepresentation which do not involve taking monitored group status into account, and implement any such techniques which are determined to be feasible and potentially effective; (3) determine whether the group is still significantly underrepresented in the category or categories in question after the measures described in (1) and (2) have been in place a reasonable period of time; and (4) if significant underrepresentation persists, the staffing rate for the significantly underrepresented group in the specified job category or categories shall be monitored on an ongoing basis until the projected representation has been achieved for that group in the category or categories in question. (b) If a reasonable period of time passes and significant underrepresentation persists for a particular group in the job category in question, the district shall: (1) review each locally established "required," "desired" or "preferred" qualification being used to screen applicants for positions in the job category to determine if it is job-related and consistent with business necessity through a process meeting the requirements of federal law or is among those qualifications which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system; (2) discontinue the use of any locally established qualification that has not been found to satisfy the requirements set forth in paragraph (1) of this subdivision; and (3) continue using qualification standards meeting the requirements of paragraph (1) only where no alternative qualification standard is reasonably available which would select for the same characteristics, meet the requirements of paragraph (1) and be expected to have a less exclusionary effect. (c) For purposes of this section, "a reasonable period of time" means three years, or such longer period as the Chancellor may approve, upon the request of the equal employment opportunity advisory committee and the chief executive officer, where the district has not filled enough positions to appreciably affect its work force in the job category in question. (d) Nothing in this subchapter shall be construed to prohibit a district from taking any other steps it concludes are necessary to ensure equal employment opportunity, provided that such actions are consistent with the requirements of federal and state constitutional and statutory nondiscrimination law. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53010. Assistance. Note: Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87103, Education Code. s 53011. Report. Note: Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87104, Education Code. s 53012. Periodic Evaluation. Note: Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87102, Education Code. s 53020. Responsibility; Delegation of Authority; Complaints. (a) The governing board of each community college district is ultimately responsible for proper implementation of this subchapter at all levels of district and college operation and for making measurable progress toward equal employment opportunity by the methods described in the district's equal employment opportunity plan. In carrying out this responsibility, the governing board, upon the recommendation of the chief executive officer, shall ensure that an equal employment opportunity officer is designated to oversee the day-to-day implementation of the requirements set forth in this subchapter. (b) The administrative structure created by any delegation of authority to the equal employment opportunity officer or others shall be described in the district's equal employment opportunity plan submitted pursuant to section 53003 and shall be designed in such a manner so as to ensure prompt and effective implementation of the requirements of this subchapter. The plan shall also designate a single officer, who may be the equal employment opportunity officer, who shall be given authority and responsibility for receiving complaints filed pursuant to section 53026, for ensuring that such complaints are promptly and impartially investigated, and ensuring that selection procedures and the applicant pool are properly monitored as required by sections 53023 and 53024. (c) Any organization or individual, whether or not an employee of the district, who acts on behalf of the governing board with regard to the recruitment and screening of personnel is an agent of the district and is subject to all of the requirements of this subchapter. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53021. Recruitment. (a) Except as otherwise provided in this section, community college districts shall actively recruit from both within and outside the district work force to attract qualified applicants for all new openings. This shall include outreach designed to ensure that all persons, including persons from monitored groups, are provided the opportunity to seek employment with the district. The requirement of open recruitment shall apply to all new full-time and part-time openings in all job categories and classifications, including, but not limited to, faculty, classified employees, categorically funded positions, the chief executive officer, and all other executive/administrative/managerial positions. Recruitment for full-time faculty and educational administrator positions shall be at least statewide and, at a minimum, shall include seeking qualified applicants listed in the California Community Colleges Equal Employment Opportunity Registry and posting job announcements with the Registry. Recruitment for part-time faculty positions may be conducted separately for each new opening or by annually establishing a pool of eligible candidates, but in either case full and open recruitment is required consistent with this section. (b)(1) "In-house or promotional only" recruitment shall not be used to fill any new opening for any position described in subdivision (a) except when the position is being filled on an interim basis for the minimum time necessary to allow for full and open recruitment; provided however, that no interim appointment or series of interim appointments exceed one year in duration. The Chancellor may approve an extension of up to one additional year if the district demonstrates "business necessity" as defined in section 53001(b). (2) If a district believes justification exists for use of the exception listed in subsection (b)(1), it shall so notify the Equal Employment Opportunity Advisory Committee established pursuant to section 53005 and the Chancellor at least ten (10) working days prior to offering the position to a candidate. (3) Where in-house or promotional only recruitment is permitted, the district shall comply with its established hiring procedures and all district employees shall be afforded the opportunity to apply and demonstrate that they are qualified. (4) The job announcement for the interim position shall comply with section 53022 and the selection process shall be consistent with the requirements of this subchapter. (c) For purposes of this section, a new opening is not created when: (1) there is a reorganization that does not result in a net increase in the number of employees; (2) one or more lateral transfers are made and there is no net increase in the number of employees; (3) a position which is currently occupied by an incumbent is upgraded, reclassified, or renamed without significantly altering the duties being performed by the individual; (4) the faculty in a division or department elect one faculty member to serve as a chairperson for a prescribed limited term; (5) the position is filled by a temporary, short-term, or substitute employee appointed pursuant to Education Code sections 87422, 87480, 87482.5(b), 88003, 88106 or 88109; (6) a part-time faculty member is assigned to teach the same or fewer hours he or she has previously taught in the same discipline without a substantial break in service. For purposes of this section, "a substantial break in service" means more than one calendar year or such different period as may be defined by a collective bargaining agreement; or (7) an individual not currently employed by the district, who is specially trained, experienced, and competent to serve as an administrator, and who satisfies the minimum qualifications applicable to the position, is engaged to serve as an administrator through a professional services contract. No appointment or series of appointments pursuant to this provision may exceed a period of one year. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53022. Job Announcements and Qualifications. Job announcements shall state clearly job specifications setting forth the knowledge, skills, and abilities necessary to job performance. For faculty and administrative positions, job requirements shall include a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students. Job specifications, including any "required," "desired" or "preferred" qualifications beyond the state minimum qualifications (set forth in subchapter 4, commencing with section 53400 of this chapter) which the district wishes to utilize, shall be reviewed before the position is announced, to ensure conformity with the requirements of this subchapter and state and federal nondiscrimination laws. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 973, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53023. Applicant Pool. (a) The application for employment shall afford each applicant an opportunity to voluntarily identify his or her gender, ethnic group identification and, if applicable, his or her disability. This information shall be kept confidential and shall be used only in research, validation, monitoring, evaluating the effectiveness of the district's equal employment opportunity program, or any other purpose specifically authorized in this subchapter, or by any applicable statute or regulation. (b) After the application deadline has passed, the composition of the initial applicant pool shall be analyzed to ensure that any failure to obtain projected representation for any monitored group is not due to discriminatory recruitment procedures. If necessary, the application deadline shall be extended and additional recruitment shall be conducted that eliminates discriminatory recruitment procedures and ensures that recruitment efforts provide a full and fair opportunity for participation to a wide diversity of potential applicants. When recruitment efforts have offered an opportunity for participation to a wide diversity of potential applicants or further recruitment efforts would be futile, applications shall be screened to determine which candidates satisfy job specifications set forth in the job announcement. (c) Before the selection process continues, the composition of the qualified applicant pool shall be analyzed to ensure that no monitored group is adversely impacted pursuant to section 53001(a). If adverse impact is found to exist, the chief executive officer or his or her designee shall take effective steps to address the adverse impact before the selection process continues. Such steps may include, but are not limited to: (1) extending the deadline and undertaking inclusive outreach efforts to ensure that members of the adversely impacted group have equal opportunity to seek employment with the district; (2) including all applicants who were screened out on the basis of any locally established qualifications beyond state minimum qualifications which have not been specifically demonstrated to be job-related and consistent with business necessity through a process meeting the requirements of federal law or which are not among those which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system. (d) If adverse impact persists after taking steps required under subdivision (c), the selection process may proceed only if: (1) the job announcement does not require qualifications beyond the statewide minimum qualifications; or (2) locally established qualifications beyond state minimum qualifications, if any, are demonstrated to be job-related and consistent with business necessity through a process meeting the requirements of federal law and suitable alternative selection procedures to reduce the adverse impact were unavailable; or (3) the particular qualification beyond statewide minimum qualifications which are used in the job announcement are among those which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system. (e) The district may not advertise or utilize in future hiring processes for the same position or a substantially similar position any locally established qualifications beyond state minimum qualifications that the district was unable to verify under subsection (b)(2) unless such qualifications are so verified in advance of commencing any such future hiring process. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code s 53024. Screening or Selection Procedures. (a) All screening or selection techniques, including the procedure for developing interview questions, and the selection process as a whole, shall be: (1) provided to the Chancellor upon request; (2) designed to ensure that for faculty and administrative positions, meaningful consideration is given to the extent to which applicants demonstrate a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students; (3) based solely on job-related criteria; and (4) designed to avoid an adverse impact, as defined in section 53001(a), and monitored by means consistent with this section to detect and address any adverse impact which does occur for any monitored group. (b) If monitoring pursuant to subsection (a)(4) reveals that any selection technique or procedure has adversely impacted any such group, the chief executive officer or his/her designee shall suspend the selection process and timely and effective steps shall be taken to remedy the problem before the selection process resumes. The equal employment opportunity officer, or other official charged with responsibility for monitoring selection procedures, may assist the screening committee by discussing the overall composition of the applicant pool and the screening criteria or procedures which have produced an adverse impact, provided that confidential information about individual candidates is not disclosed. If adverse impact results from locally established qualifications beyond state minimum qualifications that have not been verified as described in section 53023(c)(2) or replaced with suitable alternatives having a lesser adverse impact, the use of such qualifications shall be immediately discontinued and any applicant eliminated on the basis of that qualification shall be continued in the hiring process. Where necessary, the position may be re-opened at any time and a new selection process initiated in a way designed to avoid adverse impact. (c) A district may not designate or set aside particular positions to be filled by members of any group defined in terms of ethnic group identification, race, color, national origin, religion, age, gender, disability, ancestry or sexual orientation, or engage in any other practice which would result in discriminatory or preferential treatment prohibited by state or federal law. Nor may a district apply the district's equal employment opportunity plan in a rigid manner which has the purpose or effect of so discriminating. (d) Seniority or length of service may be taken into consideration only to the extent it is job related, is not the sole criterion, and is included in the job announcement consistent with the requirements of section 53022. (e) Selection testing for employees shall follow procedures as outlined in the Equal Employment Opportunity Commission's "Uniform Guidelines on Employee Selection Procedures." (f) Whenever possible, screening committees shall include a diverse membership which will bring a variety of perspectives to the assessment of applicant qualifications. (g) Notwithstanding any other provision of this division, the governing board or its designee shall have the authority to make all final hiring decisions based upon careful review of the candidate or candidates recommended by a screening committee. This includes the right to reject all candidates and to order further review by the screening committee or to reopen the position where necessary to further achievement of the objectives of the equal employment opportunity plan or to ensure equal employment opportunity. However, a consistent pattern of not hiring qualified candidates from a monitored group who are recommended by screening committees may give rise to an inference that the selections are not consistent with the objectives of equal employment opportunity that are required by this subchapter. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53025. Persons with Disabilities. (a) Districts shall ensure that applicants and employees with disabilities receive reasonable accommodations consistent with the requirements of Government Code sections 11135 et seq. and 12940(m), section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Such accommodations may include, but are not limited to, job site modifications, job restructuring, part-time work schedules, flexible scheduling, reassignment to a reasonably equivalent vacant position, adaptive equipment, and auxiliary aids such as readers, interpreters, and notetakers. Such accommodations may be paid for with funds provided pursuant to article 3 (commencing with section 53030) of this subchapter. (b) If a district established a goal for persons with disabilities prior to the effective date of this subsection and if significant underrepresentation still exists, it shall update that goal, set a new target date for achieving projected representation in the category or categories in question, and concurrently comply with subsections (a)(1), (a)(2) and (b) of section 53006 with respect to persons with disabilities. (c) Where persons with disabilities are found to be significantly underrepresented, measures required under subsections (a)(1) and (a)(2) of section 53006 shall be implemented concurrently with setting a goal with a target date for achieving projected representation for persons with a disability in each job category where the underrepresentation was found to exist. Goals shall remain in effect only until projected representation has been achieved for that group in the category or categories in question. Until the Chancellor's Office provides data regarding the availability of persons with disabilities by job category, an aggregate labor force availability rate shall be utilized for setting goals for hiring persons with disabilities with respect to the total district work force. The district may also concurrently take other additional steps which take disability into account, so long as such measures are discontinued when projected representation is achieved for persons with disabilities in the category or categories in question. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code; 29 U.S.C. 794, and 42 U.S.C. Sections 12101, et seq. s 53026. Complaints. Each community college district shall establish a process permitting any person to file a complaint alleging that the requirements of this subchapter have been violated. A copy of the complaint shall immediately be forwarded to the Chancellor who may require that the district provide a written investigative report within ninety (90) days. Complaints which also allege discrimination prohibited by Government Code sections 11135 et seq. shall be processed according to the procedures set forth in subchapter 5 (commencing with section 59300) of chapter 10 of this division. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53027. Applicability to Districts Operating on the Merit System. Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 3 (commencing with section 88060) of chapter 4 of part 51 of the Education Code which apply to districts operating a merit system for classified employees. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270, 87360 and 88060 et seq., Education Code; and Sections 11135-11139.5, Government Code. s 53028. Affirmative Action Commitment. Note: Authority cited: Sections 71020 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53029. Handicapped. Note: Authority cited: Sections 71020 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code; Section 11135, Government Code; 29 U.S.C. 705 and 706. s 53030. Equal Employment Opportunity Fund Allocation. Resources provided to the Board of Governors for the purpose of promoting equal employment opportunity in hiring and promotion within the system shall be placed in an Equal Employment Opportunity Fund and shall be allocated consistent with the following; (a) A portion of the fund, but not more than 25 percent, shall be set aside to provide technical assistance, service, monitoring, and compliance functions. (b) That portion of the funds not allocated pursuant to subsection (a) may be allocated to the districts in the following categories: (1) an amount proportional to the full-time equivalent students of each district to the total full-time equivalent students for all districts; (2) an equal dollar amount to each district; (3) an amount related to success in promoting equal employment opportunity. Multiple methods of measuring success shall be identified by the Chancellor working through the established Consultation Process. (c) funds provided pursuant to this section may be used for: (1) outreach and recruitment; (2) in-service training on equal employment opportunity; (3) accommodations for applicants and employees with disabilities pursuant to section 53025; and (4) other activities to promote equal employment opportunity. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53031. Success. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53032. Point Factors. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53033. Failure to Report. Any district failing to provide the data required under Section 53004 is not in compliance with this subchapter. Equal Employment Opportunity funds for any given fiscal year, other than those under section 53030(a), shall not be granted unless the district provides the data no later than March 31st of the preceding fiscal year or receives an extension of the deadline from the Chancellor. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53034. Required Report. Districts shall submit a report on the use of Equal Employment Opportunity funds to the Chancellor's Office no later than September 30th of the fiscal year following the use of the funds. Until such time as a data element to calculate the staffing rate of persons with disabilities has been integrated into the report required under section 53004, districts will report that rate by a separate survey conducted, as directed by the Chancellor's Office. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code. s 53040. Governing Board's Affirmative Action Employment Policy Statement. Note: Authority cited: Sections 71020, 71025, 71068, and 87105, Education Code. Reference: Section 87101, Education Code; Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980); 20 U.S.C. 793; 41 C.F.R. 60-741.1-.9, et seq. (1980); 38 U.S.C. 2012; 41 C.F.R. 60-250.1-.9, et seq. (1980). s 53041. Affirmative Action Responsibilities and Duties. Note: Authority cited: Sections 71020, 71025, 71068, and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53042. Affirmative Action Officer. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53043. Internal Dissemination. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53044. External Dissemination. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53045. Complaint Procedure. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code. s 53046. Work Force Analysis. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: 29 C.F.R. 1602.48 (1981). s 53049. Utilization Analysis. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980). s 53050. Corrective Action. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980). s 53051. Goals and Timetables. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. s 53052. Affirmative Action Advisory Committee. Note: Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Section 87100, Education Code. s 53060. Fund Allocation. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53061. Success. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53062. Point Factors. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53063. Failure to Report. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53064. Required Report. Note: Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code. s 53100. Prerequisites for Employment Under Education Code Section 87401. Note: Authority cited: Sections 71020, 71064, and 87401, Education Code. Reference: Sections 71020 and 87401, Education Code. s 53101. Processing of Fingerprint Cards. Note: Authority cited: Sections 71020, 71064, 87220 and 87401, Education Code. Reference: Sections 71020 and 87401, Education Code. s 53102. Cause for Dismissal. Note: Authority cited: Sections 71020, 71068 and 87401, Education Code. Reference: Sections 71020 and 87401, Education Code. s 53103. Report of Persons Employed. Note: Authority cited: Sections 71020, 71068 and 87401, Education Code. Reference: Sections 71020 and 87401, Education Code. s 53125. Transfer of Accumulated Sick Leave. This Section prescribes the manner in which the amount of accumulated sick leave is certified for transfer under Sections 87782, 87783, and 87785 of the Education Code. (a) As used in this Section, accumulated sick leave means a leave of absence for illness or injury that is earned under Education Code Section 87781 but is unused. (b) Transfer shall be certified as follows: (1) The person who accumulated the sick leave or the new employing agency requests the former employing agency to send the new employing agency a written statement of the employee's accumulated sick leave, (2) Upon receipt of the request, the former employing agency transmits to the new employing agency a statement of the person's accumulated sick leave certified to be true and correct by the officer or employee of the former employing agency who is charged with maintaining employee attendance records, (3) The new employing agency credits the person with the accumulated sick leave set forth in the certified statement. Any transfer of sick leave to the Chancellor's Office shall be subject to the limitations specified by Education Code Section 87785. Note: Authority cited: Sections 70901, 71024 and 87782, Education Code. Reference: Sections 87781, 87782, 87783 and 87785, Education Code. s 53130. Availability of Rules and Regulations for Evaluation of Performance. The governing board of a community college district shall adopt and cause to be printed and made available to each academic employee of the district reasonable rules and regulations providing for the evaluation of the performance of academic employees in their assigned duties. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 53200. Definitions. For the purpose of this Subchapter: (a) "Faculty" means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors. (b) "Academic senate," "faculty council," and "faculty senate" means an organization formed in accordance with the provisions of this Subchapter whose primary function, as the representative of the faculty, is to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this Subchapter, reference to the term "academic senate" also constitutes reference to "faculty council" or "faculty senate." (c) "Academic and professional matters" means the following policy development and implementation matters: (1) curriculum, including establishing prerequisites and placing courses within disciplines; (2) degree and certificate requirements; (3) grading policies; (4) educational program development; (5) standards or policies regarding student preparation and success; (6) district and college governance structures, as related to faculty roles; (7) faculty roles and involvement in accreditation processes, including self-study and annual reports; (8) policies for faculty professional development activities; (9) processes for program review; (10) processes for institutional planning and budget development; and (11) other academic and professional matters as are mutually agreed upon between the governing board and the academic senate. (d) "Consult collegially" means that the district governing board shall develop policies on academic and professional matters through either or both of the following methods, according to its own discretion: (1) relying primarily upon the advice and judgment of the academic senate; or (2) agreeing that the district governing board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53201. Academic Senate or Faculty Council. In order that the faculty may have a formal and effective procedure for participating in the formation and implementation of district policies on academic and professional matters, an academic senate may be established at the college and/or district level. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53202. Formation; Procedures; Membership. The following procedure shall be used to establish an academic senate: (a) The full-time faculty of a community college shall vote by secret ballot to form an academic senate. (b) In multi-college districts, the full-time faculty of the district colleges may vote on whether or not to form a district academic senate. Such vote shall be by secret ballot. (c) The governing board of a district shall recognize the academic senate and authorize the faculty to: (1) Fix and amend by vote of the full-time faculty the composition, structure, and procedures of the academic senate. (2) Provide for the selection, in accordance with accepted democratic election procedures, the members of the academic senate. (d) The full-time faculty may provide for the membership and participation of part-time faculty members in the academic senate. (e) In the absence of any full-time faculty members in a community college, the part-time faculty of such community college may form an academic senate. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53203. Powers. (a) The governing board of a community college district shall adopt policies for appropriate delegation of authority and responsibility to its college and/or district academic senate. Among other matters, said policies, at a minimum, shall provide that the governing board or its designees will consult collegially with the academic senate when adopting policies and procedures on academic and professional matters. This requirement to consult collegially shall not limit other rights and responsibilities of the academic senate which are specifically provided in statute or other Board of Governors regulations. (b) In adopting the policies and procedures described in Subsection (a), the governing board or its designees shall consult collegially with representatives of the academic senate. (c) While in the process of consulting collegially, the academic senate shall retain the right to meet with or to appear before the governing board with respect to the views, recommendations, or proposals of the senate. In addition, after consultation with the administration of the college and/or district, the academic senate may present its views and recommendations to the governing board. (d) The governing board of a district shall adopt procedures for responding to recommendations of the academic senate that incorporate the following: (1) in instances where the governing board elects to rely primarily upon the advice and judgment of the academic senate, the recommendations of the senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted. If a recommendation is not accepted, the governing board or its designee, upon request of the academic senate, shall promptly communicate its reasons in writing to the academic senate. (2) in instances where the governing board elects to provide for mutual agreement with the academic senate, and agreement has not been reached, existing policy shall remain in effect unless continuing with such policy exposes the district to legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or in cases where the exposure to legal liability or substantial fiscal hardship requires existing policy to be changed, the governing board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons. (e) An academic senate may assume such responsibilities and perform such functions as may be delegated to it by the governing board of the district pursuant to Subsection (a). (f) The appointment of faculty members to serve on college or district committees, task forces, or other groups dealing with academic and professional matters, shall be made, after consultation with the chief executive officer or his or her designee, by the academic senate. Notwithstanding this Subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53204. Scope of Regulations. Nothing in this Subchapter shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiated agreements between collective bargaining representatives and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining representatives as to how they will consult, collaborate, share, or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to these regulations. Note: Authority cited: Sections 66700 and 70901 Education Code. Reference: Sections 70901 and 70902, Education Code. s 53205. Duties Assigned by Administration and Governing Board. Note: Authority cited: Sections 66700, 71020, 71062 and 71079, Education Code. Reference: Sections 71079 and 72292, Education Code. s 53206. Academic Senate for California Community Colleges. (a) An Academic Senate for the California Community Colleges has been established through ratification by local academic senates or faculty councils so that the community college faculty of California may have a formal and effective procedure for participating in the formation of state policies on academic and professional matters. (b) The Board of Governors recognizes the Academic Senate of the California Community Colleges as the representative of community college academic senates or faculty councils before the Board of Governors and Chancellor's Office. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53207. Reimbursement for Release or Reassigned Time. (a) Except as provided in subdivisions (d) and (e), the faculty members elected to serve as president and vice president of the Academic Senate of the California Community Colleges (ASCCC) shall be granted release or reassigned time from their local responsibilities by the districts by which they are employed during their terms of office. (b) The amount of release or reassigned time required will be determined by the ASCCC and reported to the district employing the person elected ASCCC president by May 1st and to the district employing the person elected ASCC vice president by June 1st of the year in which these individuals will assume office, unless the election has not been conducted by those dates, in which case the information will be reported immediately upon completion of the election. (c) The districts employing the president and the vice president of the ASCCC will be reimbursed by February 1 from the state appropriation for the ASCCC for the release or reassigned time at the part-time replacement cost identified by the district prior to September of each year. If the release or reassigned time need identified is 100 percent and the position to be filled is in a hard to replace discipline area, the district shall so certify to the Chancellor of the California Community Colleges by August 1. If the Chancellor confirms the district certification, the district shall be reimbursed at the full-time temporary replacement cost. In addition, districts shall be reimbursed by the ASCCC for reasonable and documented administrative costs associated with hiring faculty to replace the faculty serving as president and vice president of the ASCCC. (d) A local district will not be required to grant release or reassigned time for the president or vice president of the ASCCC if it certifies by August 1 to the Chancellor, and he or she confirms, that the faculty member is in a position for which a qualified part-time or full-time temporary replacement cannot be found to meet the needs of the students. (e) No district shall be required to grant release or reassigned time for an individual serving as president or vice president of the ASCCC for a period exceeding four years. (f) This section shall only be operative during any fiscal year in which sufficient funds are provided therefore to the ASCCC in the annual Budget Act for that fiscal year or other legislation. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 53300. Scope. This Subchapter relates to and should be read in conjunction with the requirements of Section 51025 concerning the proportion of full-time and part-time faculty to be employed by community colleges. Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53301. Part-Time Faculty. The term "part-time faculty" includes any faculty member, as defined in Section 53402(c), who is not a regular employee or contract employee of the district pursuant to Sections 87601, 87605, 87608, 87608.5, or 87609 of the Education Code. Note: Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750, 87482.7, 87601, 87605, 87608, 87608.5 and 87609, Education Code. s 53302. Full-Time Faculty. For purposes of this Chapter the term "full-time faculty" means any faculty member, as defined in Section 53402(c), who is a regular or contract employee of the district pursuant to Sections 87601, 87605, 87608, 87608.5 or 87609 of the Education Code. Note: Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750, 87482.6, 87601, 87605, 87608, 87608.5 and 87609, Education Code. s 53308. Full-Time Faculty Percentage. For purposes of this Subchapter and Section 51025, a district's full-time faculty percentage is determined as follows: (a) Using the rules set forth in Section 53309, calculate the district's full-time equivalent faculty (FTEF) attributable to full-time faculty, as defined in Section 53302. (b) Determine the district's total FTEF by adding together: (1) FTEF attributable to full-time faculty, using the rules set forth in Section 53309; and (2) FTEF attributable to part-time faculty, calculated using the rules set forth in Section 53310. (c) To obtain the full-time faculty percentage, divide the figure from subdivision (a) (FTEF attributable to full-time faculty) by the figure from subdivision (b) (total FTEF). Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53309. Rules for Calculating Full-Time Equivalent Faculty (FTEF) Attributable to Full-Time Faculty. In calculating full-time equivalent faculty (FTEF) attributable to full-time faculty, the following rules shall be applicable: (a) With respect to instruction, FTEF shall be calculated based on the percentage of instructional hours per week considered a full-time assignment for regular instructional employees having comparable duties, excluding any noncredit instructional assignments. (b) With respect to non-instructional activities, FTEF shall be calculated based on the percentage of working hours per week considered a full-time assignment for regular non-instructional employees having comparable duties. (c) Regular Assignment. Include the regular assignment of full-time faculty as defined in Section 53302. (d) Overload. Exclude full-time faculty overload from the calculation of FTEF. (e) Sabbatical. Include full-time faculty sabbatical FTEF, whether paid or unpaid, and exclude the FTEF of replacement faculty, whether full-time or part-time, from the computation to determine the full-time faculty percentage pursuant to Section 53308. (f) Released/Reassigned Time. Include FTEF for full-time faculty who are released or reassigned. The FTEF of a full-time faculty member on released or reassigned time shall be counted as if the faculty member was teaching/working full-time and had not been provided released or reassigned time. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to Section 53308. (g) Unpaid Leave. Include unpaid leave FTEF for a faculty member on unpaid leave. The FTEF of a full-time faculty member on unpaid leave shall be counted as if the faculty member was teaching/working full-time and had not been provided with unpaid leave. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to Section 53308. (h) Teaching by Others. Include credit instruction FTEF taught by classified staff or administrators who are appropriately qualified to teach, under the following conditions: (1) Only the actual hours of teaching by such individuals shall be included in determining the FTEF; and (2) The hours of teaching by such individuals must be part of a regular contract, and not taught as an overload assignment. (i) Late Retirement. The FTEF of a faculty member who resigned or retired and who provided written notice thereof within 45 faculty duty days of the end of the previous Spring primary term and whose position has not been replaced by another full-time faculty member by the current Fall primary term, shall be included. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to Section 53308. Districts are required to fill the position(s) by the following Spring primary term unless designees for the district governing board and academic senate jointly agree that it is in the best interests of the district to delay the filling of the position. In such cases, replacement must be made by the following primary term or the Chancellor shall reduce the district's state apportionment revenues for the current year in accordance with the provisions of Section 51025. If the number of late retirees exceeds 15% of the district's total number of full-time faculty, and the district's governing board and academic senate jointly agree, a district may file a request with the Chancellor's Office for a one-year extension to fulfill its hiring obligation to replace those retirees. Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53310. Rules for Calculating Full-Time Equivalent Faculty (FTEF) Attributable to Part-Time Faculty. In calculating full-time equivalent faculty (FTEF) attributable to part-time faculty, the following rules shall be applicable: (a) With respect to instruction, FTEF shall be calculated based on the percentage of instructional hours per week considered a full-time assignment for regular instructional employees having comparable duties, excluding any noncredit instructional assignments. (b) With respect to non-instructional activities, FTEF shall be calculated based on the percentage of working hours per week considered a full-time assignment for regular non-instructional employees having comparable duties. (c) All instructional and noninstructional activities of part-time faculty shall be included, except the following: (1) FTEF attributable to part-time faculty who replace full-time faculty on sabbatical leave. (2) FTEF attributable to part-time faculty who replace full-time faculty on released or reassigned time. (3) FTEF of part-time faculty replacing full-time faculty on unpaid leave. (4) FTEF of part-time faculty replacing full-time faculty who resigned or retired late as defined in section 53309(i). Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53311. Base Data. For purposes of this Subchapter, "base data" means both the district's base full-time faculty percentage and its base full-time faculty obligation (the number of full-time faculty the district is required to maintain or the number of additional full-time faculty to be hired by the Fall term of the subsequent year.) The data necessary to calculate the base full-time faculty percentage shall be determined from the current year's Fall management information system staff data submission to the Chancellor's Office. Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53312. Additional Full-Time Faculty Positions. (a) The Chancellor shall compute the number of full-time faculty which each district is to secure in accordance with Sections 51025 and 53308, as the result of applying additional FTES growth and program improvement revenue allotments. (b) This computation shall be made by dividing the applicable portion of program improvement revenue (0 percent, 33 percent, or 40 percent of the program improvement allocation), by the statewide average "replacement cost" (a figure which represents the statewide average faculty salary plus benefits, minus the statewide hourly rate of compensation for part-time instructors times the statewide average full-time teaching load). (c) If the quotient determined in paragraph (b) is not a whole number, then the quotient shall be rounded down to the nearest whole number. If the quotient, once applied, will result in the district exceeding the 75 percent standard, the Chancellor shall further reduce the quotient to a whole number that will leave the district as close as possible to, but in excess of, the 75 percent standard. (d) The computation for the funded growth in full-time equivalent student workload obligation to secure additional full-time faculty shall, when required pursuant to the provisions of Section 51025(a)(1) and (e), be made by multiplying the percentage of funded credit FTES growth times the base number of full-time faculty that were to be in place by Fall of the current year. Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53314. Report to Districts. By the Spring term of each year, the Chancellor shall report to districts the estimated number of full-time faculty each district must secure by the following Fall term based upon the appropriation of revenues contained in that year's Budget Act and the Board of Governors' action pursuant to Section 51025(e). Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code. s 53320. Funding Reductions. Note: Authority cited: Sections 66700, 70901 and 87482.6, Education Code. Reference: Section 87482.6, Education Code. s 53400. Scope. This Subchapter implements and should be read in conjunction with the requirements of Education Code Sections 87001, 87002, 87003, 87356 and 87359 concerning minimum qualifications for community college faculty and administrators. The provisions of this subchapter are effective July 1, 1990. Note: Authority cited: Sections 66700, 70901, 87001, 87356 and 87359, Education Code. Reference: Sections 87001, 87002, 87003, 87356 and 87359, Education Code. s 53401. Applicability to Community Services and Contract Classes. Community service or contract classes which do not award college credit and are not supported by state apportionment are not subject to the provisions of this Subchapter. Contract classes which award college credit are subject to this Subchapter, even if they are not supported by state apportionment. Note: Authority cited: Sections 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 78020 through 78023 and 78300, Education Code. s 53402. Definitions. (a) "Administrator" means any person employed by the governing board of a district in a supervisory or management position as defined in Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code. (b) "Educational administrator" means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators. (c) "Faculty" or "faculty member" means those employees of a district who are employed in academic positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code and for which minimum qualifications for service are specified in Section 53410-53414 or other provisions of this division. Faculty include, but are not limited to, instructors, librarians, counselors, community college health service professionals, disabled student programs and services professionals, extended opportunity programs and services professionals, and individuals employed to perform a service that, before July 1, 1990, required nonsupervisorial, nonmanagement community college certification qualifications. Note: Authority cited: Sections 66700, 70901 and 87001, Education Code. Reference: Sections 87001, 87002 and 87003, Education Code. s 53403. Applicability of Amendments. Notwithstanding changes that may be made to the minimum qualifications established in this division, or to the implementing discipline lists adopted by the Board of Governors, the governing board of a community college district may continue to employ a person to teach in a discipline or render a service subject to minimum qualifications, if he or she, at the time of initial hire by the district, was qualified to teach in that discipline or render that service under the minimum qualifications or disciplines lists then in effect. Note: Authority cited: Sections 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53404. Definition of Experience. Where years of professional or occupational experience are referred to in this Subchapter, the requirement is for the stated number of years of full-time experience or the equivalent in part-time experience. Unpaid experience may be counted if it entailed responsibilities substantially similar to those of relevant paid positions in the field. Applicants bear the responsibility for verifying all experience by documentation satisfactory to the districts. As used in this Subchapter, "professional experience" includes teaching experience. "Occupational experience" does not include teaching experience. As used in this Section, "year" means that period of time which in that occupation is accepted by contract or general agreement as a regular work year for that occupation on a full-time basis. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53405. Certificated Employees. Whenever in this Division, reference is made to "certificated employees" or to employees in "positions with certification qualifications," where such references are to certificates or credentials issued by the Board of Governors, these references are deemed to also apply to persons employed by districts pursuant to minimum qualifications established pursuant to Subchapter 4 of this Division. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 53406. Requirement for Accredited Degrees and Units; Definition of Accredited Institution. All degrees and units used to satisfy minimum qualifications shall be from accredited institutions, unless otherwise specified in this Article. For purposes of this Subchapter, "accredited institution" shall mean a postsecondary institution accredited by an accreditation agency recognized by either the U.S. Department of Education or the Council on Postsecondary Accreditation. It shall not mean an institution "approved" by the California Department of Education or by the California Council for Private Postsecondary and Vocational Education. Determination of equivalency of foreign degrees shall be according to district rule. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53407. Disciplines Lists. (a) The Board of Governors hereby adopts and incorporates by reference into this provision the two lists published by the Chancellor's Office, entitled "Disciplines Requiring the Master's Degree" and "Disciplines in which the Master's Degree is not Generally Expected or Available," as adopted by the Board at its September 2005 meeting, for the following purposes: (1) to establish a working definition of the term "discipline" as used in section 53410; (2) to define which disciplines are "reasonably related" to one another, for purposes of section 53410; (3) to define disciplines in which the master's degree is not generally expected or available, as opposed to those for which the master's degree is required, for purposes of section 53410. (b) Revisions after September 2005 to the two lists referenced in subdivision (a) shall be considered incorporated by reference into this provision when they have been adopted by the Board. Note: Authority cited: Sections 70901, 87356 and 87357, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code. s 53410. Minimum Qualifications for Instructors of Credit Courses, Counselors, and Librarians. The minimum qualifications for service as a community college faculty member teaching any credit course, or as a counselor or librarian, shall be satisfied by meeting any one of the following requirements: (a) Possession of a master's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment. (b) Possession of a master's degree, or equivalent foreign degree, in a discipline reasonably related to the faculty member's assignment and possession of a bachelor's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment. (c) For faculty assigned to teach courses in disciplines where the master's degree is not generally expected or available, which are, generally, disciplines in specialized technical, trade, or industrial fields, either of the following: (1) Possession of a bachelor's degree, or equivalent foreign degree, plus two years of professional experience directly related to the faculty member's assignment; or (2) Possession of an associate degree, or equivalent foreign degree, plus six years of professional experience directly related to the faculty member's assignment. Note: Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003, and 87356, Education Code. s 53410.1. Professional License As Alternative Qualification. For disciplines specified in this section, a bachelor's degree in the discipline of the assignment plus a professional license or certification may be substituted for the minimum qualifications specified in section 53410. The license or certification so substituted must be valid in California. The following professional licenses and certifications are acceptable: Discipline License or Certification Accounting Certified Public Accountant Counseling Marriage and Family Therapist Engineering Professional Engineer Nutritional Science/Dietetics Registered Dietitian Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53411. Minimum Qualifications for Health Services Professionals. (a) The minimum qualifications for a health services professional with overall responsibility for developing and directing student health services shall be a valid, current California license as a registered nurse, and either of the following: (1) a master's degree in nursing and a California Public Health Nurse certificate; or (2) a bachelor's degree in nursing, a California Public Health Nurse certificate, and a master's degree in health education, sociology, psychology, counseling, health care administration, public health, or community health. (b) Other health services personnel shall not be subject to statewide minimum qualfications; however, all personnel shall possess appropriate valid, current licensure or certification to practice in California when required by law. Ancillary personnel shall work under appropriate supervision when required by their license laws. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003 and 87356, Education Code. s 53412. Minimum Qualifications for Instructors of Noncredit Courses. Except as provided elsewhere in this article, the minimum qualifications for service as a faculty member teaching a noncredit course shall be the same as the minimum qualifications for credit instruction in the appropriate discipline, or as follows: (a) For an interdisciplinary noncredit basic skills course, a bachelor's in any social science, humanities, mathematics, or natural science discipline or in liberal studies, as appropriate for the course. (b) For a noncredit basic skills course in mathematics, a bachelor's in mathematics. (c) For a noncredit basic skills course in reading and/or writing, either: a bachelor's degree in English, literature, comparative literature, composition, linguistics, speech, creative writing, or journalism; or a bachelor's degree in any discipline and twelve semester units of coursework in teaching reading. (d) For a noncredit course in citizenship, a bachelor's degree in any discipline, and six semester units in American history and institutions. (e) For a noncredit course in English as a second language (ESL), any one of the following: (1) A bachelor's degree in teaching English as a second language, or teaching English to speakers of other languages. (2) A bachelor's degree in education, English, linguistics, applied linguistics, any foreign language, composition, bilingual/bicultural studies, reading, or speech; and a certificate in teaching English as a second language, which may be completed concurrently during the first year of employment as a noncredit instructor. (3) A bachelor's degree with any of the majors specified in subparagraph (2) above; and one year of experience teaching ESL in an accredited institution; and a certificate in teaching English as a second language, which may be completed concurrently during the first two years of employment as a noncredit instructor. (4) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in ESL. (f) For a noncredit course in health and safety, a bachelor's degree in health science, health education, biology, nursing, dietetics, or nutrition; or an associate degree in any of those subjects, and four years of professional experience related to the subject of the course taught. (g) For a noncredit course in home economics, a bachelor's degree in home economics, life management, family and consumer studies, dietetics, food management, interior design, or clothing and textiles; or an associated degree in any of those subjects, and four years of professional experience related to the subject of the course taught. (h) For a noncredit course intended for older adults, either pattern (1) or pattern (2) following: (1) A bachelor's degree with a major related to the subject of the course taught; and either (A) or (B) below: (A) Thirty hours or two semester units of course work or class work in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This requirement may be completed concurrently during the first year of employment as a noncredit instructor. (B) One year of professional experience working with older adults. (2) An associate degree with a major related to the subject of the course taught; and two years of occupational experience related to the subject of the course taught; and sixty hours or four semester units of coursework or classwork in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This last requirement may be completed concurrently during the first year of employment as a noncredit instructor. (i) For a noncredit course in parent education, a bachelor's degree in child development, early childhood education, human development, family and consumer studies with a specialization in child development or early childhood education, educational psychology with a specialization in child development, elementary education, psychology, or family life studies; and two years of professional experience in early childhood programs or parenting education. (j) For a short-term noncredit vocational course, any one of the following: (1) A bachelor's degree; and two years of occupational experience related to the subject of the course taught. (2) An associate degree; and six years of occupational experience related to the subject of the course taught. (3) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in the subject matter. (4) For courses in an occupation for which the district offers or has offered apprenticeship instruction, the minimum qualifications for noncredit apprenticeship instructors in that occupation, as specified in Section 53413. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53413. Minimum Qualifications for Apprenticeship Instructors. (a) The minimum qualifications for service as a community college faculty member teaching credit apprenticeship courses shall be satisfied by meeting one of the following two requirements: (1) Possession of an associate degree, plus four years of occupational experience in the subject matter area to be taught; or (2) Six years of occupational experience, a journeyman's certificate in the subject matter area to be taught, and completion of at least eighteen (18) semester units of degree applicable college level course work, in addition to apprenticeship credits. (b) The minimum qualifications for service as a community college faculty member teaching noncredit apprenticeship courses shall be either of the following: (1) The minimum qualifications for credit apprenticeship instruction as set forth in this section, or (2) A high school diploma; and six years of occupational experience in the occupation to be taught, including at least two years at the journeyman level; and sixty clock hours or four semester units in materials, methods, and evaluation of instruction. This last requirement may be satisfied concurrently during the first year of employment as an apprenticeship instructor. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code. s 53414. Minimum Qualifications for Disabled Students Programs and Services Employees. (a) The minimum qualifications for service as a community college counselor of students with disabilities shall be satisfied by meeting one of the following requirements; (1) Possession of a master's degree, or equivalent foreign degree, in rehabilitation counseling, or (2) Possession of a master's degree, or equivalent foreign degree, in special education, and twenty four or more semester units in upper division or graduate level course work in counseling, guidance, student personnel, psychology, or social work; or (3) A master's degree in counseling, guidance, student personnel, psychology, career development, or social welfare; and either twelve or more semester units in upper division or graduate level course work specifically in counseling or rehabilitation of individuals with disabilities, or two years of full-time experience, or the equivalent, in one or more of the following; (A) Counseling or guidance for students with disabilities; or (B) Counseling and/or guidance in industry, government, public agencies, military or private social welfare organizations in which the responsibilities of the position were predominantly or exclusively for persons with disabilities. (b) The minimum requirements for service as a community college faculty member teaching a credit course in adapted physical education shall be the minimum qualifications for an instructor of credit physical education, and fifteen semester units of upper division or graduate study in adapted physical education. (c) The minimum requirements for service to work with students with speech and language disabilities shall be satisfied by meeting the following requirements: (1) Possession of a master's degree, or equivalent foreign degree, in speech pathology and audiology, or in communication disorders; and (2) Licensure or eligibility for licensure as a speech pathologist or audiologist by the Medical Board of California. (d) Except as provided in Subsections (a) through (c) above, the minimum requirements for service as a community college faculty member to provide credit specialized instruction for students with disabilities shall be satisfied by meeting the following requirements: (1) Possession of a master's degree, or equivalent foreign degree, in the category of disability, special education, education, psychology, educational psychology, or rehabilitation counseling; and (2) Fifteen semester units of upper division or graduate study in the area of disability, to include, but not be limited to: (A) Learning disabilities; (B) Developmental disabilities; (C) Deaf and hearing impaired; (D) Physical disabilities; or (E) Adapted computer technology. (e) The minimum qualifications for service as a faculty member to provide noncredit specialized instruction for students with disabilities shall be any one of the following: (1) The minimum qualifications for providing credit specialized instruction for students with disabilities as specified in this section. (2) A bachelor's degree with any of the following majors: education of students with specific or multiple disabilities; special education; psychology; physical education with an emphasis in adaptive physical education; communicative disorders; rehabilitation; computer-based education; other computer-related majors which include course work on adapted or assistive computer technology for students with disabilities; other majors related to providing specialized instruction or services to persons with disabilities. (3) An associate degree with one of the majors specified in subparagraph (2) above; and four years of experience providing specialized instruction or services to persons in the disability category or categories being served. (4) For noncredit vocational courses, an associate degree or certificate of training; and four years of occupational experience related to the subject of the course taught; and two years of experience providing specialized instruction or services to persons in the disability category being served. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code. s 53415. Minimum Qualifications for Learning Assistance or Learning Skills Coordinators or Instructors, and Tutoring Coordinators. The minimum qualifications for service as a learning assistance or learning skills coordinator or instructor, or tutoring coordinator, shall be either (a) or (b) below: (a) the minimum qualifications to teach any master's level discipline in which learning assistance or tutoring is provided at the college where the coordinator is employed; or (b) a master's degree in education, educational psychology, or instructional psychology, or other master's degree with emphasis in adult learning theory. Minimum qualifications do not apply to tutoring or learning assistance for which no apportionment is claimed. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code. s 53416. Minimum Qualifications for Work Experience Instructors or Coordinators. The minimum qualifications for an instructor or coordinator of general or occupational work experience education, as defined in Section 55252, shall be the minimum qualifications in any discipline in which work experience may be provided at the college where the instructor or coordinator is employed. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code. s 53417. Licensed or Certificated Occupations. In addition to other minimum qualifications specified in this article, the minimum qualifications for a faculty member teaching any credit or noncredit course shall include a current, valid certificate to work or a license to practice in California, whenever the instructor's possession of such a certificate or license is required for program or course approval, or when current occupational certification is essential for effective instruction, as determined through local hiring procedures. Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code. s 53420. Minimum Qualifications for Educational Administrators. The minimum qualifications for service as an educational administrator shall be both of the following: (a) Possession of a master's degree; and (b) One year of formal training, internship, or leadership experience reasonably related to the administrator's administrative assignment. Note: Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 87002 and 87356, Education Code. s 53430. Equivalencies. (a) No one may be hired to serve as a community college faculty or educational administrator unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in this Article or elsewhere in this Division. The criteria used by the governing board in making the determination shall be reflected in the governing board's action employing the individual. (b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty employed under the authority granted by this Section possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in this Division. (c) The process shall further require that the academic senate be provided with an opportunity to present its views to the governing board before the governing board makes a determination; and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Education Code Section 87358. (d) Until a joint agreement is reached and approved pursuant to Subdivision (b), the district shall be bound by the minimum qualifications set forth in this Subchapter. Note: Authority cited: Sections 66700, 70901 and 87359, Education Code. Reference: Section 87359, Education Code. s 53500. General Authority. The governing board of any community college district may establish a faculty internship program pursuant to the provisions of this Subchapter and Section 87487 of the Education Code. In accordance therewith, governing boards may employ, as faculty interns within the program, graduate students enrolled in the California State University, the University of California, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code or in vocational and technical fields where a master's degree is not generally expected or available, persons who are within one year of meeting the regular faculty minimum qualifications. Persons who meet the regular faculty minimum qualifications but who lack teaching experience may also be included in internship programs authorized by this Section to the extent authorized by the local governing board. A student employed as a faculty intern shall be employed as a temporary faculty member under Section 87482.5 of the Education Code, and shall meet the minimum qualifications specified in Section 53502. For purposes of this Subchapter, the term "faculty intern" does not include any person, no matter how designated, who only assists in a class taught by a regularly qualified faculty member, and who has no independent responsibility for instruction or supervision of students. Such a person may be termed an "intern," and may serve as a volunteer or receive a stipend according to policies established by the district. Note: Authority cited: Sections 70901 and 87487, Education Code. Reference: Section 87487, Education Code. s 53501. Purposes. The purposes of the faculty internship program shall include, but not be limited to, the following: (a) To enhance the recruitment of qualified persons pursuing the master's or doctoral degrees, or both, into faculty positions in community colleges in California, particularly for disciplines for which recruitment is difficult and for disciplines in which a shortage of qualified faculty is anticipated. In order to accomplish this purpose, the internship program shall serve to introduce graduate students, before they approach the end of their graduate studies, to the community college environment and student population. (b) To enhance the recruitment of qualified persons pursuing an associate degree into faculty positions in community colleges in California, particularly for disciplines for which current industry experience is important and disciplines for which recruitment is difficult and in which a shortage of faculty is anticipated. In order to accomplish this purposes, the internship program shall serve to introduce industry practitioners to the community college environment and student populations while encouraging them to complete their associate degrees. (c) To enhance community college efforts toward building a diverse faculty. In order to accomplish this purpose, the internship program shall place special emphasis on promoting inclusive efforts to locate and attract qualified graduate students who are members of monitored groups as defined in section 53001(i). Note: Authority cited: Sections 70901, 87105 and 87487, Education Code. Reference: Sections 87101 and 87487, Education Code. s 53502. Minimum Qualifications. A student employed as a faculty intern shall meet the following minimum qualifications: (a) For those disciplines in which a master's degree is required, faculty interns shall be enrolled in a master's or doctoral program at the University of California, the California State University, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code, and shall have completed at least one-half of the coursework, or the equivalent, in that graduate program. (b) For those disciplines for which a master's degree is not expected or required, the faculty intern shall possess any license or certificate required to do that work and (1) be within one year of completing the associate degree and have six years industry experience in the discipline, or (2) have completed the associate degree and have completed five years of industry experience in that discipline. (c) Faculty interns shall only be assigned to teach or to serve in a discipline in which they would be legally qualified to teach or render service upon completion of their graduate studies or associate degree and six years of industry experience in that discipline. A faculty intern shall be limited to two years of participation in the program. (d) Each faculty intern shall serve under the direct supervision of a mentor who is legally qualified to teach the course or render the service that the faculty intern is providing. The district governing board shall ensure that faculty mentors provide substantial direct in-class supervision and evaluation of interns' teaching capabilities. The mentor shall have no other assigned duties during the time that the faculty intern is teaching or rendering service. The mentor is responsible for providing direct monitoring and systematic contact with the faculty intern. Note: Authority cited: Sections 70901 and 87487, Education Code. Reference: Sections 70901 and 87487, Education Code. s 53530. Use of Bond Proceeds. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 53540. Territory of District Becoming Part of Two or More Districts; Disposition of Records. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 54000. Uniform Residency Requirements. The provisions of this chapter implement and should be read in conjunction with the Uniform Residency Requirements contained in part 41 (commencing with section 68000) of the Education Code. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Part 41 (commencing with Section 68000), Education Code. s 54001. Adoption of Rules and Regulations; Publication; Uniformity. The residence determination date and a summary of the rules and regulations adopted by the Board of Governors and district governing boards pursuant to chapter 1, part 41 of division 5 of the Education Code, commencing with section 68000, shall be published in the district catalogs and/or addenda thereto. The applicable Education Code provisions and the rules and regulations adopted by the Board of Governors and the district shall be made available to the students at each district. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 54002. Residence Determination Date. "Residence determination date" is that day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college. Note: Authority cited: Sections 66700, 68023, 68044, and 70901, Education Code. Reference: Section 68023, Education Code. s 54010. Residence Classification Procedures. (a) Residence classification shall be made for each student at the time applications for admission are accepted and whenever a student has not been in attendance for more than one semester or quarter. A student previously classified as a nonresident may be reclassified as of any residence determination date. (b) The student shall be required to present evidence of physical presence in California, intent to make California the home for other than a temporary purpose and, if the student was classified as a nonresident in the preceding term, financial independence. (c) Community college districts shall require applicants to supply information as specified in this subchapter and may require additional information as deemed necessary. (d) The district shall weigh the information provided by the student and determine whether the student has clearly established that he or she has been a resident of California for one year prior to the residence determination date. (e) Applicants shall certify their answers on residence questionnaires under oath or penalty of perjury. (f) Pursuant to section 54300, the district may authorize any information required by this section to be submitted electronically using electronic signatures in lieu of manual signatures as specified in section 54300. Note: Authority cited: Sections 66700, 68044, 70901 and 70901.1, Education Code. Reference: Sections 68044, 68062 and 70901.1, Education Code. s 54012. Residence Questionnaires. (a) Each community college district shall use a residence questionnaire in making residence classifications. (b) The residence questionnaire shall ask each student where the student has maintained his or her home for the last two years and whether the student has engaged in any activity listed in subsection (f) of section 54024. (c) The questionnaire shall ask each student under 19 years of age where the parent has lived for the last two years and whether the parent has engaged in any activity listed in subsection (f) of section 54024. (d) If the student, or the student's parent if the student is under age 19, has either maintained a home outside of California at any time during the last two years, or has engaged in any activity listed in subsection (f) of section 54024, the student shall be asked for additional evidence of intent to reside in California such as that identified in subsection (e) of section 54024. (e) The Chancellor shall provide a sample residence questionnaire which districts may use in complying with this requirement. Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68062, Education Code. s 54020. Residence. In order to establish a residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code. s 54022. Physical Presence. (a) A person capable of establishing residence in California must be physically present in California for one year prior to the residence determination date to be classified as a resident student. (b) A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent. (c) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68023, 68060, 68061 and 68062, Education Code. s 54024. Intent. (a) Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling. (b) A student who is 19 years of age or over, and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California the home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f). (c) A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his or her parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f). (d) A student who does not meet the requirements of subdivision (b) or subdivision (c) shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subdivision (e). (e) Objective manifestations of intent to establish California residence include but are not limited to: (1) Ownership of residential property or continuous occupancy of rented or leased property in California. (2) Registering to vote and voting in California. (3) Licensing from California for professional practice. (4) Active membership in service or social clubs. (5) Presence of spouse, children or other close relatives in the state. (6) Showing California as home address on federal income tax form. (7) Payment of California state income tax as a resident. (8) Possessing California motor vehicle license plates. (9) Possessing a California driver's license. (10) Maintaining permanent military address or home of record in California while in armed forces. (11) Establishing and maintaining active California bank accounts. (12) Being the petitioner for a divorce in California. (f) Conduct inconsistent with a claim of California residence includes but is not limited to: (1) Maintaining voter registration and voting in another state. (2) Being the petitioner for a divorce in another state. (3) Attending an out-of-state institution as a resident of that other state. (4) Declaring nonresidence for state income tax purposes. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code. s 54026. Burden. The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68041, Education Code. s 54028. One-Year Waiting Period. The one-year residence period which a student must meet to be classified as a resident does not begin to run until the student both is present in California and has manifested clear intent to become a California resident. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code. s 54030. Reestablished Residence. If a student or the parents of a minor student relinquish California residence after moving from the state, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to reestablish residence for tuition purposes, except as provided in Education Code section 68070. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code. s 54032. Financial Independence. (a) A student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined financially independent or dependent in accordance with Education Code section 68044. (b) A student who has established financial independence may be reclassified as a resident if the student has met the requirements of section 54020 for one year prior to the residence determination date. (c) In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding California residence. (d) Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student's continuing residence in another state. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68044, Education Code. s 54040. Self-Supporting Exception. Any student claiming application of the self-supporting exception pursuant to Education Code section 68071 shall provide evidence such as: documentation, including W-2 forms or a letter from the employer, showing earnings for the year immediately preceding the residence determination date of attendance, a statement that the student has actually been present in California for said year (short absences from the state for business or pleasure will not preclude the accumulation of time), and a statement showing all expenses of the student for said year. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68071, Education Code. s 54041. Military Dependent. A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to section 68074 of the Education Code shall provide a statement from the military person's commanding officer or personnel officer that the military person's duty station is in California on active duty as of the residence determination date; or that the military person is outside of California on active duty after having been transferred immediately and directly from a California duty station after the residence determination date; or that the military person has, after the residence determination date, retired as an active member of the armed forces of the United States. A statement that the student who qualifies for resident classification as a natural or adopted child or stepchild is a dependent of the military person for an exemption on federal taxes shall also be provided. Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68074, Education Code. s 54042. Member of Military. A student claiming application of section 68075 of the Education Code must provide a statement from the student's commanding officer or personnel officer that the assignment to active duty in this state is not for educational purposes. The student should also produce evidence of the date of assignment to California. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68075, Education Code. s 54045. Alien Students. (a) An alien not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) shall be eligible to establish residency pursuant to the provisions of this subchapter. (b) An alien is precluded from establishing domicile in the United States if the alien: (1) entered the United States illegally (undocumented aliens); (2) entered the United States under a visa which requires that the alien have a residence outside of the United States; or (3) entered the United States under a visa which permits entry solely for some temporary purpose. (c) An alien described in paragraph (b) shall not be classified as a resident unless and until he or she has taken appropriate steps to obtain a change of status from the Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections 54020-54024 related to physical presence and the intent to make California home for other than a temporary purpose. The Chancellor shall, after consultation with the University of California and the California State University, issue guidelines for the implementation of this section. (d) Notwithstanding any other provision of this subchapter, an alien who was classified as a California resident by any college in a district as of September 30, 1991, or during the Fall 1991 term, shall not be subject to reclassification unless the student has not been in attendance at any college in the district for more than one semester or quarter. Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Section 68062(h), Education Code; 8 U.S.C. 1101(a)(15); Toll v. Moreno, 458 U.S. 1 (1982); and Regents of the University of California v. Bradford, 225 Cal.App.3rd, 972, 276 Cal. Rptr. 197 (1990). s 54045.5. Nonresident Tuition Exemption. (a) In accordance with Education Code section 68130.5, any student, other than a student who is a nonimmigrant alien under 8 U.S.C. 1101(a)(15), shall be exempt from paying nonresident tuition at any community college district if he or she: (1) Attended high school in California for three or more years; (2) Graduated from a California high school or attained the equivalent of such graduation; and (3) Registers for or is enrolled in a course offered by any college in the district for any term commencing on or after January 1, 2002. (b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire form prescribed by the Chancellor and furnished by the district of enrollment, verifying eligibility for this nonresident tuition exemption, and may be required to provide documentation in addition to the information required by the questionnaire as necessary to verify eligibility for an exemption. All nonpublic student information so provided shall be confidential and shall not be disclosed unless required by law. (c) Any student without lawful immigration status who is seeking an exemption under subdivision (a), shall, in the questionnaire described in (b), affirm that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. (d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section. (e) Nothing herein modifies eligibility standards for any form of student financial aid, including but not limited to, those contained in Subchapter 7 of Chapter 9 of this Division. (f) Nothing herein authorizes a refund of nonresident tuition that was paid for any term commencing prior to January 1, 2002. Note: Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code. s 54046. Public School Employee Holding Valid Credential. A student claiming residence status pursuant to section 68078 of the Education Code shall provide a statement from the employer showing employment by a public school in a full-time position requiring certification qualifications for the college year in which the student enrolls. The student must also show that he or she holds a credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued by the Board of Governors and is enrolled in courses necessary to fulfill credential requirements. Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68078, Education Code. s 54047. Student Under Custody of Resident Adult. A student claiming residence under provisions of section 68073 of the Education Code shall provide evidence that the adult or adults with whom the student has resided has had California residence for 1 year immediately preceding the residence determination date, and further evidence that the student has resided with such adult or adults for a period of not fewer than 2 years. Note: Authority cited: Sections 66700, and 68044, Education Code. Reference: Sections 68044 and 68073, Education Code. s 54048. Agricultural Employment. A student claiming residence shall provide either (a) or (b): (a) Evidence that the student's parent with whom the student is living earns a livelihood primarily by performing agricultural labor for hire in California and other states and has performed such labor in California for at least two months in each of the preceding two years, and that the parent lives within the district. If the parent of such student had sufficient income to incur personal income tax liability for federal and/or state purposes, proof that the student was claimed as a dependent on federal or state personal income tax returns shall also be required. (b) Evidence showing the student himself or herself earns a livelihood primarily by performing agricultural labor for hire in California and other states and that such labor has been performed in California for at least two months in each of the preceding two years. As used in this section agricultural labor for hire means seasonal employment in connection with actual production of agricultural crops, including seeding, thinning and harvesting. Note: Authority cited: Sections 66700, 68044, 68040 and 68100, Education Code. Reference: Sections 68044, 68100 and 78034, Education Code. s 54050. Military Exceptions. Those exceptions from payment of nonresident tuition provided by Education Code sections 68074 (military dependents) and 68075 (military members) apply for so long as the student qualifies under the terms of either section 68074 or section 68075. Resident classification for purposes of determining the amount of tuition and fees includes eligibility for Board of Governors fee waivers. Note: Authority cited: Sections 66700 and 68044, Education Code. Reference: Sections 68044, 68074 and 68075, Education Code. s 54060. Appeal Procedure. (a) A community college district shall notify each student of the student's residence classification not later than fourteen (14) calendar days after the beginning of the session for which the student has applied, or fourteen (14) calendar days after the student's application for admission, whichever is later. (b) Any student, following a decision on residence classification by the college, may make written appeal of that decision. Each community college district shall establish procedures for appeals of residence classifications. (c) The Chancellor will advise community college districts on issues in residence classification. However, the student shall have no right of appeal to the Chancellor or Board of Governors. Note: Authority cited: Sections 66700 and 68044, Education Code. Reference: Sections 68040, 68044 and 78034, Education Code. s 54070. Refunds. The governing board of each community college district shall adopt rules providing for refund of the following nonresident tuition fees: (a) Those collected in error. (b) Those refundable as a result of a reduction of the educational program at the community college for which the fees have been paid. (c) Those refundable as a result of the student's reduction of units or the student's withdrawal from an education program at the community college for which fees have been paid, where reduction or withdrawal is for reasons deemed sufficient by the governing board. Note: Authority cited: Sections 66700, 68044 and 68051, Education Code. Reference: Sections 68044 and 68051, Education Code. s 54072. Waiver. The community college district may waive nonresident tuition fees which were not collected in a previous session where: (a) The fees were not collected as a result of the district's error and not through the fault of the student, and (b) To collect the fees would cause the student undue hardship. No state funds may be collected for the attendance of a student for whom fees were waived pursuant to this section. Note: Authority cited: Sections 66700, 68044 and 68051, Education Code. Reference: Section 68044, Education Code. s 54100. Parking for Students with Disabilities. (a) Each community college district which provides parking shall, consistent with the requirements of this section and Education Code section 67301, provide parking at each of its colleges or centers to students with disabilities and those providing transportation for such students. (b) For purposes of this section, "students with disabilities" are those who have enrolled at the college and: (1) qualify as disabled persons or disabled veterans pursuant to section 22511.5 of the Vehicle Code; or (2) are entitled to special parking provided through Disabled Student Programs and Services pursuant to subchapter 1 (commencing with section 56000) of chapter 7 of this division. (c) Students with disabilities using parking provided under this section may be required to display a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to section 22511.5 of the Vehicle Code or a special sticker issued by the college authorizing parking in spaces designated for persons with disabilities. (d) Students with disabilities may be required to pay parking permit fees imposed pursuant to Education Code section 76360. Students with disabilities shall not be required to pay any other charge, or be subjected to any time limitation or other restriction not specified herein, when parking in any of the following areas: (1) any restricted zone described in subdivision (a) of section 21458 of the Vehicle Code; (2) any street upon which preferential parking privileges and height limits have been given pursuant to section 22507 of the Vehicle Code; (3) any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance; (4) any metered zone; or (5) any space in any lot or area otherwise designated for use by faculty, staff, administrators, or visitors. (e) Parking specifically designated for persons with disabilities pursuant to Section 7102 of Title 24 of the California Code of Regulations shall be available to students with disabilities, and those providing transportation to such persons, in those parking areas which are most accessible to facilities which the district finds are most used by students. (f) Each community college district shall post in conspicuous places notice that parking is available to students with disabilities and those providing transportation for such students. (g) When parking provided pursuant to this section is located in an area where access is controlled by a mechanical gate, the district shall ensure that accommodations are made for students with disabilities who are unable to operate the gate controls. Accommodations may be provided by an attendant assigned to assist in operation of the gate or by any other effective means deemed appropriate by the district. (h) Revenue from parking fees collected pursuant to Education Code section 76360 may be used to offset the costs of implementing this section. Note: Authority cited: Sections 66700, 67301 and 70901, Education Code. Reference: Sections 67301 and 76360, Education Code; and Sections 21458, 22507 and 22511.5, Vehicle Code. Note: Authority cited: Sections 71020, 72246.5, Education Code. Reference: Section 72246.5, Education Code. Note: Authority cited: Sections 66700, 71020, 76300, 78405, 84500.1, and 84530, Education Code. Reference: Sections 8512, 76300, 78203, 78412, 84500, 84500.1, 84500.5, and 84530, Education Code. s 54200. Certain Students' Residences More than 60 Miles from Nearest Attendance Center. (a) Any student under 21 years of age, and any student under 25 years of age who has been honorably discharged or is otherwise returning from active or inactive military service within the armed forces of the United States, who resides in this state and more than 60 miles from the nearest community college measured by the usual vehicular route between the student's home and the college, may request to attend credit courses at any community college in the state, whether or not the student's residence is in a district maintaining a community college. The governing board of the district maintaining the community college designated by the student shall admit the student provided all requirements for admission are met. (b) The provisions of this section shall not apply to any student residing in a district maintaining a community college if that district maintains adequate dormitories or housing facilities or provides adequate transportation for the student between the student's home and community college attendance center. (c) If the student resides within territory not included within any district and resides more than 60 miles from the nearest community college, measured by the usual vehicular route between the student's home and the attendance center, there shall be paid to the parents or other persons having charge or control of the student and directly to adult students and married minors, by the district in which the student attends, a maintenance allowance not to exceed four dollars ($4) per calendar day, including weekends and school holidays, for the portion of a semester, quarter, or other session or term in which the student is enrolled and attends credit classes full time in a community college under this section. The Chancellor may annually increase this amount by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Districts shall receive reimbursement from the Chancellor's Office for allowances paid to students from nondistrict territory for the prior fiscal year not to exceed the maximum amount as provided by law. (d) Notwithstanding any provisions to the contrary, a student is eligible for the maintenance allowance authorized by this section for the period of time that the student is enrolled and attends credit courses full time at a single community college district or combines credit classes taken at no more than two community college districts to constitute full time enrollment in credit classes. (e) If a student combines enrollment at two districts to satisfy the full time enrollment and attendance requirement of this section, the claim for reimbursement and payment to the student as noted in (c) shall be made by the district where the student is enrolled for the higher number of credit units. If the student is enrolled for an equal number of credit units at each district, the claim for reimbursement and payment to the student shall be made by the district that is located closer to the student's home address. The district that submits the claim for reimbursement and makes payment to the student is responsible for verifying all the claimed credit units that serve as the basis for payment. (f) Credit classes offered through distance education that meet the requirements of sections 55205 et seq. may be included in establishing full time enrollment so long as a portion of the credit units taken at each community college district to satisfy the requirements of this section are not taken through distance education. (g) No later than 60 days after the close of each fiscal year the Chancellor shall determine the daily allowance rate for the prior fiscal year. If claims made by districts exceed total funds appropriated in any fiscal year for this purpose, the Chancellor shall prorate the allowances made under this section. No later than 90 days after the close of each fiscal year, the community college districts shall pay eligible students, as verified by the appropriate county superintendent of schools, at the rate prescribed by the Chancellor. (h) The Chancellor shall prescribe procedures for the submission of claims by districts. (i) For the purpose of this section, a person shall be deemed to be honorably discharged from the armed forces (a) if he or she was honorable discharged from the armed forces of the United States or (b) if he or she was inducted into the armed forces of the United States under the "Military Selective Service Act," and (1) satisfactorily completes his or her period of training and service under that Act and is issued a certificate to that effect pursuant to that Act, or (2) having served honorably on active duty was transferred to a reserve component of the armed forces of the United States pursuant to that Act, or (3) was otherwise released pursuant to that Act under honorable conditions. (j) For the purposes of this section, the term "armed forces of the United States" shall include all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretaries of the Army, Navy and Air Force, and all components of the Coast Guard. (k) Students residing in nondistrict territory that has been annexed to a community college district and residing more than 60 miles from the nearest community college shall be provided a maintenance allowance as prescribed by this section for up to four years from the date of annexation. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 54220. Student Equity Plans. (a) In order to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan which includes for each college in the district: (1) Campus-based research as to the extent of student equity in the five areas described in paragraph (2) and the determination of what activities are most likely to be effective; (2) Goals for access, retention, degree and certificate completion, ESL and basic skills completion, and transfer; for the overall student population and for each population group of students, as appropriate. Where significant underrepresentation is found to exist in accordance with standards adopted by the Board of Governors, the plan shall include race-neutral and/or gender-neutral measures for addressing disparities in those areas, and, when legally appropriate, goals for addressing a disparity in representation of students with disabilities, and where required by federal law, race-conscious and/or gender-conscious measures for addressing a race or gender disparity; (3) Implementation activities designed to attain the goals, including a means of coordinating existing student equity related programs; (4) Sources of funds for the activities in the plan; (5) Schedule and process for evaluation; and (6) An executive summary that includes, at a minimum, the groups for whom goals have been set, the goals, the initiatives that the college or district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the district official to contact for further information. (b) These plans should be developed with the active involvement of all groups on campus as required by law, and with the involvement of appropriate people from the community. (c) The Board-adopted plan shall be submitted to the Office of the Chancellor, which shall publish all executive summaries, sending copies to every college and district, the chair of each consultation group that so requests, and such additional individuals and organizations as deemed appropriate. (d) For the purposes of this section, "each population group of students" means American Indians or Alaskan natives, Asians or Pacific Islanders, Blacks, Hispanics, Whites, men, women, and persons with disabilities. A person shall be included in the group with which he or she identifies as his or her group. Note: Authority cited: Section 70901, Education Code. Reference: Sections 66010.2, 66010.7, 66030 and 70901, Education Code. s 54300. Electronic Applications and Electronic Signatures. (a) Community college districts may authorize the electronic submission of any admission form or student form or document. (b) Electronic signatures in lieu of manual signatures may be used on any documents requiring a signature, providing the electronic signature meets the standards for electronic signatures in electronic student loan transactions adopted by the U.S. Department of Education to implement the Electronic Signatures in Global and National Commerce Act (15 U.S.C. ss 7001 et seq.). (c) Applications for admission and residency questionnaires submitted electronically are valid only if they include electronic signatures that satisfy the requirements of subdivision (b). (d) Prior to the electronic submission of any information, districts will inform applicants and students of the relative security of the information they submit electronically. Note: Authority cited: Sections 66700, 70901 and 70901.1, Education Code. Reference: Section 70901.1, Education Code; and 15 USC Sections 7001, et seq. s 54400. Student Credit Card Solicitations. By December 31, 2003, the governing board of each community college district shall adopt policies regulating the solicitation practices used on campuses by credit card companies marketing "student credit cards" as defined in Civil Code section 1747.02(m). Note: Authority cited: Section 99030, Education Code. Reference: Section 99030, Education Code; and Section 1747.02(m), Civil Code. s 54600. Purpose. (a) This subchapter is adopted pursuant to and for implementation of chapter 1.5 (commencing with section 76200), part 47 of division 7 of the Education Code regarding student records. The provisions of this subchapter should be read and interpreted in conjunction with the provisions of chapter 1.5. (b) Any conflicts between the provisions of this subchapter and federal law shall be interpreted to ensure the continuance of federal education funds to community college districts. Where federal law permits the disclosure of information concerning students, each community college district may determine whether to provide for such disclosure in that district. Note: Authority cited: Sections 76220, 76225 and 76246, Education Code. Reference: Chapter 1.5 (commencing with Section 76200), Part 47, Division 7, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99. s 54602. Construction. s 54604. Policy. Community college districts may establish and maintain only such information on students relevant to admission, registration, academic history, career, student benefits or services, extracurricular activities, counseling and guidance, discipline or matters relating to student conduct, and shall establish and maintain such information required by law. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76210, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99. s 54606. Definitions. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76210, Education Code; 20 USC 1232(g); and 45 CFR 99.3. s 54608. Retention and Destruction of Student Records. The retention and destruction of student records, where not otherwise specifically provided for in this subchapter, shall be in accordance with subchapter 2.5 (commencing with section 59020) of chapter 10. Note: Authority cited: Sections 70901, 76220 and 76246, Education Code. Reference: Section 72603, Education Code; 20 USC Section 1232(g); and 45 CFR Section 99.3. s 54610. Student Access. Community college districts shall provide access to student records pursuant to Education Code sections 76210(c) and 76230, provided that if any material or document in the student record includes information on more than one student, the rights provided in section 76230 shall only extend to such information as pertains to the student. Each student shall be permitted to select the means of access to his or her own student records. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76230, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99. s 54612. Waiver. A student may waive his or her right of access to student records concerning recommendations as provided in Education Code section 76231. Such waivers shall be in writing and signed by the student. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76231, Education Code; 20 USC Section 1232(g); and 45 CFR Section 99.12. s 54614. Confidential Maintenance of Records. s 54616. Consent. A community college district may, when the student has provided consent, permit access to the student's records pursuant to Education Code section 76242. Such consent must be signed and dated by the student. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76230 and 76242, Education Code; 20 USC Section 1232(g); and 45 CFR Sections 99.30-99.40. s 54618. Mandatory Access. s 54620. Court Orders. s 54622. Access. s 54624. Access to Statistical Data. s 54626. Directory Information. (a) Community college districts shall adopt a policy identifying any of the categories of directory information which may be released under Education Code section 76210 or allowed under federal law at 34 C.F.R. section 99.3. (b) Directory information, as established by the local governing board, may be released provided that public notice is given at least annually in accordance with Education Code section 76240. Such notice shall also specify the period of time within which the student must inform the district in writing that such personally identifiable information is not to be designated as directory information with respect to that student. (c) Any district may, in its discretion, limit or deny the release of specific categories of directory information based upon a determination of the best interests of students. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76240 and 76242, Education Code; 20 USC Section 1232(g); and 45 CFR Part 99. s 54628. Record of Access. s 54630. Challenging Content of Records. Any student may challenge the content of his or her student records pursuant to Education Code section 76232. The decision of the chief administrative officer and governing board must be in writing. Note: Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76232, Education Code; 20 USC Section 1232(g); and 45 CFR Sections 99.20-99.22. s 54632. Disciplinary Action. s 54640. Transfer of Records. s 54642. Procedure for Transfer. s 54650. Annual Notice. s 54660. Fees. s 54662. District Regulations. s 54700. Separate Funds and Accounting Procedures. All student fees collected for the student health services program shall be deposited in a special fund established for that purpose by the district. All monies in this fund shall be expended only for the purposes for which they were collected. The recording of income and expenditures shall be in accordance with the uniform system of accounting as prescribed by the California Community Colleges "Budget and Accounting Manual." Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 76355, Education Code. s 54702. Proper Use of Funds. The health supervision and services fee which the governing board of a district may require students to pay shall be expended only to cover the direct and indirect costs necessary to provide any, all of, or a portion of the student health programs and services approved by the governing board for offering within the district, which may include the following: (a) Clinical Care Services (1) assessment, intervention, and referral for health services (2) first aid and basic emergency care (3) health appraisal (4) communicable disease control (b) Mental Health Services (1) crisis management (2) short-term psychological counseling (3) alcohol/drug counseling (4) eating disorders counseling (5) stress management (6) suicide prevention (7) sexual harassment/assault recovery counseling program (8) mental health assessment (c) Support Services A variety of services supporting the clinical and mental health efforts including, but not limited to: maintenance of health records in a confidential and ethical manner, laboratory, radiology, and/or pharmacy services. (d) Special Services (1) health education and promotion (2) teaching and research (3) student insurance programs (4) environmental health and safety, including illness and injury prevention programs. The local district governing board establishing a health supervision and services fee shall decide what scope and level of services will be provided. The board policy will be available to all students. When the burden of supporting a student health program is shared by all students through a general fee, the programs and services for which the funds are expended must be sufficiently broad to meet health care needs of the general student body. Those programs and services directed at meeting the health care needs of a select few to the exclusion of the general student body shall not be supported through student health fees. Nothing within these provisions shall prevent an exclusive service to a select group of students or service to the college faculty or staff; however, these services must be supported from sources other than the student fee. Note: Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code. s 54704. Allowable Charges. Those identifiable expenses incurred which directly benefit the student health service program, as defined in Section 54708, are allowable charges to the student health fund for the health services authorized by the district governing board pursuant to Section 54702. Where the expense is not exclusively for the student health program, only the prorated portion applicable to the student health service program may be charged against this fund. Note: Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code. s 54706. Expenses Not Funded. Student health fees shall not be expended for the following expenses: (a) Salaries of personnel not directly involved in the delivery of student health services; (b) Administrative salaries (assistant dean level or its equivalent and above); (c) Athletic trainers' salaries; (d) Athletic insurance for the intercollegiate athletic team; (e) Medical supplies for athletics; (f) Physical examinations for intercollegiate athletics; (g) Ambulance services and salaries of health professionals for athletic events; (h) Any deductible expenses for accident claims filed for athletic team members; (i) Sabbatical expenses for health service personnel. Nothing within these provisions should deny a student participating in athletic programs a service which is properly supported by student health fees. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 76355, Education Code. s 54708. Fundable Expenses. Student health fees may be expended for the following costs related to the provision of health services authorized by the governing board pursuant to Section 54702: (a) Costs incurred in the planning, supervision, and evaluation of student health programs and services; (b) Administrative salaries (below the level of assistant dean or its equivalent); (c) Cost of instructional materials for health education; (d) Consultants directly involved in student health service programs; (e) Rental and lease of space for the conduct of student health programs and services; (f) Cost of equipment and medical supplies; (g) Salaries of student health personnel directly involved in the delivery of student health services (including fringe benefits); (h) Student health and/or hospitalization insurance; (i) Travel with student health services funds is limited to student health personnel and only for student health related activities. Note: Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code. s 54710. Emergency information. For the protection of a student's health and welfare the governing board of a community college district may require the parent or legal guardian of a minor to keep current at the minor's school of attendance, emergency information including the home address and telephone number, business address, and telephone number of the parents or guardian, and the name, address, and telephone number of a relative or friend who is authorized to care for the student in any emergency situation if the parent or legal guardian cannot be reached. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 54801. Calling of Election. The governing body of each student body association authorized by Education Code section 76060 shall establish procedures for elections conducted for the purpose of collecting a student representation fee, and call an election for such purpose. The election shall, at a minimum, meet the following criteria: (a) The student body association on each campus shall maintain in its office written information regarding election procedures. Such information shall be made available to the public upon request. (b) Adequate notice of the election shall be given by the student body association. Adequate notice is deemed to be at least ten school days prior to the election date. (c) Each election shall be held on a day which counts toward the 175 day requirement as defined in section 58120 of this part. In instances where an election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days. Note: Authority cited: Section 66700, 70901, and 76060.5, Education Code. Reference: Sections 76060 and 76060.5, Education Code. s 54803. Termination of Fee. (a) Any student representation fee that has been instituted pursuant to the procedures enumerated in section 54801 may be terminated by a majority of the students voting in an election called in one of the following two manners: (1) By placing the issue on the ballot for the next regular associated student body election. The issue shall be placed on the ballot upon receipt of a petition indicating an interest in the termination of the representation fee signed by a majority of the number of students who voted in the election establishing the fee. (2) Pursuant to procedures pre-established by the student body association for calling such an election. Such procedures shall be available for public inspection during regular business hours. (b) The elections shall be conducted in accordance with the procedures established pursuant to section 54801. Note: Authority cited: Section 66700, 70901 and 76060.5, Education Code. Reference: Sections 76060 and 76060.5, Education Code. s 54805. Collection of the Fee. District governing boards shall include in the materials given to each student at registration, information pertaining to the representation fee. The form used by a college for the purpose of collecting the fee shall contain, at a minimum, the following: (a) a statement indicating that the money collected pursuant to this article shall be expended to provide support for students or representatives who may be stating their positions and viewpoints before city, county, and district government, and before offices and agencies of the state and federal government; (b) the amount of the fee; (c) a statement informing the students of their right to refuse to pay the fee for religious, political, moral or financial reasons. Note: Authority cited: Sections 66700, 70901 and 76060.5, Education Code. References: Sections 76060 and 76060.5, Education Code. s 54912. Residence Questionnaires. Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68062, Education Code. s 55000. Definitions. For the purpose of this chapter, the following definitions shall apply: (a) "Course" means an organized pattern of instruction on a specified subject offered by a community college. (b) "Educational program" is an organized sequence of courses leading to a defined objective, a degree, a certificate, a diploma, a license, or transfer to another institution of higher education. (c) "Class" means a community services offering. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55000.5. Handbook; Monitoring and Review of Approved Courses and Programs. (a) The Chancellor shall prepare, distribute, and maintain a detailed handbook for use by the local educational agencies. The handbook shall contain course approval criteria, implementation plans for administrative regulations, and procedures for securing course and program approvals. (b) The Chancellor shall monitor and review courses and programs which were approved under the provisions of section 70901 of the Education Code for compliance with applicable statutes and regulations on a periodic basis. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55001. Community College Educational Program. Note: Authority cited: Sections 66700, 70901, and 78401, Education Code. Reference: Sections 66701, 70901, 70902, 78300, and 78401, Education Code. s 55002. Standards and Criteria for Courses and Classes. (a) Associate Degree Credit Course. An associate degree credit course is a course which has been designated as appropriate to the associate degree in accordance with the requirements of section 55805.5, and which has been recommended by the college and/or district curriculum committee and approved by the district governing board as a collegiate course meeting the needs of the students eligible for admission. (1) Curriculum Committee. The college and/or district curriculum committee recommending the course shall be established by the mutual agreement of the college and/or district administration and the academic senate. The committee shall be either a committee of the academic senate or a committee that includes faculty and is otherwise comprised in a way that is mutually agreeable to the college and/or district administration and the academic senate. (2) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course for associate degree credit if it meets the following standards: (A) Grading Policy. The course provides for measurement of student performance in terms of the stated course objectives and culminates in a formal, permanently recorded grade based upon uniform standards in accordance with section 55758. The grade is based on demonstrated proficiency in subject matter and the ability to demonstrate that proficiency, at least in part, by means of essays, or, in courses where the curriculum committee deems them to be appropriate, by problem solving exercises or skills demonstrations by students. (B) Units. The course grants units of credit based upon a relationship specified by the governing board between the number of units assigned to the course and the number of lecture and/or laboratory hours or performance criteria specified in the course outline. The course also requires a minimum of three hours of work per week, including class time for each unit of credit, prorated for short-term, laboratory and activity courses. (C) Intensity. The course treats subject matter with a scope and intensity that requires students to study independently outside of class time. (D) Prerequisites and Corequisites. When the college and/or district curriculum committee determines, based on a review of the course outline of record, that a student would be highly unlikely to receive a satisfactory grade unless the student has knowledge or skills not taught in the course, then the course shall require prerequisites or corequisites that are established, reviewed, and applied in accordance with the requirements of article 2.5 (commencing with section 55200) of this subchapter. (E) Basic Skills Requirements. If success in the course is dependent upon communication or computation skills, then the course shall require, consistent with the provisions of article 2.5 (commencing with section 55200) of this subchapter, as prerequisites or corequisites eligibility for enrollment in associate degree credit courses in English and/or mathematics, respectively. (F) Difficulty. The course work calls for critical thinking and the understanding and application of concepts determined by the curriculum committee to be at college level. (G) Level. The course requires learning skills and a vocabulary that the curriculum committee deems appropriate for a college course. (3) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the unit value, scope, objectives, and content in terms of a specific body of knowledge. The course outline shall also specify types or provide examples of required reading and writing assignments, other outside-of-class assignments, instructional methodology, and methods of evaluation for determining whether the stated objectives have been met by students. (4) Conduct of Course. Each section of the course is to be taught by a qualified instructor in accordance with a set of objectives and with other specifications defined in the course outline of record. (5) Repetition. Repeated enrollment is allowed only in accordance with provisions of sections 51002, 55761-55763 and 58161. (b) Nondegree Credit Course. A credit course designated by the governing board as not applicable to the associate degree is a course which, at a minimum, is recommended by the college and/or district curriculum committee (the committee described and established under subdivision (a)(1) of this section) and is approved by the district governing board and falls within one of the following categories. (1) Types of Courses. Nondegree applicable credit courses are: (A) precollegiate basic skills courses as defined in section 55502(d); (B) courses designed to enable students to succeed in college-level work (including, but not limited to, college orientation and guidance courses, and discipline-specific preparatory courses such as biology, history, or electronics) that integrate basic skills instruction throughout and assign grades partly upon the demonstrated mastery of those skills; (C) precollegiate occupational preparation courses designed to provide foundation skills for students preparing for entry into college-level occupational courses or programs; (D) essential occupational instruction for which meeting the standards of section 55002(a) is neither necessary nor required. (2) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course on the basis of the standards which follow. In order to be eligible for state apportionment, such courses must be approved (as courses not part of programs) by the Chancellor's Office as provided by section 55100. (A) Grading Policy. The course provides for measurement of student performance in terms of the stated course objectives and culminates in a formal, permanently recorded grade based upon uniform standards in accordance with section 55758. The grade is based on demonstrated proficiency in the subject matter and the ability to demonstrate that proficiency, at least in part, by means of written expression that may include essays, or, in courses where the curriculum committee deems them to be appropriate, by problem solving exercises or skills demonstrations by students. (B) Units. The course grants units of credit based upon a relationship specified by the governing board between the number of units assigned to the course and the number of lecture and/or laboratory hours or performance criteria specified in the course outline. The course requires a minimum of three hours of student work per week, per unit, including class time and/or demonstrated competency, for each unit of credit, prorated for short-term, laboratory, and activity courses. (C) Intensity. The course provides instruction in critical thinking and generally treats subject matter with a scope and intensity that prepares students to study independently outside of class time and includes reading and writing assignments and homework. In particular, the assignments will be sufficiently rigorous that students completing each such course successfully will have acquired the skills necessary to successfully complete college-level work upon completion of the required sequence of such courses. (D) Prerequisites and corequisites. When the college and/or district curriculum committee deems appropriate, the course may require prerequisites or corequisites for the course that are established, reviewed, and applied in accordance with article 2.5 (commencing with section 55200) of this subchapter. (3) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the unit value, scope, objectives, and content in terms of a specific body of knowledge. The course outline shall also specify types or provide examples of required reading and writing assignments, other outside-of- class assignments, instructional methodology, and methods of evaluation for determining whether the stated objectives have been met by students. Taken together, these course specifications shall be such as to typically enable any student who successfully completes all of the assigned work prescribed in the outline of record to successfully meet the course objectives. (4) Conduct of Course. All sections of the course are to be taught by a qualified instructor in accordance with a set of objectives and with other specifications defined in the course outline of record. (5) Repetition. Repeated enrollment is allowed only in accordance with provisions of sections 51002, 55761-55763 and 58161. (c) Noncredit Course. A noncredit course is a course which, at a minimum, is recommended by the college and/or district curriculum committee (the committee described and established under subdivision (a)(1) of this section) and approved by the district governing board as a course meeting the needs of enrolled students. (1) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course if the course treats subject matter and uses resource materials, teaching methods, and standards of attendance and achievement that the committee deems appropriate for the enrolled students. In order to be eligible for state apportionment, such courses are limited to the categories of instruction listed in Education Code section 84757 and must be approved by the Chancellor's Office pursuant to section 55150. (2) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the scope, objectives, contents, instructional methodology, and methods of evaluation for determining whether the stated objectives have been met. (3) Conduct of Course. All sections of the course are to be taught by a qualified instructor in accordance with the set of objectives and other specifications defined in the course outline of record. (d) Community Services Class. A community services class is a class that meets the following minimum requirements: (1) is approved by the local district governing board; (2) is designed for the physical, mental, moral, economic, or civic development of persons enrolled therein; (3) provides subject matter content, resource materials, and teaching methods which the district governing board deems appropriate for the enrolled students; (4) is conducted in accordance with a predetermined strategy or plan; (5) is open to all members of the community; and (6) may not be claimed for apportionment purposes. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55002.5. Credit Hour; Allowance for Shorter Term. One credit hour of community college work is approximately three hours of recitation, study, or laboratory work per week throughout a term of 16 weeks. Where a term is more or less than 16 weeks, more or less than one credit hour shall be allowed in the same ratio that the length of the term is to 16 weeks. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55004. Social Science Courses. The course of instruction in social sciences shall include a study of the role, participation, and contribution of both men and women, black Americans, American Indians, Mexicans, Asians, Pacific Island people, and other ethnic groups to the economic, political, and social development of California and the United States of America. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55005. Publication of Course Standards. For each course offered, a community college shall make available to students through college publications all of the following facts before they enroll in the course: (a) Whether the course is offered as a credit or noncredit course, or a community services class. (b) Whether the course is transferable to baccalaureate institutions. (c) Whether the course fulfills a major or general education requirement. (d) Whether the course is offered on the basis of credit-no credit. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code. s 55006. Records and Reports. Authorities of each community college maintaining credit and non-credit courses and community services classes and activities shall keep and submit such current records and reports concerning their total activities as may be required by the Chancellor to fulfill statutory responsibilities. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78401, Education Code. s 55008. Appointment of Vocational Education Advisory Committee by School District Participating in Vocational Education Program. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55100. Course Approval. Except as provided in subsection (b) and section 55160, each course to be offered by a community college shall be approved by the Chancellor before the course is offered by the college. The course shall be submitted to the Chancellor on forms provided by the Chancellor's Office. (b) If an educational program has been approved by the Chancellor, the governing board of a district shall establish policies for, and may approve individual courses which are offered as part of an approved program. Such courses need not be approved by the Chancellor, but shall be reported in the manner provided in subsection (c). (c) For each course approved by a district, whether or not approval by the Chancellor is required, the district shall designate the appropriate classification of the course or activity in accordance with section 55001. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78401, Education Code. s 55101. Chancellor's Report. s 55130. Approval of Credit Programs. (a) Before offering any course as part of an educational program at a college, the governing board of a district shall obtain approval of the educational program from the Chancellor in accordance with the provisions of this article. Approval shall be requested on forms provided by the Chancellor. (b) The application for approval shall contain at least the following: (1) The name of the proposed program. (2) The description of the proposed program. (3) The purposes and specific objectives of the proposed program. (4) The place of the proposed program in the district master plan. (5) An explanation of whether the program is appropriate to the objectives and conditions of higher education and community college education in California and whether it conforms to statewide master planning. (6) The need for the proposed program ascertained with regard to at least the following factors: (A) Other community colleges in the area currently offering the program. (B) Other programs closely related to the proposed program offered by the college. (C) Relation of the proposed program to job market analysis. (D) Enrollment projection for the proposed program. (E) Recommendations of area vocational master plan committees when applicable. (F) The classification of the courses in the program in accordance with section 55001. (7) The need for and present adequacy of the following resources shall be determined in relation to the proposed program: (A) Library and media center resources. (B) Facilities and equipment required to initiate and sustain the program. If a new facility is to be used, reference should be made to the five-year master plan. (C) Availability of adequate or proposed financial support. (D) Availability of faculty. (c) The development, establishment and evaluation of an education program shall include representative faculty involvement. (d) An approval is effective until the program or implementation of the program is discontinued or modified in any substantial way. From time to time the Chancellor may evaluate an educational program, after its approval, on the basis of factors listed in this section. If on the basis of such an evaluation the Chancellor determines that an educational program should no longer be offered, the Chancellor may terminate the approval and determine the effective date of termination. (e) In multicollege districts, program approval is granted for a specific college. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55150. Approval of Noncredit Courses and Programs. (a) Courses or programs offered for noncredit shall be approved by the Chancellor in accordance with section 55100 on forms provided by the Chancellor's Office. (b) Course outlines for all noncredit courses shall be on file in the community college offering the course. (c) Authorities of each community college maintaining noncredit courses shall keep such current records and reports as may be required by the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78401, Education Code. s 55160. Approval of Community Service Classes. (a) Districts are authorized in accordance with the provisions of article 7 (commencing with section 78300) of chapter 2, part 48 of the Education Code to approve and conduct community services classes without the approval of the Chancellor. (b) Community services classes shall not be referred to as noncredit classes. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78300, Education Code. s 55170. Contract Classes. (a) Notwithstanding subdivision (c) of section 55000, "contract classes" means those classes which a community college district offers in fulfillment of a contract with a public or private agency, corporation, association, or other body or person. (b) No approval of a contract class is required if the district does not claim state support for the class and if the legislation which authorizes that class does not require approval. If the district claims state support for a contract class, approval of the class shall be obtained in the manner provided for classes of the same type, as provided in this article. Approval of the contract shall be obtained in the manner provided for by law. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 8092, 70902 and Article 1.5 (commencing with Section 78020) of Chapter 1, Part 48, Education Code. s 55180. Chancellor's Report. Note: Authority cited: Sections 66700 and 71020, Education Code. Reference: Sections 71091, 78200, and 78401, Education Code. s 55182. Reinstatement of Deleted Courses. The governing board of a community college district may reinstate any course which was deleted from the credit or noncredit curriculum during the 1982-83 fiscal year, in response to provision Number 11 of Item 6870-101-001 of the Budget Act of 1982 (Chapter 326, Statutes of 1982); provided that the following criteria and procedures shall be applied in conjunction with such reinstatement: (a) The governing board of the district shall only reinstate such courses in a manner which is consistent with the policy of the Board of Governors that offerings which are primarily avocational, or recreational shall be offered as community services classes, and not as credit or noncredit courses; (b) The governing board of the district shall determine that the course meets the criteria and standards for courses specified in section 55002; (c) The governing board may act to reinstate a course only after it has been reviewed through the college's or district's established procedure for the approval of new courses; (d) The governing board must submit the course to the Chancellor for approval, or report approval of the course, depending on the requirements of section 55100. A separate designation shall be used to distinguish reinstated courses from new courses; and (e) The governing board must determine that reinstatement of the course maintains or improves the curriculum balance of the district in accordance with the mission of the community college and local needs. (f) Any category of courses restored to the curriculum pursuant to a separate authorization of the Board of Governors shall be exempt from the requirements of this section. Note: Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 70902 and 78401, Education Code. s 55183. Authority of Partner District to Offer Courses Previously Approved by Chancellor. Notwithstanding the provisions of sections 55100, 55130 or 55150, a community college district that enters into an instructional services agreement with another district which has lost accreditation as described in section 51016.5, may offer any and all courses and/or programs for which the unaccredited college has previously obtained the Chancellor's approval. The partner district shall not be required to obtain separate approval from the Chancellor before offering those courses and/or programs. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55200. Definitions. For the purposes of this Division, the following definitions apply: (a) "Prerequisite" means a condition of enrollment that a student is required to meet in order to demonstrate current readiness for enrollment in a course or educational program. (b) "Corequisite" means a condition of enrollment consisting of a course that a student is required to simultaneously take in order to enroll in another course. (c) "Advisory on recommended preparation" means a condition of enrollment that a student is advised, but not required, to meet before or in conjunction with enrollment in a course or educational program. (d) "Satisfactory grade" means that, for the course in question, the student's academic record has been annotated with the symbol A, B, C or "CR" as those symbols are defined in Section 55758 of this Division. (e) "Necessary and appropriate" means that a strong rational basis exists for concluding that a prerequisite or corequisite is reasonably needed to achieve the purpose that it purports to serve. This standard does not require absolute necessity. (f) "content review" means a rigorous, systematic process developed in accordance with Sections 53200 to 53204, approved by the Chancellor as part of the district matriculation plan required under Section 55510, and is conducted by faculty to identify the necessary and appropriate body of knowledge or skills students need to possess prior to enrolling in a course, or which students need to acquire through concurrent enrollment in a corequisite course. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55201. Policies for Prerequisites, Corequisites, and Advisories on Recommended Preparation. (a) The governing board of a community college district may establish prerequisites, corequisites, and advisories on recommended preparation, but must do so in accordance with the provisions of this Article. Nothing in this subchapter shall be construed to require a district to establish prerequisites, corequisites, or advisories on recommended preparation; provided however, that a prerequisite or corequisite shall be required if the course is to be offered for associate degree credit and the curriculum committee finds that the prerequisite or corequisite is necessary pursuant to Section 55002(a)(2)(D) or 55002(a)(2)(E). (b) A governing board choosing to establish prerequisites, corequisites, or advisories on recommended preparation shall, in accordance with the provisions of Sections 53200-53204 of this Division, adopt policies for the following: (1) The process for establishing prerequisites, corequisites, and advisories on recommended preparation. Such policies shall provide that in order to establish a prerequisite or corequisite, the prerequisite or corequisite must be determined to be necessary and appropriate for achieving the purpose for which it is being established. District policies shall also specify the level of scrutiny that shall be required in order to establish different types of prerequisites, corequisites, and advisories on recommended preparation. At a minimum, prerequisites, corequisites, and advisories on recommended preparation shall be based on content review, with additional methods of scrutiny being applied depending on the type of prerequisite or corequisite being established. The policy shall provide that the types of prerequisites described in Subsection (e) may be established only on the basis of data collected using sound research practices. Determinations about prerequisites and corequisites shall be made on a course-by-course or program-by-program basis. (2) Procedures to assure that courses for which prerequisites or corequisites are established will be taught in accordance with the course outline particularly those aspects of the course outline that are the basis for justifying the establishment of the prerequisite or corequisite. (3) The process, including levels of scrutiny, for reviewing prerequisites and corequisites to assure that they remain necessary and appropriate. These processes shall provide that at least once each six years all prerequisites and corequisites established by the district shall be reviewed. These processes shall also provide for the periodic review of advisories on recommended preparation. (4) The bases and process for an individual student to challenge the application of a prerequisite or corequisite. (c) Prerequisites or corequisites may be established only for any of the following purposes: (1) the prerequisite or corequisite is expressly required or expressly authorized by statute or regulation; or (2) the prerequisite will assure, consistent with Section 55002(a)(2)(D), that a student has the skills, concepts, and/or information that is presupposed in terms of the course or program for which it is being established, such that a student who has not met the prerequisite is highly unlikely to receive a satisfactory grade in the course (or at least one course within the program) for which the prerequisite is being established; or (3) the corequisite course will assure, consistent with Section 55002(a)(2)(D), that a student acquires the necessary skills, concepts, and/or information, such that a student who has not enrolled in the corequisite is highly unlikely to receive a satisfactory grade in the course or program for which the corequisite is being established; or (4) the prerequisite or corequisite is necessary to protect the health and safety of a student or the health and safety of others. (d) Except as provided in this Subsection, no prerequisite or corequisite may be established or renewed pursuant to Subsection (b)(3) unless it is determined to be necessary and appropriate to achieve the purpose for which it has been established. A prerequisite or corequisite need not be so scrutinized until it is reviewed pursuant to Subsection (b)(3) if: (1) it was established prior to July 6, 1990, and is part of a sequence of degree-applicable courses within a given discipline; or (2) it was established between July 6, 1990, and the effective date of this regulation, in accordance with regulations in effect during this period of time; or (3) it is required by statute or regulation; or (4) it is part of a closely-related lecture-laboratory course pairing within a discipline; or (5) it is required by four-year institutions. (e) A course in communication or computation skills may be established as a prerequisite or corequisite for any course other than another course in communication or computation skills only if, in addition to conducting a content review, the district gathers data according to sound research practices and shows that a student is highly unlikely to succeed in the course unless the student has met the proposed prerequisite or corequisite. If the curriculum committee initially determines, pursuant to Section 55002(a)(2)(E), that a new course needs to have a communication or computation skill prerequisite or corequisite, then, despite Subsection (d) of this Section, the prerequisite or corequisite may be established for a single period of not more than two years while the research is being conducted and the final determination is being made, provided that all other requirements for establishing the prerequisite or corequisite have been met. The requirements of this subdivision related to collection of data shall not apply when: (1) four-year institutions will not grant credit for a course unless it has the particular communication or computation skill prerequisite; or (2) the prerequisite or corequisite is required for enrollment in a program, that program is subject to approval by a state agency other than the Chancellor's Office and both of the following conditions are satisfied: (A) colleges in at least six different districts have previously satisfied the data collection requirements of this subdivision with respect to the same prerequisite or corequisite for the same program; and (B) the district establishing the prerequisite or corequisite conducts an evaluation to determine whether the prerequisite or corequisite has a disproportionate impact on particular groups of students described in terms of race, ethnicity, gender, age or disability, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact. (f) Any prerequisite or corequisite may be challenged by a student on one or more of the grounds listed below. The student shall bear the initial burden of showing that grounds exist for the challenge. Challenges shall be resolved in a timely manner and, if the challenge is upheld, the student shall be permitted to enroll in the course or program in question. Grounds for challenge are: (1) The prerequisite or corequisite has not been established in accordance with the district's process for establishing prerequisites and corequisites; (2) The prerequisite or corequisite is in violation of this Article; (3) The prerequisite or corequisite is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner; (4) The student has the knowledge or ability to succeed in the course or program despite not meeting the prerequisite or corequisite; (5) The student will be subject to undue delay in attaining the goal of his or her educational plan because the prerequisite or corequisite course has not been made reasonably available; and (6) Such other grounds for challenge as may be established by the district governing board. (g) In the case of a challenge under Subsection (f)(3) of this Section, the district shall, upon completion of the challenge procedure established pursuant to this Section, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to Subchapter 5 (commencing with Section 59300) of Chapter 10 of this Division. Completion of the challenge procedure shall be deemed to satisfy the requirement of Section 59328(b) that the district and the student attempt informal resolution of the complaint. (h) District policies adopted pursuant to this section shall be submitted to the Chancellor as part of the district's matriculation plan pursuant to Section 55510 of Subchapter 6 of Chapter 6 of this Division. Note: Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code. s 55202. Additional Rules. The following additional rules apply to the establishment of prerequisites and corequisites: (a) Prerequisites, corequisites, and advisories on recommended preparation must be identified in college publications available to students as well as the course outline of any course for which they are established. (b) Prerequisites establishing communication or computational skill requirements may not be established across the entire curriculum unless established on a course-by-course basis. (c) The determination of whether a student meets a prerequisite shall be based on successful completion of an appropriate course or on an assessment using multiple measures. Any assessment instrument used shall be selected and used in accordance with the provisions of Subchapter 6 (commencing with Section 55500) of Chapter 6 of this Division. (d) If a prerequisite requires precollegiate skills in reading, written expression, or mathematics, the governing board of a district shall ensure that precollegiate basic skills courses designed to teach the required skills are offered with reasonable frequency and that the number of sections available is reasonable given the number of students who are required to meet the associated skills prerequisites and who diligently seek enrollment in the prerequisite course. (e) Whenever a corequisite course is established, sufficient sections shall be offered to reasonably accommodate all students who are required to take the corequisite. A Corequisite shall be waived as to any student for whom space in the corequisite course is not available. (f) No exit test may be required to satisfy a prerequisite or corequisite unless it is incorporated into the grading for the prerequisite or corequisite course. (g) The determination of whether a student meets a prerequisite shall be made prior to his or her enrollment in the course requiring the prerequisite, provided, however, that enrollment may be permitted pending verification that the student has met the prerequisite or corequisite. If the verification shows that the student has failed to meet the prerequisite, the student may be involuntarily dropped from the course if the applicable enrollment fees are promptly refunded. Otherwise a student may only be involuntarily removed from a course due to excessive absences or as a result of disciplinary action taken pursuant to law or to the student code of conduct. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55205. Definition and Application. Distance education means instruction in which the instructor and student are separated by distance and interact through the assistance of communication technology. All distance education is subject to the general requirements of this chapter as well as the specific requirements of this article. In addition, instruction provided as distance education is subject to the requirements that may be imposed by the Americans with Disabilities Act (42 U.S.C. Sec. 12100 et seq.) and section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. s 794d). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55207. Course Quality Standards. The same standards of course quality shall be applied to distance education as are applied to traditional classroom courses, in regard to the course quality judgments made pursuant to the requirements of section 55002 of this part, and in regard to any local course quality determination or review process. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55209. Course Quality Determinations. Determinations and judgments about the quality of distance education under the course quality standards referred to in section 55207, shall be made with the full involvement of faculty in accordance with the provisions of subchapter 2 (commencing with section 53200) of chapter 2 of division 4 of this part. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55211. Instructor Contact. In addition to the requirements of section 55002 and any locally established requirements applicable to all courses, district governing boards shall ensure that: (a) All approved courses offered as distance education include regular effective contact between instructor and students, through group or individual meetings, orientation and review sessions, supplemental seminar or study sessions, field trips, library workshops, telephone contact, correspondence, voice mail, e-mail, or other activities. (b) All distance education courses are delivered consistent with guidelines issued by the Chancellor pursuant to section 409 of the Procedures and Standing Orders of the Board of Governors. Regular effective contact is an academic and professional matter pursuant to title 5, section 53200. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55213. Separate Course Approval. Each proposed or existing course, if delivered by distance education, shall be separately reviewed and approved according to the district's certified course approval procedures. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55215. Faculty Selection. Instructors of sections delivered via distance education technology shall be selected by the same procedures used to determine all instructional assignments. Instructors shall possess the minimum qualifications for the discipline into which the course's subject matter most appropriately falls, in accordance with article 2 of chapter 4 of division 4 of this part (commencing with section 53410), and with the list of disciplinary definitions and requirements adopted by the Board of Governors to implement that article, as such list may be amended from time to time. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55217. Number of Students. The number of students assigned to any one course section offered by distance education shall be determined by and be consistent with other district procedures related to faculty assignment. Procedures for determining the number of students assigned to a course section offered by distance education may include a review by the curriculum committee established pursuant to section 55002(a)(1). Nothing in this section shall be construed to impinge upon or detract from any negotiations or negotiated agreements between exclusive representatives and district governing boards. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55219. Ongoing Responsibility of Districts. Any district conducting courses under section 55316.5 shall: (a) Maintain records and report data through the Chancellor's Office Management Information System on the number of students and faculty participating in new courses or sections of established courses, (b) Provide to the local governing board, no later than August 31st of each year, a report on all distance education activity, (c) Provide other information consistent with reporting guidelines developed by the Chancellor pursuant to section 409 of the Procedures and Standing Orders of the Board of Governors. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. Note: Authority cited: Section 72012, Education Code. s 55230. Classes, Property and Buildings Outside of District. The governing board of a community college district may conduct community college classes and acquire the necessary property and erect the necessary buildings therefor, outside of the boundaries of the district if all of the following conditions exist: (a) The proposed location is within the state. (b) the activities, trades, businesses, or work to be carried on at the proposed location is such as to offer educational opportunities to students who are residents of the district in the subject or all of the subjects proposed to be taught at that location, and facilities for such instruction are not available either at the location of the principal buildings of the community college, or elsewhere within the district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55231. Establishment of Courses Outside of District. The governing board of a community college district may establish courses outside the district primarily for students who are nonresidents of the district, providing one of the following conditions is fulfilled: (a) The governing board of a high school district in territory that is not included in any community college district requests that community college courses be offered in the high school district. (b) The governing board of a high school district requests that community college courses be offered in the high school district in accordance with other applicable provisions of law and either: (1) the community college district where the high school district is located chooses not to offer such courses; or (2) the courses will be offered only to pupils of the high school and will not be claimed for apportionment by the community college district. (c) Another community college district requests that community college courses be offered in its territory. Nothing in this section or any other provision of this subchapter shall be construed to prohibit districts from establishing study abroad programs as described in Education Code section 66015.7 for students who are district residents or students who are not residents of the district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55232. Use of Facilities Outside of District. The governing board of a community college district may conduct community college classes for students who are residents of the district and utilize existing facilities necessary therefor outside of the boundaries of the district if the district is unable to construct adequate facilities within the district because of the failure of the electors of the district to authorize the issuance of bonds for such purpose at an election held for such purpose and if the district is unable to obtain adequate facilities within the district with the funds available to the district for such purpose. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55233. Contract with Federal Government to Provide Classes and Courses for Servicemen. The governing board of a community college district may enter into a contract on a full-cost basis with the federal government or any agency of the federal government to provide community college courses and classes to persons in the military service of the United States at any military camp, post, installation, base, vessel, or location, whether within or outside the district or the state. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55234. Classes in a Nursing Program; Insurance. The governing board of any community college district offering a nursing program, or related program in the healing arts, either in regular graded classes or in classes for adults, may maintain classes in such a program at hospitals located within or without the district for the purpose of providing the hospital training for students in such classes. The governing board may purchase liability insurance for the students with district funds. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55235. Classes for Convalescents in a Hospital Maintained by a County or City in Another County. Anything in this chapter to the contrary notwithstanding, whenever any county or city and county maintains a tuberculosis ward, hospital or sanatorium in another county of this state, the governing board of any community college district of the county or city and county maintaining such institution, if authorized to maintain classes for adults, may establish and maintain such classes in such institution for pretuberculous, tuberculous, and convalescent minors and adults, and the attendance of students in the classes shall be credited to the district maintaining the classes. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55236. Classes Outside of State for Aircraft Pilot Training Program. The governing board of community college district may establish and maintain community college classes outside of the state, comprising a part of an aircraft pilot training program conducted by the district under an agreement with the federal government or any agency thereof, during the time that it is unlawful by reason of any law or order of the federal government or any agency thereof for such classes to be maintained within the district. The governing board may make such expenditures and do such things in connection with the establishment and maintenance of classes under this section as it could do were the classes established and maintained within the district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55240. Location of Required Colleges or Instructional Facilities in District. Except as provided in this part or in the Education Code, any college or instructional facility required to be maintained by the governing board of a community college district shall be maintained within the boundaries of the district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55241. Use of Federal Facilities. Notwithstanding any other provision of this part to the contrary, whenever under the provisions of section 310 of the act of Congress entitled, "An act relating to the construction of school facilities in areas affected by federal activities, and for other purposes" (Public Law 81-815), or under any similar provisions of any other act of Congress, school facilities are constructed by any agency of the federal government on federal property for the education of students residing on property owned by the federal government, the governing board of the community college district in which such facilities are located or the governing board of any adjacent community college district, may make arrangements with the agency of the federal government to maintain school in such facilities. The students residing on such federal property and attending such school shall be deemed to be residents of the district maintaining such school. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55242. Maintenance of College Outside District. The maintenance of a college by a district outside the boundaries of the district as provided in sections 55230-55232, inclusive, shall be deemed for all purposes to be or have been the maintenance of a college within the boundaries of the district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55243. Classes Conducted at Airport or County Jail. The governing board of a community college district coterminous with the boundaries of a city and county, may conduct classes at the airport and at the county jail which are owned and operated by the city and county, outside of the boundaries of the community college district. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Section 70901, Education Code. s 55245. Public School or Nonprofit Organization Facilities. Special classes for handicapped adults may be conducted under the direction of the governing board of the community college district in workshop and training facilities provided by nonprofit organizations, or in public school facilities. General Materials (GM) - References, Annotations, or Tables Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250. Approved Plan Required. Any program of Cooperative Work Experience Education conducted by the governing board of a community college district pursuant to sections 55250.2-55250.7, 58051, and 58009.5 shall conform to a plan adopted by the district. The plan adopted by the district shall set forth a systematic design of Cooperative Work Experience Education whereby students, while enrolled in college, will gain realistic learning experiences through work. This plan shall be submitted to and approved by the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55250.2. Laws or Rules Applicable to Students in Work Experience. All laws or rules applicable to minors in employment relationships are applicable to students enrolled in work-experience courses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250.3. "Work Experience Education." Work-experience education as authorized by this chapter includes the employment of students in part-time jobs elected or approved as having educational value for the students employed therein and coordinated by school employees. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250.4. Funds for Work Experience Programs for Mentally Retarded Pupils. The governing board of any community college district which establishes and supervises a work-experience education program in which mentally retarded students are employed in part-time jobs may use funds derived from any source, to the extent permissible by appropriate law or regulation, to pay the wages of students so employed. The Board of Governors hereby finds and declares that the authority granted by the provisions of this section is necessary to ensure that the work-experience education program will continue to provide a maximum educational benefit to students, particularly mentally retarded students and that such program is deemed to serve a public purpose. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250.5. Work-Experience Education Involving Apprenticeable Occupations. Work-experience education involving apprenticeable occupations shall be consistent with the purposes of chapter 4 (commencing with section 3070) of division 3 of the Labor Code and with standards established by the California Apprenticeship Council. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250.6. Work Experience in Contiguous Areas. The governing board of any community college district may provide for the establishment and supervision of work-experience education programs in areas outside the district. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55250.7. Employment of Pupils in Part-Time Jobs Located Outside the District. The governing board of any community college district providing work-experience and work-study education may provide for employment under such program of students in part-time jobs located in areas outside the district and such employment may be by any public or private employer. Such districts may pay wages to persons receiving such training whether assigned within or without the district, except that no payments may be to or for private employers, and may provide workers' compensation insurance as may be necessary. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55251. Requirements of Plan. (a) The district plan shall contain the following provisions: (1) A statement that the district has officially adopted the plan, subject to approval by the State Chancellor. (2) A specific description of the respective responsibilities of college, student, employer, and other cooperating agencies in the operation of the program. (3) A specific description for each type of Cooperative Work Experience Education program. (4) A description of how the district will: (A) Provide guidance services for students during enrollment in Cooperative Work Experience Education. (B) Assign a sufficient number of qualified, academic personnel as stipulated in the district plan to direct the program and to assure district services required in section 55255. (C) Assure that students' on-the-job learning experiences are documented with written measurable learning objectives. (D) With the assistance of employers, evaluate students on-the-job learning experiences. (E) Describe basis for awarding grade and credit. (F) Provide adequate clerical and instructional services. (b) Prior to implementation, any changes or revisions to the district plan shall be submitted for approval to the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55252. Types of Cooperative Work Experience Education. (a) Cooperative Work Experience Education is a district-initiated and district-controlled program of education consisting of the following types: (1) General Work Experience Education is supervised employment which is intended to assist students in acquiring desirable work habits, attitudes and career awareness. The work experience need not be related to the students' educational goals. (2) Occupational Work Experience Education is supervised employment extending classroom based occupational learning at an on-the-job learning station relating to the students' educational or occupational goal. (b) Participation may be under either of the following formats: (1) A Parallel Plan is a form of Cooperative Work Experience Education designed to offer students the opportunity to attend college classes and earn college credit for concurrent learning on the job as specified in section 55254. (2) An Alternate Plan is a form of Cooperative Work Experience Education designed to offer students opportunities alternately to attend college and work as stipulated in the district plan. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55253. College Credit. For the satisfactory completion of all types of Cooperative Work Experience Education, students may earn up to a total of 16 semester credit hours or 24 quarter credit hours, subject to the following limitations: (a) General Work Experience Education. (1) Under the Parallel Plan, a maximum of three credit hours per semester or five credit hours per quarter may be earned up to a total of six semester credit hours or nine quarter credit hours. (2) Under the Alternate Plan, a maximum of six semester credit hours or nine quarter credit hours may be earned. (b) Occupational Work Experience Education. (1) Under the Parallel Plan, a maximum of four credit hours per semester or six credit hours per quarter may be earned up to a total of 16 semester or 24 quarter credit hours. (2) Under the Alternate Plan, a maximum of eight credit hours may be earned during one enrollment period up to a total of 16 semester or 24 quarter credit hours. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55254. Student Qualifications. (a) In order to participate in Cooperative Work Experience Education students shall meet the following criteria: (1) Pursue a planned program of Cooperative Work Experience Education which, in the opinion of the Instructor/Coordinator, includes new or expanded responsibilities or learning opportunities beyond those experienced during previous employment. (2) Have on-the-job learning experiences that contribute to their occupational or education goals. (3) Have the approval of the certificated personnel. (4) Meet the following condition if self-employed: Identify a person who is approved by academic personnel to serve as the designated employer representative. This representative shall agree in writing to accept the following employer responsibilities: (A) Assist the student in identifying new or expanded on-the-job learning objectives. (B) Assist in the evaluation of the student's identified on-the-job learning objectives. (C) Validate hours worked. (b) In addition, students shall satisfy one of the following three criteria: (1) Be an apprentice as defined by Labor Code Section 3077 who is enrolled in related or supplementary courses required of the apprenticeship programs; or (2) Be enrolled in the parallel plan. (A) During regular semesters or quarters, students must enroll in a minimum of seven units including Cooperative Work Experience Education. Enrollment in an accredited secondary through four-year institution or equivalent course work may meet this requirement. (B) During summer sessions, students must enroll in one other class in addition to Cooperative Work Experience Education; or (3) Be enrolled in the alternate plan. Concurrent enrollment will be limited to one other class. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55255. District Services. (a) The district shall provide sufficient services for initiating and maintaining on-the-job learning stations, coordinating the program, and supervising students. The supervision of students shall be outlined in a learning agreement coordinated by the college district under a state-approved plan. The employer and the qualified Community College Instructor/Coordinator shall share responsibility for on-the-job supervision, which shall include but not be limited to: (1) Instructor/Coordinator consultation in person with employers or designated representatives to discuss students' educational growth on the job. (2) Written evaluation of students' progress in meeting planned on-the-job learning objectives. (3) Consultation with students in person to discuss students' educational growth on the job. (b) The district shall provide the above services at least once each quarter or semester for each student enrolled in the Cooperative Work Experience Education. Qualified adjunct faculty may be hired from other institutions to develop the learning contracts and make the "in-person" consultation for a student that is out of a college's geographical region, state, or in another country. For legally indentured apprentices, the requirements of this Section may be delegated to the Joint Apprenticeship Committee in order to avoid duplication of supervisory services. The responsibility for compliance with Education Code and Title 5 Cooperative Work Experience Education requirements remains with the college. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55256. Records. (a) The district shall maintain records which shall include at least the following: (1) The type and units of Cooperative Work Experience Education in which each student is enrolled, where employed, type of job held and the basis for determining whether the student is qualified for Occupational or General Work Experience Education; signed and dated by academic personnel. (2) A record of work permit issued if applicable; signed by designated issuing agent. (3) The employer's or designated representative's statement of student hours worked and evaluation of performance on the agreed-upon learning objectives. Work hours may be verified either by weekly or monthly time sheets or by a summary statement at the end of the enrollment period. (4) New or expanded on-the-job measurable learning objectives which serve as part of the basis for determining the student's grade signed by academic personnel, employer or designated representative, and student. (b) Records must be maintained which are signed and dated by certificated personnel documenting: (1) Consultation(s) in person with the employer or designated representative. (2) Personal consultation(s) with the student. (3) Evaluation of the student's achievement of the on-the-job learning objectives. (4) The final grade. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55256.5. Work Experience Credit. (a) One student contact hour is counted for each unit of work experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for any classroom instruction and Cooperative Work Experience Education. The maximum contact hours counted for a student shall not exceed the maximum number of Cooperative Work Experience Education units for which the student may be granted credit as described in section 55253. (b) The learning experience and the identified on-the-job learning objectives shall be sufficient to support the units to be awarded. (c) The following formula will be used to determine the number of units to be awarded: (1) Each 75 hours of paid work equals one semester credit or 50 hours equals one quarter credit. (2) Each 60 hours of non-paid work equals one semester credit or 40 hours equals one quarter credit. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55257. Job Learning Stations. Job learning stations shall meet the following criteria: (a) Employers or designated representatives agree with the intent and purposes of Cooperative Work Experience Education for students and are given a copy of each student's approved on-the-job learning objectives. (b) Job learning stations offer a reasonable probability of continuous work experience for students during the current work experience enrollment term. (c) Employers or designated representatives agree to provide adequate supervision, facilities, equipment, and materials at the learning stations to achieve on-the-job learning objectives. (d) Employers as required by law agree to comply with all appropriate federal and state employment regulations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code. s 55300. Application of Subchapter. The provisions of this subchapter apply to and implement the provisions of sections 58051 and 58003.1 in relation to attendance in approved courses and programs designed and conducted as independent study. Approved courses conducted as independent study shall be reported to the Chancellor in accordance with specified procedures as required by law. All heretofore approved credit courses offered in whatever mode meeting the above requirements shall remain approved provided such courses meet the requirements of this subchapter and any other approval requirements. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55302. Definitions. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55310. Reporting. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code. s 55312. Transfer. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55314. Faculty and Student Participation. Note: Authority cited: Sections 66700, 70901 and 78301, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code. s 55316. Criteria. Courses offered pursuant to this subchapter shall: (a) Be accepted by the college toward completion of an appropriate educational sequence leading to an associate degree, and (b) Be recognized by an institution of the University of California or the California State University upon transfer to that institution. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55316.5. Additional Courses. Notwithstanding any other provision of law, the following additional types of courses may be offered as independent study if conducted by distance education consistent with the requirements of article 3 of subchapter 1 (commencing with section 55205) of this chapter, and the guidelines developed by the Chancellor: (a) Nontransferable courses designed to meet the requirements of sections 55805.5, 55806, and 55002(a) or (b); (b) Noncredit courses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55317. Ongoing Responsibilities of Districts. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code. s 55318. Written Record. Note: Authority cited: Sections 66700, 70901 and 78310, Education Code. Reference: Sections 70901, 70902, and 78310, Education Code. s 55320. Academic Standards. Academic standards applicable to courses of independent study shall be the same as those applied to other credit courses in the college. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55321. Student Progress. Procedures for evaluation of student progress shall be in accordance with regulations set by the college. A report by an instructor on appropriate records bearing the student's name for purposes of state apportionment shall certify that adequate and proper progress toward accomplishment of the course objectives is being maintained by the student. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55322. Availability of Instructor. The college shall provide access to the instructor for the students enrolled in courses offered pursuant to this subchapter at least equivalent to that commonly available to students enrolled in courses conducted by other instructional methods in addition to regularly scheduled office hours as practiced at that college. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55323. Learning Assistance. Note: Authority cited: Sections 71020, 78310, 84500 and 84520, Education Code. Reference: Sections 78310, 84500 and 84520, Education Code. s 55340. Eligibility for State Funds. In order for attendance in a course of independent study to be eligible for state apportionment pursuant to the provisions of this subchapter, the course must be reported as required by this subchapter, and meet all other requirements of statute and regulation relative to eligibility for state apportionment. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55342. Average Daily Attendance. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55343. Grades Awarded. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55344. Enrollment. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55346. Records. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55348. Supervision. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55350. Instruction. The instructor assigned to a course conducted pursuant to this subchapter shall: (a) Be qualified to provide service in that capacity during the period in which that service is rendered; (b) Be responsible for the supervision, control, and evaluation of the course and the enrolled students; (c) Provide orientation, guidance, and information regarding course content materials and services for each student as soon as possible subsequent to the student's official enrollment by the college; and (d) Provide each student with the instructor's consultation schedule for the semester, quarter, or other prescribed term of the course, and this schedule is to be included in the written record. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55352. Number of Students. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code. s 55360. Evaluation Reports. Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code. s 55370. Definition and Application. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55372. Course Quality Standards. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55374. Course Quality Determinations. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55376. Instructor Contact. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55378. Separate Course Approval. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55380. Faculty Selection. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code. s 55400. Definitions. The definitions provided in the Student Attendance Accounting Manual issued by the Chancellor shall apply to the provisions of this chapter. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55401. Current and Long Range Plans. The governing board of each community college district shall establish policies for, and approve, current and long range educational plans and programs for each community college which it maintains and for the district as a whole. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55402. Educational Master Plans. The governing board of each community college district shall submit to the Chancellor an educational master plan for each community college which it maintains and for the district as a whole. Each plan shall be modified and brought up to date annually and shall be submitted to the Chancellor upon his or her request. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55403. Form. Each plan shall be submitted on a form provided by the Chancellor and shall contain such information as the Chancellor shall require. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55404. Contents. Each plan shall contain the educational objectives of the community college or district and the future plans for transfer programs, occupational programs, continuing education courses, and remedial and developmental programs. On the basis of current and future enrollment, it shall contain plans for the development and expansion of ancillary services, including services in the library and for counseling, placement, and financial aid. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55405. Review and Approval. The Chancellor shall review each master plan as he or she considers necessary. Following the submission of each plan requested by the Chancellor, the Chancellor shall send a copy of the plan approval or statement of deficiencies to the chief executive officer of the district. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55450. Excursions or Field Trips. The governing board of a community college district may: (a) Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or college band activities to and from places in the state, or any other state, the District of Columbia, or a foreign country for students enrolled in a college. A field trip or excursion to and from a foreign country may be permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the district's course of study for the students. (b) Engage instructors, supervisors, and other personnel who desire to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion. (c) Transport by use of district equipment, contract to provide transportation, or arrange transportation by the use of other equipment, of students, instructors, supervisors or other personnel to and from places in the state, any other state, the District of Columbia, or a foreign country where the excursions and field trips are being conducted; provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, the liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country. (d) Provide supervision of students involved in field trips or excursions by academic employees of the district. No student shall be prevented from making the field trip or excursion because of lack of sufficient funds. To this end the governing board shall coordinate efforts of community service groups to supply funds for students in need of them. No group shall be authorized to take a field trip or excursion authorized by this section if any student who is a member of such an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds. No expenses of students participating in a field trip or excursion to any other state, the District of Columbia, or a foreign country authorized by this section shall be paid with district funds. Expenses of instructors, chaperons, and other personnel participating in a field trip or excursion authorized by this section may be paid from district funds, and the district may pay from district funds all incidental expenses for the use of district equipment during a field trip or excursion authorized by this section. The attendance or participation of a student in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportionments from the State School Fund in the fiscal year. Credited attendance resulting from such field trip or excursion shall be limited to the amount of attendance that would have accrued had the students not been engaged in the field trip or excursion. No more contact hours shall be generated by a field trip or excursion than if the class were held on campus. All persons making the field trip or excursion shall be deemed to have waived all claims against the district or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of students taking out-of-state field trips or excursions shall sign a statement waiving such claims. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55451. Provision for Medical or Hospital Service for Students. The governing board of any community college district conducting excursions and field trips pursuant to these regulations shall provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance from an authorized insurer, for students of the district injured while participating in the excursions and field trips under the jurisdiction of, or sponsored or controlled by, the district or the authorities of any college of the district. The cost of the insurance or membership may be paid from the funds of the district, or by the insured student, or his or her parent or guardian. The insurance may be purchased from, or the membership may be taken in, only companies or corporations that are authorized to do business in this state. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55500. Scope and Implementation. (a) This chapter implements and should be read in conjunction with the provisions of the Seymour-Campbell Matriculation Act of 1986, c. 1467, Stats. 1986, codified as Education Code Sections 78210, et seq. The purpose of this chapter is to further equality of educational opportunity and success for all students in the California Community Colleges. (b) The requirements of this chapter apply only to districts receiving funds pursuant to Education Code Section 78216 for the period of time during which such funds are received. The Chancellor shall, in consultation with districts and other interested parties, adopt a schedule for implementing the provisions of this chapter as expeditiously as possible within the constraints of available funding. The schedule shall be coordinated with the implementation and funding of the systemwide management information system and the accountability mechanisms established pursuant to Education Code Section 71020.5. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 71020.5 and 78210-78218, Education Code. s 55502. Definitions. For purposes of this Chapter, the following definitions shall apply: (a) "Matriculation" means a process that brings a college and a student who enrolls for credit into an agreement for the purpose of realizing the student's educational goal through the college's established programs, policies, and requirements. This agreement is to be implemented by means of the student's individual educational plan developed pursuant to Section 55525. (b) "Assessment" means the process of gathering information about individual students to facilitate student success. Assessment shall include, but is not limited to, information regarding the student's study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment involves the collection of such information at any time before or after enrollment, except that the process of assigning a grade by an instructor shall not be considered part of the assessment process. Once a grade has been assigned and recorded in a student's transcript, it can be used in the assessment process. (c) "Assessment instruments, methods, or procedures" means one or more assessment instruments, assessment methods, or assessment procedures, or any combination thereof. These include, but are not limited to, interviews, standardized tests, holistic scoring processes, attitude surveys, vocational or career aptitude and interest inventories, high school or college transcripts, specialized certificates or licenses, educational histories and other measures of performance. The term "assessment instruments, methods, or procedures" also includes assessment procedures such as the identification of test scores which measure particular skill levels, the administrative process by which students are referred for assessment, the manner in which assessment sessions are conducted, manner in which assessment results are made available, and the length of time required before such results are available. (d) "Pre-collegiate basic skills courses" are those courses in reading, writing, computation, and English as a Second Language which are designated by the community college district as nondegree credit courses pursuant to Section 55002(b). (e) "Disproportionate impact" occurs when the percentage of persons from a particular racial, ethnic, gender, age or disability group who are directed to a particular service or placement based on an assessment instrument, method, or procedure is significantly different from the representation of that group in the population of persons being assessed, and that discrepancy is not justified by empirical evidence demonstrating that the assessment instrument, method or procedure is a valid and reliable predictor of performance in the relevant educational setting. (f) "Exemption" means waiving or deferring a student's participation in orientation, assessment, counseling, or advisement required pursuant to Subsections (b),(c), and (f) of Section 55520. (g) "Matriculation services" are those services listed in Section 55520. (h) "Matriculation practices" means one or more instruments, methods, or procedures, or any combination thereof, used in providing any of the matriculation services listed in Section 55520. (i) "Student" means a person enrolled in at lease one credit course. (j) "Orientation" is a process which acquaints students and potential students with college programs, services, facilities and grounds, academic expectations, and institutional procedures. (k) "Student follow-up" is the process of monitoring a student's progress toward his or her educational goals and providing the student with appropriate advice based on the results of such monitoring. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78212 and 78213, Education Code. s 55510. Matriculation Plans. (a) Each community college district shall adopt a matriculation plan describing the services to be provided to its students. The plan shall include, but not be limited to: (1) a description of the methods by which required services will be delivered; (2) the district's budget for matriculation; (3) plans for faculty and staff development; (4) computerized information services and institutional research and evaluation necessary to implement this Chapter; (5) criteria for exempting students from participation in the matriculation process; (6) procedures for establishing and periodically reviewing prerequisites pursuant to Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of this Division; (7) procedures for considering student challenges to prerequisites established pursuant to Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of this Division; and (8) in districts with more than one college, arrangements for coordination by the district of the matriculation plans of its various colleges. (b) The plan shall be developed through consultation with representatives of the academic senate, students, and staff with appropriate expertise, pursuant to Section 51023 et seq. (c) Such plans shall conform to the requirements of this Chapter and shall be submitted to the Chancellor for review and approval. Plans submitted prior to the effective date of this Section need not be revised or resubmitted if the Chancellor finds that they meet the requirements of this Chapter. Regardless of when plans are initially submitted, the Chancellor may require periodic updates of such plans. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code. s 55512. Evaluation and Audits. (a) Each community college district shall establish a program of institutional research for ongoing evaluation of its matriculation process to ensure compliance with the requirements of this subchapter. As part of this evaluation, all assessment instruments, methods or procedures shall be evaluated to ensure that they minimize or eliminate cultural or linguistic bias and are being used in a valid manner. Based on this evaluation, districts shall determine whether any assessment instrument, method or procedure has a disproportionate impact on particular groups of students described in terms of ethnicity, gender, age or disability, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact. The evaluation shall include, but not be limited to, an analysis of the degree to which the matriculation program: (1) impacts on particular courses, programs, and facilities; (2) helps students to define their educational goals; (3) promotes student success, as evidenced by outcome and retention data such as student persistence, goal attainment, skill improvement, and grades; (4) assists the district in the assessment of students' educational needs; (5) matches district resources with students' educational needs; and (6) provides students with the support services described in section 55520(g). (b) Each district shall also, as part of its annual financial audit, provide for a review of the revenue and expenditures of the matriculation program. (c) The Chancellor shall establish a system for evaluation of the matriculation program on a statewide basis, including procedures for monitoring compliance with the requirements of this subchapter. Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code. s 55514. Data Collection. Each community college district shall submit an annual report describing the district's efforts to implement its matriculation plan and expenditures made for that purpose. In this report, or through the established management information system or otherwise, the data to be collected for evaluation purposes pursuant to Education Code section 78214 and section 55512 of this part. Such data shall specifically include, but is not limited to, the information necessary to permit the Chancellor to determine the following: (a) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who are placed in pre-collegiate, associate-degree applicable, or transfer level courses in reading, writing, computation or English as a Second Language. (b) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who enter and complete pre-collegiate basic skills courses. (c) The proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, completing pre-collegiate basic skills courses who subsequently enter and complete courses applicable to the associate degree; (d) outcome and retention data, as described in section 55512(a), indicating the effectiveness of matriculation; (e) the basis on which the use of particular assessment instruments, methods or procedures was validated by a district; (f) the numbers of students exempted, pursuant to section 55532, from participation in the district's matriculation program, by category of exemption; (g) the number of students filing complaints pursuant to 55534 and the bases of those complaints; (h) the particular matriculation services, as listed in section 55520, which each student received; and (i) any other matter the Chancellor, after consultation with community college districts, deems necessary for the effective evaluation of matriculation programs. Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code. s 55516. Training and Staff Development. Each community college district shall develop and implement a program for providing all faculty and staff with training appropriate to their needs on the provision of matriculation services, including but not limited to, the proper purpose, design, evaluation, and use of assessment instruments, methods or procedures, as well as their limitations and possible misuse. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code. s 55518. Funding. (a) The Chancellor shall adopt a funding formula, consistent with the requirements of this section, for allocating matriculation funds to community college districts complying with the requirements of this chapter.(b) Each dollar of state matriculation funding shall be matched by three dollars of other district resources devoted to the matriculation program. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code. s 55520. Required Services. At a minimum, each community college district shall provide students, except as exempted pursuant to section 55532, with all of the following matriculation services: (a) the processing of applications for admission; (b) orientation and pre-orientation services designed to provide nonexempt students and potential students, on a timely basis, information concerning college procedures and course scheduling, academic expectations, financial assistance, and any other matters the college or district finds appropriate; (c) assessment for all nonexempt students pursuant to section 55524; (d) counseling or advisement for nonexempt students pursuant to section 55523; (e) assistance in developing a student educational plan pursuant to section 55525, which identifies the student's educational objectives and the courses, services, and programs to be used to achieve them; (f) post enrollment evaluation, pursuant to section 55526, of each student's progress; and (g) referral of students to: (1) support services which may be available, including, but not limited to, counseling, financial aid, health services, campus employment placement services, Extended Opportunity Programs and Services, campus child care services, tutorial services, and Disabled Students Programs and Services; and (2) specialized curriculum offerings including but not limited to, pre-collegiate basic skills courses and programs in English as a Second Language. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code. s 55521. Prohibited Practices. (a) In implementing matriculation services, community college districts shall not, except as provided in subdivision (b), do any of the following: (1) use an assessment instrument which has not been approved by the Chancellor pursuant to Section 55524, except that the Chancellor may permit limited field-testing, under specified conditions, of new or alternative assessment instruments, where such instruments are not used for placement and are evaluated only in order to determine whether they should be added to the list of approved instruments; (2) use any assessment instrument in a manner or for a purpose other than that for which it was developed or has been otherwise validated; (3) use any single assessment instrument, method or procedure, by itself, for placement, required referral to appropriate services, or subsequent evaluation of any student; provided however that, in the case of assessment instruments, the use of two or more highly correlated instruments does not satisfy the requirement for use of multiple measures; (4) use any assessment instrument, method or procedure to exclude any person from admission to a community college; (5) use any assessment instrument, method or procedure for mandatory placement of a student in or exclusion from any particular course or educational program, except that districts may establish appropriate prerequisites pursuant to Sections 55002 and 58106 of Division 9 of this Part; or (6) use any matriculation practice which has the purpose or effect of subjecting any person to unlawful discrimination prohibited by Chapter 5 (commencing with Section 59300) of Division 10 of this Part. (b) Notwithstanding the provisions of subdivisions (a)(1) and (2), assessment instruments approved by the Secretary of the United States Department of Education may be used to determine "ability to benefit" in the process of establishing a student's eligibility for federal financial aid pursuant to subdivision (d) of Section 1091 of Title 20 of the United States Code. Note: Authority cited: Section 11138, Government Code; and Sections 66700 and 70901, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 78211 and 78213, Education Code. s 55522. Special Accommodations. Matriculation services for ethnic and language minority students and students with disabilities, shall be appropriate to their needs, and community college districts shall, where necessary, make modifications in the matriculation process or use alternative instruments, methods or procedures to accommodate the needs of such students. Districts may require students requesting such accommodations to provide proof of need. Extended Opportunity Programs and Services (EOPS) and Disabled Students Programs and Services (DSPS) are authorized, consistent with the provisions of subchapter 1 (commencing with section 56000) and subchapter 2.5 (commencing with section 56200) of chapter 7, to provide specialized matriculation services and modified or alternative matriculation services to their respective student populations. Notwithstanding this authorization, participation in the EOPS and DSPS programs is voluntary and no student may be denied necessary accommodations in the assessment process because he or she chooses not to use specialized matriculation services provided by these programs. Modified or alternative matriculation services for limited or non-English-speaking students may be provided in English as a Second Language programs. Note: Authority cited: Section 11138, Government Code; Sections 66700, 70901 and 78213, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 78211 and 78213, Education Code. s 55523. Counseling and Advisement. (a) If not already required to do so by the minimum standards for counseling services set forth in section 51018 of division 1 of this Part, each community college district shall do all of the following: (1) make reasonable efforts to ensure that all nonexempt students who are on probation participate in counseling as provided in section 55759 of this Part; (2) make reasonable efforts to ensure that all nonexempt students who have not declared a specific educational goal participate in counseling to assist them in the process of selecting a specified educational goal pursuant to section 55525; (3) make reasonable efforts to ensure that all nonexempt students who are enrolled in pre-collegiate basic skills courses participate in counseling or advisement; and (4) make available to all students, as defined in section 55502(i), advisement or counseling on general academic requirements and the selection of specific courses by counselors or appropriately trained instructor/advisors, and/or other appropriately trained staff working in consultation with counselors. (b) Counseling by appropriately trained counselors or advisement by appropriately trained staff may also be made available in any other area the district deems appropriate, including but not limited to, the interpretation of assessment results and the development of a student's educational plan as required by section 55525. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code. s 55524. Assessment. The Chancellor shall establish and update, at least annually, a list of approved assessment instruments and guidelines for their use by community college districts. These guidelines shall identify modifications of an assessment instrument or the procedures for its use which may be made in order to provide special accommodations required by section 55522 without separate approval by the Chancellor. Such guidelines shall also describe the procedure by which districts may seek to have assessment instruments approved and added to the list. The Chancellor shall ensure that all assessment instruments included on the list minimize or eliminate cultural or linguistic bias, are normed on the appropriate populations, yield valid and reliable information, identify the learning needs of students, make efficient use of student and staff time, and are otherwise consistent with the educational and psychological testing standards of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education. Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78213, Education Code. s 55525. Student Educational Plan. (a) Each community college district shall establish a process for assisting students to select a specific educational goal within a reasonable time after admission as required by Section 55530 (d). This shall include, but not be limited to, the provision of counseling as required by Section 55523(a)(2). (b) Once a student has selected a specific educational goal, the district shall afford the student the opportunity to develop a student educational plan describing the responsibilities of the student, the requirements he or she must meet, and the courses, programs, and services required to achieve the stated goal. (c) The student educational plan developed pursuant to Subsection (b) shall be recorded in written or electronic form. The plan and its implementation shall be reviewed as necessary to ensure that it continues to accurately reflect the needs and goals of the student. (d) If a student believes the district has failed to make good faith efforts to develop a plan, has failed to provide services specified in the student educational plan, or has otherwise violated the requirements of this Section, the student may file a complaint pursuant to Section 55534 (a). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code. s 55526. Student Follow-up. Each community college district shall establish a student follow-up process to assist the student in achieving his/her educational goal. The follow-up system shall ensure that the academic progress of each student is regularly monitored to detect early signs of academic difficulty and students shall be provided with advice or referral to specialized services or curriculum offerings where necessary. Districts shall also identify and refer to counseling or advisement, as appropriate pursuant to section 55523(a), any students who have not declared a specific educational goal as required by section 55530, who are enrolled in pre-collegiate basic skills courses, or who have been placed on probation. Note: Authority cited: Sections 66700 and 70901, Educational Code. Reference: Section 78212, Education Code. s 55530. Student Rights and Responsibilities. (a) Nothing in this subchapter shall be construed to interfere with the right of a student admitted to a community college in accord with district admission policies adopted pursuant to Education Code sections 76000, et seq. to enroll in any course for which he or she can meet necessary and appropriate prerequisites, if any, which have been established pursuant to the requirements of article 2.5 (commencing with section 55200) of subchapter 1 of chapter 6. (b) Community college districts shall take steps to ensure that information is available in written form to all students during or prior to enrollment (e.g., during orientation) and is included in class schedules, catalogs or other appropriate publications, describing their rights and responsibilities under this subchapter. (c) Districts shall also take steps to ensure that the matriculation process is efficient so that students are not discouraged from participating in college programs. Whenever possible, students should be permitted to avoid additional testing by submitting scores on recently taken tests that correlate with those used by the district. (d) Students shall be required to express at least a broad educational intent upon admission; declare a specific educational goal within a reasonable period after admission; participate in counseling or advisement pursuant to section 55523(a)(1), (2), and (3); diligently attend class and complete assigned coursework; and complete courses and maintain progress toward an educational goal according to standards established by the district, consistent with the requirements of subchapter 9 (commencing with section 55750) of Chapter 6. The governing board of each community college district shall adopt clear written policies not inconsistent with law, specifically defining these responsibilities of students and the consequences of failure to fulfill such responsibilities. This policy shall define the period of time within which a student must identify a specific educational goal as required by this subdivision, provided however, that all students shall be required to declare such a goal during the term after which the student completes 15 semester units or 22 quarter units of degree-applicable credit course work, unless the district policy establishes a shorter period. Once the student has developed a specific educational goal, the district must provide the student with an opportunity to develop a student educational plan pursuant to section 55525. Student responsibilities shall also be identified in the student's educational plan developed pursuant to section 55525. If a student fails to fulfill the responsibilities listed in this subdivision, fails to cooperate with the district in the development of a student educational plan within 90 days after declaring his or her specific educational goal, or fails to abide by the terms of his or her student educational plan, the district may, subject to the requirements of this subchapter, suspend or terminate the provision of services authorized in section 55520, provided however, that nothing in this section shall be construed to permit a district to suspend or terminate any service to which a student is otherwise entitled under any other provision of law. (e) Information obtained from the matriculation process shall be considered student records and shall be subject to the requirements of subchapter 6 (commencing with section 54600) of chapter 5. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 76000, 76001 and 78212, Education Code. s 55532. Exemptions. (a) Community college districts may elect to exempt certain students from participation in orientation, assessment, counseling or advisement, as required by subsections (b), (c), or (d) of section 55520. Each such district shall establish policies specifying the grounds for exemption. Such policies shall be identified in the matriculation plan required under section 55510 and the number of students so exempted shall be reported, by category, to the Chancellor pursuant to section 55514. (b) District policies may exempt from orientation, assessment, counseling, or advisement any student who; has completed a associate degree or higher. (c) Any student exempted pursuant to this section shall be notified that he or she is covered by an exemption and shall be given the opportunity to choose whether or not to participate in that part of the matriculation process. (d) District policies may not use any of the following as the sole criterion for exempting any student who does not wish to participate: (1) the student has enrolled only in evening classes; (2) the student has enrolled in fewer than some specified number of units; (3) the student is undecided about his or her educational objectives; or (4) the student does not intend to earn a degree or certificate. (e) As part of the statewide evaluation provided for under subsection (c) of section 55512, the Chancellor shall analyze and recommend necessary changes regarding the impact on the matriculation program of the exemption policies adopted by community college districts. Note: Authority cited: Sections 66700, 70901, and 78215, Education Code.Reference: Section 78215, Education Code. s 55534. Violations, Waivers and Appeals. (a) Each community college district shall establish written procedures by which students may challenge any alleged violation of the provisions of this subchapter. Districts shall investigate and attempt to resolve any such complaints in a timely manner. Such complaint procedures may be consolidated with existing student grievance procedures by action of the governing board. Records of all such complaints shall be retained for at least three years after the complaint has been resolved and shall be subject to review by the Chancellor as part of the statewide evaluation required under section 55512(c). (b) When a challenge contains an allegation that a community college district has violated the provisions of section 55521(a)(6), the district shall, upon completion of the challenge procedure established pursuant to this section, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327. Note: Authority cited: Section 11138, Government Code; Sections 66700 and 70901, Education Code. Reference: Sections 11135-11139.5, Government Code; Sections 78211 and 78213, Education Code. s 55600. Definitions. For the purposes of this subchapter the following definitions apply: (a) "Vocational education contract" means a written agreement between any community college district and a contractor which meets standards prescribed herein to provide vocational instruction to students enrolled in community colleges. Such agreements shall also be required to comply with the provisions of article 5 (commencing with section 8090) of chapter 1, part 6 of the Education Code. (b) "The California State Plan for Vocational Education" means an official agreement between the United States Commissioner of Education and the California State Board of Education which provides standards, policies, and procedures that shall apply to the operation of various phases of vocational education to qualify for financial support from the Education Amendments of 1976 (Public Law 94-482 and 95-40), part A, Vocational Education, or any subsequent federal legislation. (c) "Contractor" as used in section 55602 means any private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700), and which has been in operation not less than two (2) full calendar years prior to the effective date of the contract, to provide vocational skill training authorized by the Education Code and this subchapter. (d) "Eligible costs" means all direct and indirect related instructional costs but does not include expenditures for capital outlay (6000 category in the California Community Colleges Budget and Accounting Manual). (e) "Public or private postsecondary educational institution in a neighboring state that borders on the district boundary" for purposes of Education Code section 8092.5 means a public or private institution which: (1) is located in a neighboring state that borders on the district boundary; and (2) is a contractor under subdivision (c); or (3) a private postsecondary school that meets standards established by the Chancellor. (f) "Qualified faculty of the district" for purposes of section 55630(e) may include persons who have entered into contracts with the district pursuant to section 58058(b). Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code. s 55601. Appointment of Vocational Education Advisory Committee by School District Participating in Vocational Education Program. The governing board of each community college district participating in a vocational education program shall appoint a vocational education advisory committee to develop recommendations on the program and to provide liaison between the district and potential employers. The committee shall consist of one or more representative of the general public knowledgeable about the disadvantaged, students, teachers, business, industry, school administration, and the field office of the Department of Employment Development. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55602. Authority to Contract. (a) Any community college district or districts may contract with a private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700) or described in Education Code section 8092.5 and which has been in operation not less than two full calendar years prior to the effective date of such contract to provide vocational skill training authorized by the Education Code and this subchapter. Any community college district may contract with an activity center, work activity center, or sheltered workshop to provide vocational skill training authorized by the Education Code in any adult education program for substantially handicapped persons operated pursuant to section 41976(a)(5) of the Education Code. (b) All contracts between a community college district and a private postsecondary school entered into pursuant to this section, or an activity center, work center, or sheltered workshop shall do all of the following: (1) Be approved by the Chancellor. (2) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the community colleges or the tuition the private postsecondary school charges its private students, whichever is lower. (3) Provide that the community college students receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the community college district for the purposes of apportionments from the State School Fund. (4) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Vocational Education, or is a course of study for adult schools approved by the Department of Education under section 51056 of the Education Code. (c) Meet the standards described in section 55620. (d) Include the terms and conditions described in section 55630. (e) The students who attend a private postsecondary school or an activity center, work activity center or sheltered workshop pursuant to a contract under this section shall be enrollees of the community college and the vocational instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting community college district. The Chancellor may audit the accounts of both the district and the private party involved in these contracts to the extent necessary to assure the integrity of the public funds involved. Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Part 6, Division 1, Section 70901 and Chapter 7 (commencing with Section 94700) of Part 59, Division 10, Education Code. s 55602.5. Contracts for Vocational Education for Students with Impaired Physical Capacity. Notwithstanding any provision in the Education Code to the contrary, the governing board of a community college district and a proprietary or nonprofit organization, a public entity, or a proprietary or nonprofit private corporation may enter into a contract for the education of community college students whose capacity to function is impaired by physical deficiency or injury in vocational education classes to be conducted for such students by the proprietary or nonprofit organization, the public entity, or the proprietary or nonprofit private corporation maintaining the vocational education classes. All instruction pursuant to this Section shall be approved of and supervised by the governing board of the community college district and shall be conducted by academic employees. The full-time equivalent student of such community college students attending classes under the provisions of this Section shall be credited to the community college district, and college credit may be granted to students who satisfactorily complete the course of instruction in such classes. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55603. Instructional Purpose. Contractors shall provide vocational, technical, and occupational instruction related to attainment of skills, knowledge, and attitudes so that students may be prepared for: (a) Gainful employment in the occupational area for which training was provided, or (b) Occupational upgrading so students will have higher level skills required by new and changing technology and employment practices, or (c) Enrollment in more advanced training programs. Note: Authority cited: Sections 8092, 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code. s 55604. Application for Approval. Note: Authority cited: Sections 8092, 71020, 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code. s 55605. Contract Approval and Limitations. Vocational education contracts entered into pursuant to section 55602 shall: (a) Not exceed one year; (b) Be approved by the Chancellor; (c) Include such details to explain and justify intended offerings. (d) Be maintained in conformity with applicable provisions of the Education Code, title 5 of the California Code of Regulations, the California Community Colleges Budget and Accounting Manual, and the California State Plan for Vocational Education; and (e) Be organized and administered by community college districts in such a manner that there will be separate accounts for all income and expenditures applicable to the contract. Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Article 5 (commencing with Section 8090), Chapter 1, Part 6, Division 1, Title 1, and Section 70901, Education Code. s 55606. Administration. s 55607. Reporting. All records related to district income and expenditures applicable to contracts with a contractor pursuant to section 55602 shall be made available for audit by the state or federal government and will be retained for five (5) years or one year after audited, whichever comes first. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Article 5 (commencing with section 8090), of chapter 1, part 6, division 1, title 1, Education Code. s 55608. Accounting Procedure. s 55620. Standards. The following conditions shall be used to determine the appropriateness of vocational education contracts with contractors: (a) Manpower needs and job opportunities are identified and established for the instruction program. (b) The program or courses do not unnecessarily duplicate offerings available in the region served. (c) The program or courses provide vocational education opportunities not otherwise available. (d) The programs or courses shall not reduce or supplant the vocational education efforts of any district. (e) Eligible costs shall not exceed the same cost to provide the same training in the public entity or the tuition the private postsecondary school charges its private students, whichever is lower. (f) The community college student may not be charged additional tuition for any training included in the contract. (g) Each student eligible for enrollment under a contract between a community college district and a contractor must: (1) have reached his or her sixteenth birthday and (2) be enrolled in a community college. (h) The contractor must be accredited by an accrediting agency recognized by the United States Office of Education or conform to guidelines on contractual relationships with nonaccredited organizations established by the agency accrediting the community college. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code. s 55630. Terms and Conditions. Each contract shall expressly include but not be limited to, the following provisions: (a) The governing board of the community college district has determined, by resolution, the appropriateness of offering the program through a contract with a contractor pursuant to Education Code section 78015. (b) Methods for identifying eligible costs and payment procedures for compliance with section 55602 subdivisions (b)(2) and (b)(3). (c) Procedures, terms and conditions relating to (1) enrollment period; (2) transfer of students between the community college district and contractor; (3) number of class hours sufficient to meet the stated performance objectives; (4) supervision and evaluation of students; and (5) withdrawal of students prior to completion of a course or program. (d) The contractor and the community college district will insure that ancillary and support services are provided for the students including, but not limited to (1) counseling and guidance, and (2) placement assistance. (e) Instruction provided under the immediate supervision and control of qualified faculty of the district. (f) Performance objectives for each instructional area and a report regarding accomplishment of the objectives at the end of each contract period. (g) Designation of responsibility to the contractor for maintaining records of student attendance and achievement. Such records shall be available for review at all times and submitted on a schedule developed by the community college district. (h) Terms and conditions relating to cancellation and termination of the contract. (i) The contractor is in compliance with title VI and title VII of the Civil Rights Act of 1964 (42 U.S.C. ss 2000d et seq. and 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. ss 1681 et seq.), section 504 of the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. s 794), the Americans with Disabilities Act of 1990 (42 U.S.C. s 12101 et seq.), the Age Discrimination Act (42 U.S.C. s 6101), the U.S. Presidential Executive Order 11246 and subsequent amendments (if applicable), California Fair Employment and Housing Act (Government Code ss 12900 et seq.), the California Unruh Civil Rights Act (Civil Code ss 51-53) and all applicable state and federal health and safety regulations. (j) The contractor provides, when required by law and at the contractor's own expense, workers' compensation insurance coverage for any student. (k) The contractor provides indemnity and defense for the state and the community college district and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense shall be provided by an appropriate hold harmless clause and a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the Board of Governors of the California Community Colleges, the State and the community college district, along with their respective officers and employees as additional insureds. (l) Minimum qualifications established by subchapter 4 (commencing with section 53400) of chapter 4 apply to persons who provide instruction under contracts entered into pursuant to Education Code section 8092.5, except that a district contracting for instruction under section 58058(b) may substitute a valid certificate to work or a license to practice in the neighboring state for a certificate to work or license to practice in California under section 53417. Note: Authority cited: Sections 8090, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code. s 55631. Terms and Conditions. Note: Authority cited: Sections 71020, 8092, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code. s 55650. Regulations Reference. Note: Authority cited: Section 8023, Education Code. Reference: Article 2, Chapter 1 (commencing with Section 8020), Division 1, Education Code. s 55675. Regulations Reference. Pursuant to the authority vested by section 3074 of the Labor Code, the State Board of Education, the Board of Governors of the California Community Colleges and the Division of Apprenticeship Standards have jointly issued regulations regarding excess costs to be borne by program sponsors. These regulations are set forth in article 10 (commencing with section 235) of subchapter 1 of chapter 2, division 1 of title 8, California Code of Regulations, and shall govern the calculation and payment of excess costs of apprenticeship classes which are maintained in connection with community colleges. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 3074, Labor Code. s 55700. Scope. The provisions of this article pertain to changes made on or after July 1, 1982, to any traditional academic year calendar consisting of at least 175 days of instruction and evaluation. The conversion to a flexible calendar operation is not addressed by the provisions of this article; rather, the provisions of article 2 (commencing with section 55720) govern the flexible calendar option. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55700.1. Studies on a Quarter System, Trimester Basis or Flexible Calendar. At the request of a community college district, the Chancellor may approve a program of studies on a quarter system or a trimester basis, or a flexible calendar. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55701. College and Academic Year. The "college year" begins on the first day of July and ends on the last day of June. The "academic year" means that portion of the college year during which the community college is maintained, which period shall include not less than the number of days required by regulations adopted by the Board of Governors. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55702. Approval of Changes. (a) Prior to any change in academic year configuration, including the addition, deletion, shortening or lengthening of any term, the governing board of a district shall obtain the approval of the Chancellor. (b) Requests for approval shall be made on a form provided by the Chancellor, and shall address: (1) A complete description of the calendar configuration; (2) The district's ability to comply with the 175-Day Rule as provided in section 58142; and (3) The educational implications, positive and negative, of the proposed change. (c) The Chancellor shall approve a requested change in academic year terms if it is found that: (1) The state aid implications of the requested change have been addressed; and (2) The district will be able to comply with the 175-Day Rule; and (3) The change in configuration is consistent with the continued delivery of quality education. Note: Authority cited: Sections 66700, 70901, and 84890, Education Code. Reference: Section 84890, Education Code. s 55720. Offering Classes Under Flexible Calendar; Accountability of Employees Under Contract for 175 Days; Activities. (a) Subject to the approval of the Chancellor pursuant to section 55724, a community college district may designate an amount of time in each fiscal year for employees to conduct staff, student, and instructional improvement activities. These activities may be conducted at any time during the fiscal year. The time designated for these activities shall be known as "flexible time." (b) A district with an approved flexible calendar may designate as flexible time for an employee not more than 8.57 percent of that employee's contractual obligation for hours of classroom instruction which are eligible for state apportionments in that academic year, exclusive of any intersessions. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code. s 55722. Schedule Configurations. A flexible calendar is a community college calendar and course scheduling plan pursuant to Section 84890 of the Education Code and Section 55720 of this Part which may include, but is not limited to, the following scheduling configurations: (a) 4-1-4 calendar comprised of two 16-week semesters with an intersession; (b) traditional semester or quarters with some or all courses scheduled irregularly with respect to the number of times the course meets per week or the number of hours the courses meet during the scheduled days; (c) modular scheduling for all or part of the courses within the traditional semester, quarter, or academic year; (d) courses scheduled for student enrollment on an open entry-open exit basis: (e) courses scheduled independently of any term configuration; or (f) a combination of any one or more of the configurations in subdivisions (a) through (e). Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code. s 55724. Request for Approval. (a) The governing board of a district wishing to conduct a flexible calendar pursuant to this article shall obtain the advance approval of the Chancellor. The request for approval shall be on a form provided by the Chancellor, and shall address at least the following: (1) A complete description of the calendar configuration. (2) The number of days of instruction and evaluation which will meet the requirements of the 175-Day Rule (Section 58120 of this part). (3) The number of days during which instructional staff will participate in staff, student, and instructional improvement activities in lieu of part of regular classroom instruction. (4) The activities which college personnel will be engaged in during their designated staff, student and instructional improvement days. Activities for college personnel may also include, but need not be limited to, the following: (A) course instruction and evaluation; (B) staff development, in-service training and instructional improvement. (C) program and course curriculum or learning resource development and evaluation; (D) student personnel services; (E) learning resource services; (F) related activities, such as student advising, guidance, orientation, matriculation services, and student, faculty, and staff diversity; (G) departmental or division meetings, conferences and workshops, and institutional research; (H) other duties as assigned by the district; (I) the necessary supporting activities for the above; (5) A certification that all college personnel, as defined, will be involved in at least one of the activities authorized in subsection (4). For the purposes of this section, "all college personnel" shall include any district employee specified by the district in its approved plan to participate in such activities; and (6) A certification that the district will fully implement the provisions of Section 55730, as well as a description of the current status of such implementation, and a timetable for completion of the initial implementation. (b) The Chancellor shall approve a request which is found to be complete and meets the requirements of law. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code. s 55726. Activities During Designated Days. (a) For each instructor specified by the district to participate in staff, student, and instructional improvement activities in lieu of classroom instruction the district shall enter into an agreement with such employee specifying the particular activities during the designated days which the instructor will perform in lieu of classroom instruction. The agreement shall also specify the number of classroom hours which are being substituted with such activities, and the number of hours the instructor is required to spend carrying out the in-lieu-of instruction activities. The required hours of in-lieu-of instruction activities must at least be equal to the sum of the classroom hours from which the instructor is released plus those out-of-classroom hours of responsibilities which will no longer need to be performed as the result of being released from classroom instruction. (b) For each employee specified by the district to participate in staff, student and instructional improvement activities during the designated days the district shall also maintain records on the type and number of activities assigned, and the number of such employees participating in these activities. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code. s 55728. Flexible Calendar Attendance Reporting. (a) On forms provided by the Chancellor, districts with approved flexible calendar operations shall report at least the following: (1) the total hours of classroom assignments (teaching time) which instructors specified in the district's approved plan were required to teach; (2) of the total in Subsection (a)(1), the total faculty contact hours of instruction for which staff, student, and instructional improvement activities are being substituted. This total of faculty contact hours shall further be reported in terms of credit and noncredit faculty contact hours of instruction; and (3) the number of faculty contact hours of instruction for which instruction during the designated days is being substituted. Such instruction during the designated days meeting the attendance accounting standards may be claimed for apportionment; and the faculty contact hours shall not be eligible for adjustment pursuant to Section 55729. (b) Districts with approved flexible calendar operations shall also report such additional data as deemed necessary by the Chancellor including any data necessary to compute the FTES adjustment specified in Section 55729. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code. s 55729. Full-Time Equivalent Student (FTES) Units; Adjustments to Reflect Activities; Computation by Multiplier Factor. (a) The Chancellor's Office shall adjust the actual units of full-time equivalent student of a district operating under a plan approved in accordance with this article to reflect the conduct of staff, student, and instructional improvement activities in lieu of scheduled instruction during flexible time. The adjusted units of full-time equivalent student shall be computed by multiplying the actual units of full-time equivalent student in the academic year, exclusive of any intersessions, computed pursuant to section 58003.1, by a factor which does not change the full-time equivalent student which would have otherwise been generated if the time for the improvement activities had not been permitted and scheduled instruction had instead taken place. (b) For courses other than those described in subdivision (b) of section 58003.1, the multiplier factor shall equal the sum of the following: (1) 1.0; and (2) the total of all the actual hours of flexible time of all instructors pursuant to section 55720 in the fiscal year, divided by the total of all the actual hours of classroom instruction of all instructors in the academic year, exclusive of any intersessions. (c) For those courses described in subdivision (b) of section 58003.1, this multiplier factor shall equal the term length multiplier applicable to the district. (d) The Chancellor shall also withhold the appropriate amount of state aid whenever there is a final audit finding that an instructor did not spend at least as much time performing staff, student, and instructional improvement activities as the amount of time he or she was released from classroom instruction. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55730. Ongoing Responsibilities of Districts. A district conducting an approved flexible calendar shall do all of the following to ensure effective use of resources during flex days: (a) conduct and annually update a survey of the most critical staff, student, and instructional improvement needs in the district; (b) develop and carry out a plan of activities to address the critical needs; (c) maintain records on the description, type and number of activities scheduled and the number of district employees and students participating in these activities; (d) evaluate annually the effectiveness of conducted activities and update the plan to reflect needed changes; (e) appoint and hold regular meetings of an advisory committee composed of faculty, students, administrators and other interested persons to make recommendations on staff, student, and instructional improvement activities; and (f) provide, upon request of the Chancellor, copies of documents and information specified in Subsections (a) through (d), inclusive. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code. s 55732. Ongoing Responsibilities of the Chancellor. The Chancellor shall: (a) Adjust state aid for districts with approved flexible calendar operations in accordance with the provisions of section 55729 of this Part; (b) Periodically review documentation from selected districts to determine whether they are in compliance with the provisions of sections 55726, 55728, and 55730, and to determine whether they are conducting their flexible calendar operations in a manner consistent with the approved requests. Districts which are found to be out of compliance shall be notified and be given an opportunity to respond; and (c) Terminate approval of any flexible calendar operation if it is found that the district has, without good cause: (1) failed to conduct its flexible calendar operation in a manner consistent with its approved request; (2) failed to carry out the responsibilities specified in section 55726; or (3) failed to meet its ongoing responsibilities as specified in section 55730. Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code. s 55750. Regulations. The governing board of a district maintaining a community college shall adopt regulations consistent with this chapter. The regulations shall be published in the college catalog under appropriate headings and filed with the Chancellor's Office as required by section 51002 of this part. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55751. Grading Practices. Each governing board maintaining one or more community colleges shall determine a uniform grading practice for the district which shall be based on sound academic principles and conform to the following standards: (a) Work in all courses acceptable in fulfillment of the requirements for an associate or baccalaureate degree, a certificate, diploma or license shall be graded in accordance with a grading scale adopted by the governing board consistent with section 55758. (b) Such work shall also be graded in accordance with the provisions of section 55752 or section 55753. Note: Authority cited: Sections 66700, 70901, 71020, and 71024, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55752. Credit-No Credit Options. (a) The governing board of a district maintaining a community college may by resolution and regulation offer courses in either or both of the following categories and shall specify in its catalog the category into which each course falls: (1) Courses wherein all students are evaluated on a "credit-no credit" basis. (2) Courses wherein each student may elect on registration, or no later than the end of the first 30% of the term, whether the basis of evaluation is to be "credit-no credit" or a letter grade. (b) All units earned on a "credit-no credit" basis in accredited California institutions of higher education or equivalent out-of-state institutions shall be counted in satisfaction of community college curriculum requirements. (c) Units earned on a "credit-no credit" basis shall not be used to calculate grade point averages. However, units attempted for which "NC" (as defined in section 55758) is recorded shall be considered in probation and dismissal procedures. (d) Independent study courses offered in accordance with sections 55300-55352 of this part may be graded on a "credit-no credit" basis in accordance with subdivision (a) of this section. (e) When a district offers courses in which there is a single standard of performance for which unit credit is assigned, the "CR/NC" grading system shall be used to the exclusion of other grades. Credit shall be assigned for meeting that standard, no credit for failure to do so. Note: Authority cited: Sections 70901 and 71020, Education Code. Reference: Section 70901, Education Code. s 55753. Credit by Examination. (a) The governing board of each community college district shall adopt and publish procedures and regulations pertaining to credit by examination in accordance with the provisions of this Subchapter. (b) The governing board may grant credit to any student who satisfactorily passes an examination approved or conducted by proper authorities of the college. Such credit may be granted only to a student who is registered at the college and in good standing and only for a course listed in the catalog of the community college. (c) The nature and content of the examination shall be determined solely by faculty in the discipline that normally teaches the course for which credit is to be granted in accordance with policies and procedures approved by the curriculum committee established pursuant to Section 55002. The faculty shall determine that the examination adequately measures mastery of the course content as set forth in the outline of record. The faculty may accept an examination conducted at a location other than the community college for this purpose. (d) A separate examination shall be conducted for each course for which credit is to be granted. Credit may be awarded for prior experience or prior learning only in terms of individually identified courses for which examinations are conducted pursuant to this section. (e) The student's academic record shall be clearly annotated to reflect that credit was earned by examination. (f) Grading shall be according to the regular grading scale approved by the governing board pursuant to Section 55758, except that students shall be offered a credit-no credit option if that option is ordinarily available for the course. (g) Units for which credit is given pursuant to the provisions of this section shall not be counted in determining the 12 semester hours of credit in residence required for an associate degree. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55753.5. Articulation of High School Courses. (a) For purposes of this section, the term "articulated high school course" means a high school course or courses that the faculty in the appropriate discipline, using policies and procedures approved by the curriculum committee established pursuant to section 55002, have determined to be comparable to a specific community college course. (b) The governing board of a community college district may adopt policies to permit articulated high school courses to be applied to community college requirements in accordance with this section. Articulated high school courses may be accepted in lieu of comparable community college courses to partially satisfy: (1) requirements for a certificate program, including the total number of units required for the certificate; or, (2) the major requirements in a degree program. (c) Articulated high school courses used to partially satisfy certificate or major requirements shall be clearly noted as such on the student's academic record. Notations of community college course credit shall be made only if community college courses are successfully completed or if credit is earned via credit by examination. (d) Except through credit by examination, as defined in section 55753, high school courses may not be used to satisfy: (1) the requirement of section 55806 that students complete at least 60 semester or 90 quarter units in order to receive an associate degree; or, (2) any general education requirement for the associate degree established by the district. (e) All community college district-high school articulation agreements shall be subject to the provisions of this section. However, any student who, prior to the date this section takes effect, has successfully completed a high school course articulated under the terms of a previous agreement shall be permitted to apply the credit so earned according to the terms of the previous agreement. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code. s 55753.7. Advanced Placement Examinations. The governing board of a community college district may adopt policies to grant credit for satisfactory completion of advanced placement examinations typically recognized by colleges and universities as measuring competencies comparable to those achieved in baccalaureate level courses. The faculty in the appropriate discipline must approve advanced placement examinations, scores deemed to constitute satisfactory performance, courses offered by the college for which credit will be granted, and requirements that may be met by such examinations in accordance with policies and procedures approved by the curriculum committee established pursuant to section 55002. The student's academic record shall be clearly annotated to reflect that credit was earned through an advanced placement examination. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code. s 55754. Standards for Probation. (a) Academic probation. A student who has attempted at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on academic probation if the student has earned a grade point average below 2.0 in all units which were graded on the basis of the grading scale described in section 55758. (b) Progress probation. A student who has enrolled in a total of at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on progress probation when the percentage of all units in which a student has enrolled and for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded reaches or exceeds fifty percent (50%). (c) The governing board of a community college district may adopt standards for probation not lower than those standards specified in subsections (a) and (b) of this section. Specifically: (1) A district may establish, as the minimum number of units before academic or progress probation is assessed, a number of units fewer than 12 semester or 18 quarter units; or (2) A district may establish, as the minimum grade point average for academic probation purposes, a grade point average greater than 2.0; or (3) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55755. Removal from Probation. (a) A student on academic probation for a grade point deficiency shall be removed from probation when the student's accumulated grade point average is 2.0 or higher. (b) A student on progress probation because of an excess of units for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded shall be removed from probation when the percentage of units in this category drops below fifty percent (50%). (c) The governing board of a district shall adopt and publish procedures and conditions for probation and appeal of probation and request for removal from probation. Such procedures and conditions may establish standards not lower than those standards specified in subsections (a) and (b) of this section. Specifically: (1) A district may establish, as a minimum grade point average for removal from academic probation, a grade point average greater than 2.0; or (2) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55756. Standards for Dismissal. For purposes of this section, semesters or quarters shall be considered consecutive on the basis of the student's enrollment (i.e., a fall quarter followed by a spring quarter shall be considered consecutive if the student was not enrolled in the winter quarter of that academic year). (a) A student who is on academic probation shall be subject to dismissal if the student earned a cumulative grade point average of less than 1.75 in all units attempted in each of 3 consecutive semesters (5 consecutive quarters) which were graded on the basis of the grading scale described in section 55758. (b) A student who has been placed on progress probation shall be subject to dismissal if the percentage of units in which the student has been enrolled for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded in at least 3 consecutive semesters (5 consecutive quarters) reaches or exceeds fifty percent (50%) in accordance with section 55754. (c) The governing board of a district shall adopt and publish procedures and conditions for dismissal and appeal of dismissal and request for reinstatement. Such procedures and conditions may establish standards not lower than the standards specified in subsections (a) and (b) of this section. Specifically: (1) A district may establish, as the minimum cumulative grade point average for dismissal purposes, a grade point average greater than 1.75; or (2) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%), or (3) A district may establish, as a minimum number of consecutive semesters or quarters, a number fewer than 3 consecutive semesters or 5 consecutive quarters. (d) The district board shall adopt rules setting forth the circumstances that shall warrant exceptions to the standards for dismissal herein set forth and shall file a copy of such rules with the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55756.5. Remedial Coursework Limit. (a) This section implements and should be read in conjunction with the provisions of section 68 of chapter 973 of the Statutes of 1988, relating to the establishment of a limit on the amount of remedial coursework community college students may take. For the purposes of this section, "remedial coursework" refers to precollegiate basic skills courses as defined in subdivision (d) of section 55502. (b) A student's need for remedial coursework shall be determined using appropriate assessment instruments, methods, or procedures administered pursuant to subchapter 6 (commencing with section 55500) of chapter 6. However, except as provided in subdivision (c) of this section, no student shall receive more than 30 semester units (or 45 quarter units) of credit for remedial coursework. Students having exhausted the unit limitation shall be referred to appropriate adult noncredit education services provided by a college, adult school, community-based organization, or other appropriate local provider with which the district has an established referral agreement. (c) The following students are exempted from the limitation on remedial coursework described in subdivision (b) of this section: (1) Students enrolled in one or more courses of English as a Second Language (ESL); (2) Students identified by the district as having a learning disability as defined in section 56036. (d) The governing board of a district may provide a waiver of the limitation on remedial coursework with respect to any student who shows significant, measurable progress toward the development of skills appropriate to his or her enrollment in college-level courses. Such waivers, if granted, shall be provided pursuant to locally developed standards which are reviewed and approved by the governing board. The standards shall include provisions which ensure that waivers are only given for specified periods of time or for specified numbers of units. (e) A student who does not attain full eligibility status for college-level work within the limit described in subdivision (b) of this section shall, unless provided with a waiver, be dismissed and referred to adult noncredit education courses. (f) A student may, upon successful completion of appropriate "remedial coursework," or upon demonstration of skills levels which will reasonably assure success in college-level courses, request reinstatement to proceed with college-level coursework. (g) The governing board of each district shall submit, through the established Management Information System, information necessary to enable the Chancellor to determine the following: (1) The effect of this section on students by sex, age, and ethnicity; (2) Success rates for students enrolled in "remedial coursework;" (3) Attrition rates for students enrolled in "remedial coursework;" (4) Rates at which students are referred to and enroll in adult noncredit instruction; (5) Rates at which students who are referred to adult noncredit instruction subsequently enroll in college-level courses; (6) Term-to-term persistence rates for students; (7) Rates at which students directly enter employment after completing remedial coursework; (8) The extent to which students are exempted from the limitation specified in subdivision (b); (9) The extent to which students receive waivers, as authorized by subdivision (d); and (10) The rate at which students are dismissed as described in subdivision (e). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84500, Education Code; and Statutes of 1988, Chapter 973, Section 68. s 55757. Units Attempted. For the purposes of sections 55754 and 55756, "all units attempted" means all units of credit for which the student is enrolled in the current community college of attendance. The governing board of each district shall adopt rules and regulations governing the inclusion in or exclusion of units in which a student did not receive a grade or "credit-no credit" or from which the student withdrew in accordance with rules adopted by the district governing board. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55758. Academic Record Symbols and Grade Point Average. (a) Grades from a grading scale shall be averaged on the basis of the point equivalencies to determine a student's grade point average using only the following evaluative symbols, except as provided in subsections (b) and (c): Symbol Definition Grade Point A Excellent 4 B Good 3 C Satisfactory 2 D Passing, less than satisfactory 1 F Failing 0 CR Credit (at least satisfactory - units awarded not counted in GPA) NC No Credit (less than satisfactory, or failing -units not counted in GPA) (b) The governing board of a community college district may use "plus" and "minus" designations in combination with letter grades, except that the grade of C minus shall not be used. If pluses and minuses are used, the grade point value of a plus shall be computed by adding 0.3 to the value assigned to the letter grade with which it is combined, and the grade point value of a minus shall be computed by subtracting 0.3 from the value assigned to the letter grade with which it is combined, except that no grade point value shall be less than 0 or greater than 4.0. (c) Regardless of whether the governing board elects to use plus and minus grading, it may provide for the use of the "FW" grade symbol to indicate that a student has both ceased participating in a course some time after the last day to officially withdraw from the course without having achieved a final passing grade, and that the student has not received district authorization to withdraw from the course under extenuating circumstances. The "FW" symbol may not be used if a student has qualified for and been granted military withdrawal. If "FW" is used, its grade point value shall be zero (0). (d) The governing board for each community college district shall publish the point equivalencies for the grades used in subsection (a) or subsections (a) and (b) (if pluses and minuses are used) in the catalog or catalogs of that community college district as a part of its grading practices. In the event the governing board chooses to use the "FW" described in subsection (c), it shall be included in the grading scale and point equivalencies published in the catalog. (e) The governing board of each community college district may authorize the use under specified controls and conditions of only the following nonevaluative symbols: Symbol Definition I Incomplete: Incomplete academic work for unforeseeable, emergency and justifiable reasons at the end of the term may result in an "I" symbol being entered in the student's record. The condition for the removal of the "I" shall be stated by the instructor in a written record. This record shall contain the conditions for the removal of the "I" and the grade assigned in lieu of its removal. This record must be given to the student with a copy on file with the registrar until the "I" is made up or the time limit has passed. A final grade shall be assigned when the work stipulated has been completed and evaluated, or when the time limit for completing the work has passed. The "I" may be made up no later than one year following the end of the term in which it was assigned. The "I" Symbol shall not be used in calculating units attempted nor for grade points. The governing board shall provide a process whereby a student may petition for a time extension due to unusual circumstances. IP In progress: The "IP" symbol shall be used only in those courses which extend beyond the normal end of an academic term. It indicates that work is "in progress," but that assignment of an evaluative symbol (grade) must await its completion. The "IP" symbol shall remain on the student's permanent record in order to satisfy enrollment documentation. The appropriate evaluative symbol (grade) and unit credit shall be assigned and appear on the student's permanent record for the term in which the course is completed. The "IP" shall not be used in calculating grade point averages. If a student enrolled in an "open-entry, open-exit" course is assigned an "IP" at the end of an attendance period and does not re-enroll in that course during the subsequent attendance period, the appropriate faculty will assign an evaluative symbol (grade) in accordance with subsection (a) of this part to be recorded on the student's permanent record for the course. RD Report Delayed: The "RD" symbol may be assigned by the registrar only. It is to be used when there is a delay in reporting the grade of a student due to circumstances beyond the control of the student. It is a temporary notation to be replaced by a permanent symbol as soon as possible. "RD" shall not be used in calculating grade point averages. W Withdrawal: The governing board of a district which decides to provide a withdrawal procedure shall adopt a policy consistent with the following: Withdrawal from a class or classes shall be authorized through the last day of the fourteenth week of instruction (or 75% of a term, whichever is less). The governing board, however, may establish a final withdrawal date which prohibits withdrawal after a designated point in time between the end of the fourth week of instruction (or 30% of a term, whichever is less) and the last day of the fourteenth week of instruction (or 75% of a term, whichever is less). The academic record of a student who remains in a class beyond the time allowed by district policy must reflect a symbol as authorized in this Section other than a "W." The governing board may by regulation authorize withdrawal from a class or classes in extenuating circumstances after the last day of the fourteenth week (or 75% of the term, whichever is less) upon petition of the student or his or her representative and after consultation with the instructor(s) or appropriate faculty. Extenuating circumstances are verified cases of accidents, illnesses or other circumstances beyond the control of the student. No notation ( "W" or other) shall be made on the academic record of the student who withdraws during the first four weeks or 30% of a term, whichever is less. The governing board may establish a period of time shorter than the first four weeks or 30% of a term, during which no notation shall be made. Withdrawal between the end of the fourth week (or such time as established by the district) and the last day of the fourteenth week of instruction (or 75% of a term, whichever is less) shall be authorized after informing the appropriate faculty. Withdrawal after the end of the fourteenth week (or 75% of a term, whichever is less) when the district has authorized such withdrawal in extenuating circumstances, after consultation with appropriate faculty, shall be recorded as a "W." For purposes of withdrawal policies, the term "appropriate faculty" means the instructor of each course in question or, in the event the instructor cannot be contacted, the department chair or equivalent faculty officer. The "W" shall not be used in calculating grade point averages, but excessive "W"s (as defined in Sections 55754 and 55756 of this part) shall be used as factors in probation and dismissal procedures. Within these guidelines, criteria for withdrawal and the procedures to accomplish it shall be established by governing boards and published in college catalogs. A district's responsibilities with respect to enrollment or attendance accounting shall not be modified or superseded in any way by adoption of a withdrawal policy. MW Military Withdrawal: The governing board of a district which decides to provide a withdrawal policy shall also adopt military withdrawal procedures consistent with the following: "Military Withdrawal" occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a withdrawal symbol may be assigned at any time after the period established by the governing board during which no notation is made for withdrawals. The withdrawal symbol so assigned may be a "W" or, if necessary to distinguish military withdrawals, may be a "MW." Military withdrawals shall not be counted in progress probation and dismissal calculations. "W"s incurred during the period between January 1, 1990 and the effective date of this paragraph, which meet the definition of military withdrawal herein, shall not be counted in progress probation and dismissal calculations and may be changed to "MW"s. In no case would a military withdrawal result in a student being assigned an "FW" grade. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55758.5. Grade Point Averaging. (a) This section augments and should be read in conjunction with Section 55758 relating to academic record symbols and grade point average. (b) In calculating students' degree applicable grade point averages, grades earned in nondegree credit courses shall not be included. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55759. Notification of Probation and Dismissal. Each community college shall make reasonable efforts to notify a student subject to academic probation or dismissal at or near the beginning of the semester or quarter in which it will take effect but, in any case, no later than the start of the fall semester or quarter. Each community college shall also make a reasonable effort to provide counseling and other support services to a student on probation to help the student overcome any academic difficulties. Each community college shall make reasonable efforts to notify a student of removal from probation or reinstatement after dismissal within timelines established by the district. Probation and dismissal policies and procedures shall be published in the college catalog. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55760. Grade Changes. (a) In any course of instruction in a community college district for which grades are awarded, the instructor of the course shall determine the grade to be awarded each student in accordance with section 55758 of this chapter. The determination of the student's grade by the instructor shall be final in the absence of mistake, fraud, bad faith, or incompetency. Procedures for the correction of grades given in error shall include expunging the incorrect grade from the record. (b) The governing board of a district shall adopt and publish procedures and regulations pertaining to the repetition of courses for which substandard work has been recorded in accordance with sections 55761 and 55762. When grade changes are made in accordance with these sections, appropriate annotations of any courses repeated shall be entered on the student's permanent academic record in such a manner that all work remains legible, insuring a true and complete academic history. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 76224, Education Code. s 55761. District Policy for Course Repetition. The governing board of a district maintaining a community college shall adopt and publish procedures or regulations pertaining to the repetition of courses for which substandard work has been recorded. For purposes of course repetition, academic renewal, and all other related provisions in this division, the term "substandard" shall be defined as meaning course work for which the grading symbols "D," "F," "FW," and/or "NC" (as defined in section 55758) have been recorded. The procedures or regulations may allow such courses to be repeated and the previous grade and credit to be disregarded in the computation of grade point averages. When course repetition occurs, the permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55762. Course Repetition: Implementation. In adopting procedures or regulations pertaining to the repetition of courses for which substandard academic performance has been previously recorded, the governing board of a district maintaining a community college: (a) Shall not adopt any regulation or procedure which conflicts with: (1) Education Code section 76224, pertaining to the finality of grades assigned by instructors, and (2) Chapter 2.5 (commencing with section 59020) of Division 10 of this part, pertaining to the retention and destruction of records and particularly subdivision (d) of section 59023, relating to the permanency of certain student records; (b) May permit repetition of any course which was taken in an accredited college or university and for which substandard academic performance as defined in section 55761 is recorded; (c) Shall, when adopted procedures or regulations permit course repetition, indicate any specific courses or categories of courses which are exempt from consideration under these regulations; (d) Shall clearly indicate any courses repeated under the provisions of this section and section 55761 on the student's permanent academic record, using an appropriate symbol; (e) Shall, when adopted procedures or regulations permit course repetition, publish specific procedures to implement this section; (f) May, in determining transfer of a student's credits, honor similar, prior course repetition actions by other accredited colleges and universities; and (g) Shall maintain a careful record of actions taken under course repetition procedures or regulations adopted in compliance with this section and section 55761, since periodic reports may be required by the Chancellor. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code. s 55763. Course Repetition: Special Circumstances. (a) The governing board of a district may adopt procedures or regulations pertaining to the repetition of courses for which substandard work has not been recorded. (b) Except as provided in Subsection (c), repetition of courses for which substandard work has not been recorded shall be permitted only upon petition of the student and with the written permission of the governing board or its designee based on a finding that circumstances exist which justify such repetition. Grades awarded for courses repeated under the provisions of this subsection shall not be counted in calculating a student's grade point average. (c) If a district permits repetition of courses where substandard work has not been recorded, repetition shall be permitted, without petition, in instances when such repetition is necessary for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment. Such courses must conform to all attendance accounting, course approval, and other requirements imposed by applicable provisions of law. Such courses may be repeated for credit any number of times, regardless of whether or not substandard work was previously recorded, and the grade received each time shall be included for purposes of calculating the student's grade point average. The governing board of a district may establish policies and procedures requiring students to certify or document that course repetition is necessary to complete legally mandated training pursuant to this subsection. (d) When course repetition under this section occurs, the student's permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history. Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code. s 55764. District Policy for Academic Renewal Without Course Repetition. The governing board of a district maintaining a community college shall adopt and publish procedures or regulations pertaining to the alleviation of previously recorded substandard academic performance, as defined in section 55761, which is not reflective of a student's demonstrated ability. Such procedures or regulations shall include a clear statement of the educational principles upon which they are based, and shall be referred to as academic renewal regulations. When academic renewal procedures or regulations adopted by the districts permit previously recorded, substandard course work to be disregarded in the computation of grade point averages, the permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history. Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Sections 70901, 70902 and 76224, Education Code. s 55765. Academic Renewal Without Course Repetition: Implementation. In adopting procedures or regulations pertaining to the alleviation of previously recorded, substandard academic performance, as defined in section 55764, which is not reflective of a student's demonstrated ability, the governing board of a district maintaining a community college: (a) Shall not adopt any regulation or procedure which conflicts with: (1) Education Code section 76224, pertaining to the finality of grades assigned by instruction, and (2) Chapter 2.5 (commencing with section 59020) of division 10 of this part pertaining to the retention and destruction of records, and particularly subdivision (d) of section 59023, relating to the permanency of certain student records. (b) Shall, when the adopted procedures or regulations permit such alleviation, state: (1) The maximum amount of coursework that may be alleviated; (2) The amount of academic work to have been completed at a satisfactory level (minimum 2.00) subsequent to the coursework to be alleviated; (3) The length of time to have elapsed since the coursework to be alleviated was recorded; and (4) A description of any specific courses and/or categories of courses that are, for any reason, exempt from consideration under the alleviation regulations. (c) Shall, when the adopted procedures or regulations permit such alleviation, publish specific procedures to be followed in implementing procedures or regulations adopted pursuant to this section and section 55764 stating, at a minimum: (1) The procedures to be followed by students in petitioning for alleviation; and (2) The officers and/or personnel responsible for implementing the procedures or regulations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code. s 55800. Regulations. The governing board of community college districts shall adopt policy consistent with the provisions of this chapter. The policy shall be published in the college catalog under appropriate headings, and filed with the Chancellor's Office as required by section 51004 of this part. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code. s 55800.5. Minimum Credit Hours for Graduation from Two-Year Course. An associate degree shall be awarded to any student who successfully completes the prescribed course of study for the degree while maintaining the requisite grade point average, the course of study required for the student's major, and any required academic elective courses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55801. Definitions. For the purpose of this chapter, "satisfactorily completed" means either credit earned on a "credit-no credit" basis or a grade point average of 2.0 or better in community college credit courses in the curriculum upon which the degree is based. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55802. Associate in Arts Degree (Applicable Until July 1, 1983). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code. s 55803. Associate in Science Degree (Applicable Until July 1, 1983). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code. s 55805. Philosophy and Criteria for Associate Degree and General Education. (a) The governing board of a community college district shall adopt policy which states its specific philosophy on General Education. In developing this policy governing boards shall consider the following policy of the Board of Governors: The awarding of an Associate Degree is intended to represent more than an accumulation of units. It is to symbolize a successful attempt on the part of the college to lead students through patterns of learning experiences designed to develop certain capabilities and insights. Among these are the ability to think and to communicate clearly and effectively both orally and in writing; to use mathematics; to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems; and to develop the capacity for self-understanding. In addition to these accomplishments, the student shall possess sufficient depth in some field of knowledge to contribute to lifetime interest. Central to an Associate Degree, General Education is designed to introduce students to the variety of means through which people comprehend the modern world. It reflects the conviction of colleges that those who receive their degrees must possess in common certain basic principles, concepts and methodologies both unique to and shared by the various disciplines. College educated persons must be able to use this knowledge when evaluating and appreciating the physical environment, the culture, and the society in which they live. Most importantly, General Education should lead to better self-understanding. In establishing or modifying a general education program, ways shall be sought to create coherence and integration among the separate requirements. It is also desirable that general education programs involve students actively in examining values inherent in proposed solutions to major social problems. (b) The governing board of a community college district shall also establish criteria to determine which courses may be used in implementing its philosophy on the associate degree and general education. (c) The governing board of a community college district shall, on a regular basis, review the policy and criteria established pursuant to subsections (a) and (b) of this section. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code. s 55805.5. Types of Courses Appropriate to the Associate Degree. The criteria established by the governing board of a community college district to implement its philosophy on the associate degree shall permit only courses that conform to the standards specified in section 55002(a) and that fall into the following categories to be offered for associate degree credit: (a) All lower division courses accepted toward the baccalaureate degree by the California State University or University of California or designed to be offered for transfer. (b) Courses that apply to the major in non-baccalaureate occupational fields. (c) English courses not more than one level below the first transfer level composition course, typically known as English 1A. Each student may count only one such course as credit toward the associate degree. (d) All mathematics courses above and including Elementary Algebra. (e) Credit courses in English and mathematics taught in or on behalf of other departments and which, as determined by the local governing board require entrance skills at a level equivalent to those necessary for the courses specified in subsections (c) and (d) above. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code. s 55806. Minimum Requirements for the Associate Degree. The governing board of a community college district shall confer the degree of associate in arts or associate in science upon a student who has demonstrated competence in reading, in written expression, and in mathematics, and who has satisfactorily completed at least 60 semester units or 90 quarter units of college work. "College work" is defined as college credit courses acceptable toward the associate degree which have been properly approved pursuant to section 55002(a), or those courses that were not completed at a California community college district that would reasonably be expected to meet the standards of section 55002(a) if they were offered by a California community college district. This course work requirement must be fulfilled in a curriculum accepted toward the degree by a college within the district (as shown in its catalog). It must include at least 18 semester or 27 quarter units in general education and at least 18 semester or 27 quarter units in a major as prescribed in this section. Of the required units, at least 12 semester or 18 quarter units must be completed in residence at the college granting the degree. Exceptions to residence requirements for the associate degree may be made by the governing board when it determines that an injustice or undue hardship would be placed on the student. (a) Major Requirements. At least 18 semester or 27 quarter units of study taken in a single discipline or related disciplines, as listed in the community colleges "Taxonomy of Programs," shall be required. (b) General Education Requirements. (1) Students receiving an associate degree shall complete a minimum of 18 semester or 27 quarter units of general education, including a minimum of three semester or four quarter units in each of the areas (A), (B) and (C) and the same minimum in each part of (D). The remainder of the unit requirement is also to be selected from among these four divisions of learning or as determined by local option: (A) Natural Sciences. Courses in the natural sciences are those which examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be designed to help the student develop an appreciation and understanding of the scientific method, and encourage an understanding of the relationships between science and other human activities. This category would include introductory or integrative courses in astronomy, biology, chemistry, general physical science, geology, meteorology, oceanography, physical geography, physical anthropology, physics and other scientific disciplines. (B) Social and Behavioral Sciences. Courses in the social and behavioral sciences are those which focus on people as members of society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and should promote appreciation of how societies and social subgroups operate. This category would include introductory or integrative survey courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology and related disciplines. (C) Humanities. Courses in the humanities are those which study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people throughout the ages and in different cultures have responded to themselves and the world around them in artistic and cultural creation and help the student develop aesthetic understanding and an ability to make value judgments. Such courses could include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion. (D) Language and Rationality. Courses in language and rationality are those which develop for the student the principles and applications of language toward logical thought, clear and precise expression and critical evaluation of communication in whatever symbol system the student uses. 1. English Composition. Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing. 2. Communication and Analytical Thinking. Courses fulfilling the communication and analytical thinking requirement include oral communication, mathematics, logic, statistics, computer languages and programming, and related disciplines. (2) While a course might satisfy more than one general education requirement, it may not be counted more than once for these purposes. A course may be used to satisfy both a general education requirement and a major requirement. Whether it may be counted again for a different degree requirement is a matter for each college to determine. Students may use the same course to meet a general education requirement for the associate degree and to partially satisfy a general education requirement at the California State University, if such course is accepted by that system to satisfy a general education requirement. (3) Ethnic Studies will be offered in at least one of the required areas. (c) The provisions of this section shall be applicable to all students who enter a community college on or after July 1, 1983, provided that a governing board may specify an earlier implementation date pursuant to subdivision (b) of section 55810. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55807. Conversion to Credit. Upon student petition to and certification by a governing board of credit-level achievement and prescribed academic rigor, and evidence of prescribed competence as approved by the faculty, noncredit courses may count toward associate degrees. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 78405, Education Code. s 55808. Certificate of Achievement. The governing board of a community college district shall issue a certificate of achievement to any student whom the governing board determines has completed successfully any course of study or curriculum for which a certificate of achievement is offered. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code. s 55809. Duty to Grant Diploma. The governing board of a community college district shall award the appropriate diploma, degree or certificate whenever a student has completed all requirements for the degree, diploma or certificate without regard to the length of time actually taken by the student to complete such requirements. The governing board shall grant to any student, who has satisfactorily completed the requirements of any course of study in less than the prescribed time, credit for the full number of semester hours scheduled for such course. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code. s 55810. Implementation by Governing Boards. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code. s 55825. Responsibilities of District Governing Boards. The governing board of a community college district planning the formation of a new college or educational center as defined in section 55827 shall employ and comply with the standards contained in sections 55829, 55830 and 55831 of this chapter. Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code. s 55827. Definitions. (a) College. As used in this Chapter, "college" means a degree-granting institution intended to provide instruction through the second year of college, including but not limited, to one or more of the following categories: (1) standard collegiate courses for transfer to higher institutions; (2) vocational and technical fields leading to employment; or (3) general or liberal arts courses for which institution the district intends to obtain accreditation. (b) Educational Center. As used in this Chapter, "educational center" means a postsecondary operation established and administered by an existing college or district at a location away from the campus of the parent institution. An educational center is an operation planned to continue for three or more years and expected to enroll over 500 FTES by the third year of operation. The center typically has an on-site administrator and may offer programs leading to certificates and/or degrees conferred by the parent institution. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 66700, Education Code. s 55828. Responsibilities of the Chancellor's Office, Community College Districts and the Board of Governors. (a) The Chancellor's Office shall maintain an inventory of all off-campus programs and facilities in the community colleges. This inventory shall be updated annually, and shall be distributed to each community college district and the Postsecondary Education Commission for use in planning activities. (b) The Chancellor's Office shall develop procedures to identify and review plans for new colleges and new educational centers within the district's Five-Year Academic and Capital Outlay Master Plans. (c) Community college districts shall prepare and submit to the Chancellor's Office proposals for new colleges and new educational centers as defined in this chapter. These proposals should contain at least the following elements: (1) Assessment of Needs and Preferences (section 55829), (2) Identification of Objectives (section 55830), and (3) Analysis of Alternative Delivery Systems (section 55831). (d) The Chancellor's Office shall review each proposed new college and new educational center and shall recommend approval or disapproval to the Board of Governors. The Chancellor's Office analysis of these proposals shall stress inter-district concerns and evaluation of the delivery system proposed. (e) The Board of Governors shall approve or disapprove each new college or educational center and transmit its findings to the community college district initiating the proposal and to the California Postsecondary Education Commission. Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code. s 55829. Assessment of Needs and Preferences. (a) The community area and characteristics of individuals to be served must be identified adequately. (b) Projections of potential enrollment demand in the service area must demonstrate significant unmet need, taking into account plans of nearby secondary and postsecondary institutions. (c) Significant community support must be evident and possible community opposition must be identified. (d) Preferences for community college programs and services on the part of individuals in the service area must be identified. (e) Insofar as possible, present and future labor market requirements must be identified for the proposed service area, a broader adjacent region, and the state. (f) Projected labor market requirements and community program preferences must be reconciled, if possible. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code. s 55830. Identification of Objectives. (a) Proposed college or educational center programs and services must be directed to the identified educational needs and preferences of the community to be served. (b) Objectives of the proposed programs and services must be sufficiently specific that the district board may evaluate the success with which needs and preferences are met. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code. s 55831. Analysis of Alternative Delivery Systems. (a) The proposed operation must be the most effective and equitable of feasible delivery system alternatives for providing intended programs and services. (b) Criteria for selecting the proposed delivery system must include: (1) accessibility of programs and services to individuals in the service area, (2) content and quality of programs and services, and (3) cost of programs and services. (c) Depending on the delivery system proposed, alternatives for providing the proposed programs and services must include, but need not be limited to: (1) increased utilization of existing district resources, (2) forming a new college, educational center, and/or outreach locations, and (3) use of media such as television, computer-assisted instruction or programmed learning packages. Alternative delivery systems considered must be adequately described, generally mutually exclusive, and limited to a manageable number to facilitate analysis and review. (d) Proposed sources of funding for needed resources must be identified for both short and long-term operations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code. s 55840. Appointment and Qualification of District Librarian. The governing board of a community college district maintaining its own library or libraries may appoint a librarian who shall meet minimum qualifications established pursuant to chapter 4 (commencing with section 53400) of division 4 of this part. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 55841. Annual Report by Governing Board to Department of Education. The governing board of a district shall, on or before August 31st, in each year, report to the Chancellor on the condition of district libraries, for the year ending June 30th preceding. The report shall, in addition to other matters deemed expedient by the governing board or the librarians, contain such statistical and other information as is deemed desirable by the Chancellor. For this purpose the Chancellor may send to the districts instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 56000. Scope of Chapter. This subchapter applies to community college districts offering support services, or instruction through Disabled Student Programs and Services (DSPS), on and/or off campus, to students with disabilities pursuant to Education Code sections 67310 et seq. and 84850. Programs receiving funds allocated pursuant to Education Code section 84850 shall meet the requirements of this subchapter. Any support services or instruction funded, in whole or in part, under the authority of this subchapter must: (a) not duplicate services or instruction which are otherwise available to all students; (b) be directly related to the educational limitations of the verified disabilities of the students to be served; (c) be directly related to the students' participation in the educational process; (d) promote the maximum independence and integration of students with disabilities; and (e) support participation of students with disabilities in educational activities consistent with the mission of the community colleges as set forth in Education Code section 66010.4. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code. s 56002. Student with a Disability. A "student with a disability" or "disabled student" is a person enrolled at a community college who has a mental or physical disability as defined in Government Code section 12926 which imposes an educational limitation as defined in section 56004. For purposes of reporting to the Chancellor under section 56030, students with disabilities shall be reported in the categories described in sections 56032-44. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code. s 56004. Educational Limitation. As used in this subchapter, "educational limitation" means disability related functional limitation in the educational setting. This occurs when the limitation prevents the student from fully benefiting from classes, activities, or services offered by the college to nondisabled students, without specific additional support services or instruction as defined in Section 56005. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56005. Support Services or Instruction. As used in this subchapter, "support services or instruction" means any one or more of the services listed in Section 56026, special class instruction authorized under Section 56028, or both. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56006. Determination of Eligibility. (a) In order to be eligible for support services or instruction authorized under this chapter, a student with a disability must have an impairment which is verified pursuant to subdivision (b) which results in an educational limitation identified pursuant to subdivision (c) of this section. (b) The existence of an impairment may be verified, using procedures prescribed by the Chancellor, by one of the following means: (1) observation by DSPS professional staff with review by the DSPS coordinator; (2) assessment by appropriate DSPS professional staff; or (3) review of documentation provided by appropriate agencies or certified or licensed professionals outside of DSPS. (c) The student's educational limitations must be identified by appropriate DSPS professional staff and described in the Student Education Contract (SEC) required pursuant to Section 56022. Eligibility for each service provided must be directly related to an educational limitation consistent with Section 56000(b) and Section 56004. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56008. Student Rights. (a) Participation by students with disabilities in Disabled Student Programs and Services shall be entirely voluntary. (b) Receiving support services or instruction authorized under this subchapter shall not preclude a student from also participating in any other course, program or activity offered by the college. (c) All records maintained by DSPS personnel pertaining to students with disabilities shall be protected from disclosure and shall be subject to all other requirements for handling of student records as provided in Subchapter 2 (commencing with Section 54600) of Chapter 5 of this Division. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56010. Student Responsibilities. (a) Students receiving support services or instruction under this subchapter shall: (1) comply with the student code of conduct adopted by the college and all other applicable statutes and regulations to student conduct; (2) be responsible in their use of DSPS services and adhere to written service provision policies adopted by DSPS; and (3) make measurable progress toward the goals established in the student's Student Educational Contract or, when the student is enrolled in a regular college course, meet academic standards established by the college pursuant to Subchapter 8 (commencing with Section 55750) of Chapter 6 of this Division. (b) A district may adopt a written policy providing for the suspension or termination of DSPS services where a student fails to comply with subdivisions (a)(2) or (a)(3) of this section. Such policies shall provide for written notice to the student prior to the suspension or termination and shall afford the student an opportunity to appeal the decision. Each student shall be given a copy of this policy upon first applying for services from DSPS. Note: Authority cited: Section 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56012. Communication Disability. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56014. Learning Disability. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56016. Acquired Brain Injury. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56018. Developmentally Delayed Learner. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56020. Availability of Services. Each community college district receiving funds pursuant to this subchapter shall employ reasonable means to inform all students and staff about the support services or instruction available through the DSPS program. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56022. Student Educational Contract. A Student Educational Contract (SEC) is a plan to address specific needs of the student. An SEC must be established upon initiation of DSPS services and shall be reviewed and updated annually for every student with a disability participating in DSPS. The SEC specifies those regular and/or special classes and support services identified and agreed upon by both the student and DSPS professional staff as necessary to meet the student's specific educational needs. The SEC shall be reviewed annually by a DSPS professional staff person to determine whether the student has made progress toward his/her stated goals(s). Whenever possible the SEC shall serve as the Student Educational Plan (SEP) and shall meet the requirements set forth in Section 55525 of this division. In addition, for students in noncredit special classes, each SEC shall include, but need not be limited to a description of the criteria used to evaluate the student's progress. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56024. Measurable Progress. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56026. Support Services. Support services are those specialized services available to students with disabilities as defined in Section 56002, which are in addition to the regular services provided to all students. Such services enable students to participate in regular activities, programs and classes offered by the college. They may include, but need not be limited to: (a) Basic fixed cost administrative services associated with the ongoing administration and operation of the DSPS program. These services include: (1) Access to and arrangements for adaptive educational equipment, materials and supplies required by students with disabilities; (2) Job placement and development services related to transition to employment; (3) Liaison with campus and/or community agencies, including referral to campus or community agencies and follow-up services; (4) Registration assistance relating to on or off-campus college registration, including priority enrollment assistance, application for financial aid and related college services; (5) Special parking, including on-campus parking registration or, while an application for the State handicapped placard or license plate is pending, provision of a temporary parking permit. (6) Supplemental specialized orientation to acquaint students with environmental aspects of the college and community. (b) Continuing variable cost services which fluctuate with changes in the number of students or the unit load of the students. These services include, but are not limited to: (1) Test-taking facilitation, including arrangement, proctoring and modification of test and test administration for students with disabilities; (2) Assessment, including both individual and group assessment not otherwise provided by the college to determine functional educational and vocational levels or to verify specific disabilities; (3) Counseling, including specialized academic, vocational, personal, and peer counseling services specifically for students with disabilities, not duplicated by ongoing general counseling services available to all students; (4) Interpreter services, including manual and oral interpreting for hearing-impaired students; (5) mobility ability assistance (on-campus), including manual or motorized transportation to and from college courses and related educational activities; (6) notetaker services, to provide assistance to students with disabilities in the classroom; (7) reader services, including the coordination and provision of services for students with disabilities in the instructional setting; (8) speech services provided by a licensed speech/language pathologist for students with verified speech disabilities; (9) transcription services, including, but not limited to, the provision of braille and print materials; (10) transportation assistance (off-campus), only if not otherwise provided by the college to all students, where public accessible transportation is unavailable, and is deemed inadequate by the Chancellor's Office; (11) specialized tutoring services not otherwise provided by the college; (12) outreach activities designed to recruit potential students with disabilities to the college; (13) accommodations for participation in co-curricular activities directly related to the student's enrollment in state-funded educational courses or programs; and (14) repair of adaptive equipment donated to the DSPS program or purchased with funds provided under this subchapter. (c) One-time variable costs for purchase of DSPS equipment, such as adapted educational equipment, materials, supplies and transportation vehicles. Note: Authority cited; Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56027. Academic Accommodations. Each community college district receiving funding pursuant to this subchapter shall establish a policy and procedure for responding to, in a timely manner consistent with Section 53203 of this division, accommodation requests involving academic adjustments. This procedure shall provide for an individualized review of each request. The procedure shall also permit the Section 504 Coordinator, or other designated district official with knowledge of accommodation requirements, to make an interim decision pending a final resolution. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56028. Special Classes Instruction. Special classes are instructional activities designed to address the educational limitations of students with disabilities who would be unable to substantially benefit from regular college classes even with appropriate support services or accommodations. Such classes generate revenue based on the number of full-time equivalent students (FTES) enrolled in the classes. Such classes shall be open to enrollment of students who do not have disabilities, however, to qualify as a special class, a majority of those enrolled in the class must be students with disabilities. Special classes offered for credit or noncredit shall meet the applicable requirements for degree credit, non-degree credit, or noncredit set forth in Sections 55002 and 55705.5 of this part. In addition, special classes shall: (a) Be designed to enable students with disabilities to compensate for educational limitations and/or acquire the skills necessary to complete their educational objectives; (b) Employ instructors who meet minimum qualifications set forth in Section 53414 of this Division. (c) Utilize curriculum, instructional methods, or materials specifically designed to address the educational limitations of students with disabilities. Curriculum committees responsible for reviewing and/or recommending special class offerings shall have or obtain the expertise appropriate for determining whether the requirements of this section are satisfied; and (d) Utilize student/instructor ratios determined to be appropriate by the District given the educational limitations of the students with disabilities enrolled in each class. Class size should not be so large as to impede measurable progress or to endanger the well-being and safety of students or staff. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56029. Special Class Course Repeatability. Repetition of special classes is subject to the provisions of Sections 55761-63 and 58161 of this division. However, districts are authorized to permit additional repetitions of special classes to provide an accommodation to a student's educational limitations pursuant to state and federal nondiscrimination laws. Districts shall develop policies and procedures providing for repetition under the follow circumstances: (a) When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific class; (b) When additional repetitions of a specific special class are essential to completing a student's preparation for enrollment into other regular or special classes; or (c) When the student has a student educational contract which involves a goal other than completion of the special class in question and repetition of the course will further achievement of that goal. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; and 29 U.S.C. Sec. 794. s 56030. Reporting Requirements. Each community college district receiving funding pursuant to this subchapter shall submit such reports (including budget and fiscal reports described in Article 4) as the Chancellor may require. When submitting such reports, districts shall use the disability categories set forth in Sections 56032-44 and shall conform to the reporting format, procedures, and deadlines the Chancellor may additionally prescribe. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56032. Physical Disability. Physical disability means a visual, mobility or orthopedic impairment. (a) Visual impairment means total or partial loss of sight. (b) Mobility or orthopedic impairment means a serious limitation in locomotion or motor function. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56034. Communication Disability. Communication disability is defined as an impairment in the processes of speech, language or hearing. (a) Hearing impairment means a total or partial loss of hearing function which impedes the communication process essential to language, educational, social and/or cultural interactions. (b) Speech and language impairments mean one or more speech/language disorders of voice, articulation, rhythm and/or the receptive and expressive processes of language. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56036. Learning Disability. Learning disability is defined as a persistent condition of presumed neurological dysfunction which may exist with other disabling conditions. This dysfunction continues despite instruction in standard classroom situations. To be categorized as learning disabled, a student must exhibit: (a) Average to above-average intellectual ability; (b) Severe processing deficit(s); (c) Severe aptitude-achievement discrepancy(ies); and (d) Measured achievement in an instructional or employment setting. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56038. Acquired Brain Impairment. Acquired brain impairment means a verified deficit in brain functioning which results in a total or partial loss of cognitive, communicative, motor, psycho-social, and/or sensory-perceptual abilities. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56040. Developmentally Delayed Learner. The developmentally delayed learner is a student who exhibits the following: (a) below average intellectual functioning; and (b) potential for measurable achievement in instructional and employment settings. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56042. Psychological Disability. (a) Psychological disability means a persistent psychological or psychiatric disorder, or emotional or mental illness. (b) For purposes of this subchapter, the following conditions are not psychological disabilities: (1) transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; and (3) psychoactive substance abuse disorders resulting from current illegal use of drugs. (c) In developing the allocation formula required under Section 56072, the Chancellor shall assign a zero weight to students with psychological disabilities until such time as the state budget provides additional funds to serve this population. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56044. Other Disabilities. This category includes all students with disabilities, as defined in Section 56002, who do not fall into any of the categories described in Sections 56032- 42, but who indicate a need for support services or instruction provided pursuant to Sections 56026 and 56028. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56046. DSPS Program Plan. (a) Each district receiving funding pursuant to this subchapter shall submit to the Chancellor, at such times as the Chancellor shall designate, a DSPS program plan for each college within the district. Upon approval by the Chancellor, the plan shall be a contract between the District and the Chancellor. Expenditures of funds appropriated pursuant to this subchapter must conform to the approved plan. (b) Each district shall submit updates to its program plan to the Chancellor upon request. (c) The program plan shall be in the form prescribed by the Chancellor and shall contain at least all of the following: (1) long-term goals of the DSPS program; (2) the short-term measurable objectives of the program; (3) the activities to be undertaken to accomplish the goals and objectives; and (4) a description of the methods used for program evaluation. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56048. Staffing. (a) Persons employed pursuant to this subchapter as counselors or instructors of students with disabilities shall meet minimum qualifications set forth in Section 53414 of Subchapter 4 of Chapter 4 of this Division. (b) Each district receiving funds pursuant to this subchapter shall designate a DSPS Coordinator for each college in the district. For the purpose of this section, the Coordinator is defined as that individual who has responsibility for the day-to-day operation of DSPS. The designated Coordinator must meet the minimum qualifications for a DSPS counselor or instructor set forth in Section 53414(a) through (d) or meet the minimum qualifications for an educational administrator set forth in Section 53420 and, in addition, have two (2) years full-time experience or the equivalent within the last four (4) years in one or more of the following fields: (1) instruction or counseling or both in a higher education program for students with disabilities; (2) administration of a program for students with disabilities in an institution of higher education; (3) teaching, counseling or administration in secondary education, working predominantly or exclusively in programs for students with disabilities; or (4) administrative or supervisory experience in industry, government, public agencies, the military, or private social welfare organizations, in which the responsibilities of the position were predominantly or exclusively related to persons with disabilities. (c) Districts receiving funding pursuant to this subchapter may also employ classified and/or paraprofessional support staff. Support staff shall function under the direction of a DSPS counselor, instructor, or Coordinator as appropriate for the support services or instruction being provided. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56050. Advisory Committee. Each district receiving funds pursuant to this subchapter shall establish, at each college in the district, an advisory committee which shall meet not less than once per year. The advisory committee shall, at a minimum, include a student with disabilities and representatives of the disability community and agencies or organizations serving persons with disabilities. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code. s 56052. Evaluation. The Chancellor shall conduct evaluations of DSPS programs to determine their effectiveness. Each college shall be evaluated at least once every five years. The evaluation shall at a minimum, provide for the gathering of outcome data, staff and student perceptions of program effectiveness, access requirements of the Americans with Disabilities Act (42 USC 12101 et seq.), Section 504 of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), compliance with Education Code Section 67311.5 with respect to parking for persons with disabilities, and data on the implementation of the program as outlined in Education Code Section 84850. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; and 29 U.S.C. Sec. 794. s 56054. Special Projects. (a) Community college districts receiving funding pursuant to this subchapter shall cooperate to the maximum extent possible with the Chancellor in carrying out special projects. Such projects may include, but are not limited to, task force meetings, research studies, model programs, conferences, training seminars, and other activities designed to foster program development and accountability. Such special projects shall be funded from the three percent set aside authorized pursuant to Education Code Section 84850(e). (b) Where such special projects fund services to students, such students need not meet the eligibility criteria otherwise required under this subchapter, but such students shall meet any eligibility requirements which the Chancellor may prescribe. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56056. Authorized Professional Staff. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56058. Coordinator of Disabled Student Programs and Services. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56060. Basis of Funding. Any community college district shall be entitled to receive funding pursuant to Education Code Section 84850 to offset the direct excess cost, as defined in Section 56064, of providing support services or instruction, or both, to students with disabilities enrolled in state-supported educational courses or programs. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56062. Provision of Support Services or Instruction. A community college district will be deemed to have "provided support services or instruction" to a student with a disability, as required by section 56060, if the student is enrolled in a special class or is enrolled in a regular class and received four or more service contacts per year with the DSPS program. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code. s 56064. Direct Excess Costs. Direct excess costs are those actual fixed, variable, and one-time costs (not including indirect administrative costs, as defined in Section 56068) for providing support services or instruction, as defined in Sections 56026 and 56028, which exceed the combined total of the following: (a) the average cost to the district of providing comparable services (as defined in Section 56066) to nondisabled students times the number of students receiving such services from DSPS; (b) the revenue derived from special classes as provided in Section 56070; and (c) any other funds for serving students with disabilities which the district receives from federal, state, or local sources other than discretionary district funds. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56066. Comparable Services. (a) As used in Section 56064, "comparable services" are those services which are comparable to services available from a college to its nondisabled students. These services include, but are not limited to: (1) job placement and development as described in Section 56026(a)(2); (2) registration assistance as described in Section 56026(a)(4); (3) special parking as described in Section 56026(a)(5); (4) assessment as described in Section 56026(b)(2); (5) counseling as described in Section 56026(b)(3); (6) tutoring as described in Section 56062(b)(11); and (7) outreach as described in Section 56026(b)(12). (b) Districts which claim reimbursement for direct excess costs for comparable services as defined in subdivision (a) must, for each college in the district: (1) certify that the service in question is not offered to nondisabled students; or (2) collect and report to the Chancellor, on forms prescribed by the Chancellor, data showing the number of new and the number of continuing students with disabilities enrolled in credit courses who received one or more such services, in whole or in part, from DSPS. (c) The Chancellor shall adjust the allocation of each district by the number, if any, of students reported pursuant to subdivision (b)(2), times the applicable credit student services funding rates for new and continuing students calculated pursuant to Article 4 (commencing with Section 58730) of Subchapter 4 of Chapter 9 of this Division. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56068. Indirect Administrative Costs. As used in Section 56064, the term "indirect administrative costs" means any administrative overhead or operational cost, including but not limited to, the following: (a) college administrative support costs, such as staff of the college business office, bookstore, reproduction center, etc.; (b) administrative salaries and benefits, with the exception of the DSPS Coordinator; (c) indirect costs, such as heat, light, power, telephone, FAX, gasoline and janitorial; (d) costs of construction, except for removal or modification of minor architectural barriers; (e) staff travel costs for other than DSPS-related activities or functions; (f) costs for on- and off-campus space and plant maintenance; (g) the cost of office furniture (e.g., desks, bookcases, filing cabinets, etc.); (h) costs of dues or memberships for DSPS staff; (i) rent of off-campus space; (j) costs for legal matters, election campaigns or audit expenses; (k) building costs, even if the new building were for exclusive use of DSPS; (l) books or other resource material purchases for the general or main library; or (m) equipment which is not, in whole or part, adapted for use by students with disabilities. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56070. Revenue from Special Classes. (a) For purposes of section 56064 (b), the revenue derived from special classes shall be calculated by adding together the following: (1) the FTES instructional non-credit rate times the number of units of FTES in noncredit special classes; and (2) the FTES instructional credit rate, not including indirect administrative costs, times the number of units of FTES in credit special classes for each college in the District. (b) Revenue from special classes shall be used for provision of support services or instruction pursuant to sections 56026 and 56028 and shall not be used for indirect administrative costs as defined in section 56068. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code. s 56072. Allocations; Reports; Audits; Adjustments. (a) The Chancellor shall adopt an allocation formula which is consistent with the requirements of this subchapter. The Chancellor shall use this formula to make advance allocations of funding provided pursuant to Section 56060 to each community college district consistent with the district's approved DSPS program plan and the requirements of this Article. (b) A portion, not to exceed 10 percent, of the allocation may be based on the amount of federal, state, local, or district discretionary funds which the district has devoted to serving students with disabilities. Provided, however, that in no event shall any district be entitled to receive funding which exceeds the direct excess cost, as defined in Section 56064, of providing support services or instruction to student with disabilities. (c) Each district shall submit such enrollment and budget reports as the Chancellor may require. (d) The Chancellor shall provide for audits of DSPS programs to determine the accuracy of the reports required pursuant to subdivision (c). (e) The Chancellor may, based on audit findings or enrollment/budget reports, adjust the allocation of any district to compensate for over or under-allocated amounts in the current fiscal year or any of the three immediately preceding fiscal years. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56074. Accounting for Funds. Each community college district shall establish a unique budget identifier code to separately account for all funds provided pursuant to this subchapter. The district shall certify through fiscal and accounting reports prescribed by the Chancellor that all funds were expended in accordance with the requirements of this subchapter. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56076. Other Resources. As a condition of receiving funds pursuant to this subchapter, each community college district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving students with disabilities. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. s 56078. Average Daily Attendance Apportionment (ADA) for Classes Offered Through DSP&S. Note: Authority cited: Sections 71020, 78600 and 84850 , Education Code. Reference: Sections 78600 and 84850, Education Code. s 56080. Determination of Direct Excess Costs. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600, and 84850, Education Code. s 56082. Adjustments to Allocation. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56084. District Fiscal Responsibility and Contribution. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56086. Expenses Not Funded. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. s 56088. Other Support Funds. Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code. SUBCHAPTER 2. EXTENDED OPPORTUNITY PROGRAMS AND SERVICES [FNA1] [FNa1] Chapter 2 (Sections 56100-56198) superseded by provisions of Chapter 2.5 (Sections 56200-56296) as of 7-1-77. Note: Authority cited: Sections 66948, 66952, 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42 of the Education Code. s 56200. Implementation. This subchapter implements, and should be read in conjunction with, article 8 (commencing with Section 69640), chapter 2, part 42, division 5, title 3, of the Education Code. The definitions in this article apply to the requirements of this subchapter. Note: Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56201. Waiver. The Chancellor is authorized to waive any part or all of Articles 3 and 5. Waiver requests must be submitted to the Chancellor in writing by the district superintendent/chancellor setting forth in detail the reasons for the request and the resulting problems caused if the request were denied. Note: Authority cited: Sections 69648, 69649 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56202. Full-Time Student. "Full-Time Student" means a student, who during a regular semester or quarter, is enrolled in a minimum of 12 credit units or the equivalent in community college courses. Full-time student for a summer or inter session shall be defined by the college district. Note: Authority cited: Sections 69648, and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56203. Participation. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56204. Student Served. For purposes of allocating EOPS funds, conducting audits and evaluations, an EOPS student served is a person for whom, at minimum, the EOPS program has documentation in the student's file of an EOPS application, educational plan, and mutual responsibility contract developed pursuant to section 56222(c). Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56206. EOPS Information. The Chancellor shall require districts receiving EOPS funds to identify students served and the level and type of programs and services each student received. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56208. Advisory Committee. Each EOPS program shall have an Advisory Committee appointed by the president of the college upon recommendation of the EOPS Director. The purpose of the advisory committee is to assist the college in developing and maintaining effective extended opportunity programs and services. The term of each committee member shall be for two years, July 1 of the year of appointment to June 30 of the second succeeding year. Members may serve more than one term. The committee shall consist of no fewer members than the members of the local Board of Trustees. Members shall serve without compensation. Members may be reimbursed for necessary expenses incurred in performing their duties. The advisory committee should include representation from college personnel, EOPS students, local or feeder high schools, community and business sectors, and baccalaureate institutions where possible. The Advisory Committee shall meet at least once during each academic year. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56210. Comparable Level of Services. The college shall maintain the same dollar level of services supported with non-EOPS funds as the average reported in its final budget report in the previous three academic years. At a minimum, this amount shall equal the three-year average or 15% of the average EOPS allocation to that college for the same three base years, whichever is greater. The Chancellor may approve reductions in the required amount if enrollments in the EOPS program decline. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56211. Evaluation. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56215. Effect of Article. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56216. Chancellor. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56217. Income Ceiling Adjustment. Note: Authority cited: Sections 69648, 69652, and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code. s 56218. Curriculum Development. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56219. Depressed Area. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56220. Eligibility for Programs and Services. To receive programs and services authorized by this chapter, a student must: (a) be a resident of California pursuant to the provisions of part 41 commencing with section 68000 of the Education Code. (b) be enrolled full-time when accepted into the EOPS program. The EOPS director may authorize up to 10% of EOPS students accepted to be enrolled for 9 units. (c) not have completed more than 70 units of degree applicable credit coursework in any combination of postsecondary higher education institutions. (d) qualify to receive a Board of Governors Grant pursuant to section 58620(b)(1) or (2). (e) be educationally disadvantaged as determined by the EOPS director or designee. In making that determination the EOPS director shall consider one or more of the following factors: (1) not qualified at the college of attendance for enrollment into the minimum level English or mathematics course that is applicable to the associate degree. (2) not have graduated from high school or obtained the General Education Diploma (G.E.D.). (3) graduated from high school with a grade point average below 2.50 on a 4.00 scale. (4) been previously enrolled in remedial education. (5) other factors set forth in the district's plan submitted to the Chancellor pursuant to section 56270 of this subchapter. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56221. Encumbrance. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56222. Student Responsibility. To remain eligible to receive programs and services, students shall: (a) apply for state and/or federal financial aid pursuant to the applicable rules and procedures of the college of attendance. (b) maintain academic progress towards a certificate, associate degree, or transfer goal pursuant to the academic standards established by the college of attendance applicable to all credit enrolled students. (c) file an initial EOPS application and complete and adhere to a student educational plan and an EOPS mutual responsibility contract for programs and services. (d) within two months of acceptance into the EOPS program, provide income documentation from state or federal income tax forms, or public assistance documentation pursuant to section 58620(b)(2), or other documentation as required for financial aid by the college of attendance. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Section 69640 et seq., Education Code. s 56223. EOPS Student. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56224. Eligibility for EOPS Financial Aid. To receive EOPS financial aid a student shall: (a) be eligible for and receive programs and services pursuant to sections 56220 and 56222 above. (b) demonstrate financial need according to the rules and procedures established for financial aid at the college of attendance. (c) have need for EOPS financial aid in accordance with sections 56252 and 56254 of this subchapter. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56225. Governing Board. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56226. Limitations on Eligibility. A student who has met the eligibility requirements of sections 56220 and 56222, and who participates without term-to-term interruption, shall continue to be eligible until the student: (a) has completed 70 degree applicable credit units of instruction, or has completed consecutively six semester terms or nine quarter terms of enrollment. Time spent by the student enrolled in remedial courses, including remedial level English as a Second Language courses, shall not be included when computing the requirements of this subdivision. The EOPS Director may waive this limitation only in cases where students are enrolled in programs which require more than 70 units, or which require prerequisites that would exceed the limitations. (b) has failed to meet the terms, conditions, and follow-up provisions of the student education plan and/or the EOPS mutual responsibility contract. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56227. Multicultural Studies. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56228. Grandfather Provision. Note: Authority cited: Sections 69648, 69648.7 and 71020, Education Code. Reference: Sections 69640-69655, Education Code. s 56229. Program. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56230. Full-Time EOPS Director. Each college receiving EOPS funds shall employ a full-time EOPS director to directly manage and/or coordinate the daily operation of the programs and services offered, and to supervise and/or coordinate the staff assigned to perform EOPS activities. Colleges having less than full-time EOPS director positions may continue such positions upon approval of the Chancellor. The Chancellor shall consider the number of students served, the size of the EOPS staff and budget, and the scope and level of services offered when approving requests for less than full-time EOPS director positions. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56231. Special Projects. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56232. Outreach, Orientation, and Registration Services. Each college receiving EOPS funds shall provide access services to identify EOPS eligible students and facilitate their enrollment in the college. Access services shall include at minimum: (a) outreach and recruitment to increase the number of potential EOPS eligible students who enroll at the college. (b) orientation to familiarize EOPS eligible students with: the location and function of college and EOPS programs and services; the college catalog, application, and registration process, with emphasis on academic and grading standards, college terminology (e.g., grade points, units), course add and drop procedures and related rules; financial aid application procedures; and transfer procedures to baccalaureate institutions. (c) registration assistance for priority enrollment pursuant to section 58108. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56233. Student Contact Hours. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56234. Assessments. Each college receiving EOPS funds shall assess EOPS eligible students using instruments and methods which the college president certifies are reliable, valid, and appropriate for students being assessed and for the purpose of the assessment. All assessment results which make use of standardized scoring shall be explained and interpreted to EOPS students by counselors trained in the use and meaning of such assessments. Assessments shall, at minimum, include: (a) course and placement tests in reading, comprehension, vocabulary, writing, and computations. (b) diagnostic tests to determine the specific academic skill deficiencies in areas in which placement tests indicate that the student has a low probability of success in degree applicable courses as defined by college policies. (c) study skill assessment which determines how well the student is able to take lecture notes, outline written material, use library services, and use effective study techniques. (d) support service assessment which determines what services the student may need to attend regularly and participate in campus life (such as the need for financial aid, child care, part-time employment, or extra-curricular pursuits). (e) assessment instruments that are not culturally or linguistically biased. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56235. Target or High Priority Area. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56236. Counseling and Advisement. Each college receiving EOPS funds shall provide counseling and advisement to EOPS-eligible students of at least three contact sessions per term for each student as follows: (a) a contact session which combines interview interpretation of assessment results to prepare a student educational plan and a mutual responsibility contract specifying what programs and services the student shall receive and what the student is expected to accomplish. (b) an in-term contact session to ensure the student is succeeding adequately, that programs and services are being provided effectively, and to plan changes as may be needed to enhance student success. (c) a term-end or program exit contact session to assess the success of students in reaching the objectives of that term, the success of the programs and services provided in meeting student needs, and to assist students to prepare for the next term of classes, or to make future plans if students are leaving the EOPS program or the college. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56237. Independent Student Criteria. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69506, 69640, 69641, 69642 and 69650, Education Code. s 56238. Basic Skills Instruction and Tutoring Services. Colleges receiving EOPS funds shall provide basic skills instruction and tutoring services to EOPS eligible students who, on the basis of assessments and counseling, need such services to succeed in reaching their educational goals. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56239. Priority in Serving Students. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56240. Transfer and Career Employment Services. Colleges receiving EOPS funds shall provide assistance to EOPS eligible students to transfer to baccalaureate institutions and/or to find career employment in their field of training. Appropriate college and EOPS staff shall attempt to articulate coursework and support services needed by EOPS students with baccalaureate institutional staff, particularly baccalaureate institutional staff who are responsible for programs and services that are similar to EOPS. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56241. Outline. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56243. Deadlines. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56244. Applications. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56245. Scope and Appropriateness. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56246. Maintenance of Effort. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56247. Advisory Committee. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56248. Evaluation. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649 and 69650, Education Code. s 56250. Effect. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56251. Evaluation by Chancellor. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code. s 56252. Purpose. Financial assistance in the form of EOPS grants and workstudy shall be awarded in accordance with the provisions of this article to EOPS eligible students for the purpose of reducing potential student loan indebtedness, or to reduce unmet financial need, after Pell grants and other state, federal or institutional financial aid has been awarded to the student. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56253. Approved Plan Required. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56254. EOPS Grants and Workstudy Awards. (a) Grants may be awarded in an amount not to exceed $900 per academic year, or the amount of a student's unmet need, whichever is less. (b) Workstudy awards shall not exceed $1,800 per academic year, or the amount of a student's unmet need, whichever is less. Contracts with private industry may be utilized to place EOPS workstudy students. (c) No combination of EOPS grant and workstudy awards may exceed $1,800 or exceed the amount of a student's unmet need, whichever is less, in an academic year. (d) EOPS grants shall be disbursed to each student equally among terms in the college academic year. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56255. Priority in Funding. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56256. Award Procedures. (a) Financial aid offices shall award and disburse EOPS grant and workstudy funds according to college procedures upon the authorization of the EOPS office. (b) EOPS offices shall authorize EOPS grant and workstudy awards such that: (1) Awards are distributed as evenly as possible between dependent and independent students. (2) Priority in awards is given to dependent or independent students having the lowest family or personal incomes, respectively. (c) EOPS offices may authorize an EOPS grant to reduce packaged student employment awards on a case-by-case basis. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56257. Funding. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69648 and 69652, Education Code. s 56258. Emergency Loans. EOPS programs may establish an emergency loan program for EOPS students to meet unexpected or untimely costs for books, college supplies, transportation and housing, subject to the following provisions: (a) loans may not exceed $300 in a single academic year and must be repaid within the academic year in which the loan was made. (b) loan funds shall be held in a separate account established by the district for that purpose; collected funds and interest earned shall be credited to the loan account and all loan funds may be carried over fiscal years for the life of the loan program. (c) the total amount held for the loan program may not exceed three times the amount originally set aside to establish the program. Amounts in excess of this limit, or the total amount held when the program is terminated, shall be returned to the Chancellor. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56259. Effective Program Experience. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article (commencing with Section 69640) of Part 42, Education Code. s 56260. Staff. EOPS shall be provided by a certificated director, instructors and counselors and other support staff employed by the governing board of the community college district. All staff funded by EOPS who are not supervised by the EOPS Director shall be accountable to the EOPS Director for the services rendered to EOPS students pursuant to the approved EOPS program plan. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code. s 56262. Director Qualifications. (a) The EOPS Director must meet the minimum qualifications for a student services administrator as specified in section 53420 of this part, or must possess a Community College Supervisor Credential. (b) In addition, an EOPS Director hired after October 24, 1987, must have, within the last four years, two years of experience or the equivalent: (1) In the management or administration of educational programs, community organizations, government programs, or private industry in which the applicant dealt predominantly with ethnic minorities or persons handicapped by language, social or economic disadvantages or, (2) As a community college EOPS counselor or EOPS instructor, or have comparable experience in working with disadvantaged clientele. (c) In addition, an EOPS director hired after October 24, 1987, shall have completed a minimum of six units of college-level coursework predominantly relating to ethnic minorities or persons handicapped by educational, language, or social disadvantages. Note: Authority cited: Sections 69648, 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code. s 56264. Counselor Qualifications. (a) EOPS "Counselors" are those persons designated by the community college to serve as certificated counselors in the EOPS program and must possess the Community College Counselor Credential or possess a master's degree in counseling, rehabilitation counseling, clinical psychology, counseling psychology, guidance counseling, educational counseling, social work, or career development, or the equivalent, and (b) In addition, EOPS counselors hired after October 24, 1987, shall: (1) Have completed a minimum of nine semester units of college course work predominantly relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages or, (2) Have completed six semester units or the equivalent of a college-level counseling practicum or counseling field-work courses in a community college EOPS program, or in a program dealing predominantly with ethnic minorities or persons handicapped by language, social, or economic disadvantages and, (c) In addition, an EOPS counselor hired after October 24, 1987, shall have two years of occupational experience in work relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code. s 56270. Contract Plan. (a) Districts wishing to participate in EOPS shall submit for approval by the Chancellor a plan which conforms to the provisions of this subchapter for each college within the district which intends to conduct an EOPS program. A college plan approved by the Chancellor shall constitute a contract between the district which operates the college and the Chancellor. Changes to the program plan may be made only with the prior written approval of the Chancellor. (b) The Chancellor will notify in writing those districts which submit plans on or before the deadline set pursuant to section 56274 within ninety (90) days of that deadline whether the district's plan is complete and whether the plan is approved or disapproved. If the plan is disapproved, the Chancellor will notify the district how the plan is deficient. If a district plan is disapproved, the district may resubmit the plan and the Chancellor will approve or disapprove the resubmitted plan within ninety (90) days of its receipt. Note: Authority cited: Sections 66700, 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56271. Approved Programs and Services. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56272. Outline. Each plan shall address the following: (a) the long-term goals of the EOPS program in supporting the goals of the college and the goals adopted for EOPS by the Board of Governors. (b) the objectives of the EOPS program to be attained in the fiscal year for which EOPS funds are allocated. (c) the activities to be undertaken to achieve the objectives, including how the college plans to meet the standards set forth in Articles 3, 4, and 5 of this subchapter. (d) an operating budget which indicates the planned expenditures of EOPS funds, and of other district funds to be used to finance EOPS activities. (e) the number of students to be served. (f) an evaluation of the results achieved in the prior year of funding. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56274. Deadlines. The Chancellor's Office shall annually establish a final date for the submission of EOPS plans and shall notify districts of this date and distribute the forms for the submission of the plan not less than 90 days prior to that date. Applications and plans received after that date shall be returned to the applying district without evaluation or consideration. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56276. Review and Approval of District Plans. All plans and requests for funding submitted on or before the deadline shall be reviewed and evaluated by the Chancellor. The Chancellor shall approve plans for funding in whole or in part. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56277. Necessity of Subchapter. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56278. Program Evaluation by the Chancellor. Each college having an approved plan shall participate annually in an evaluation of the effectiveness of the program which shall be conducted by the Chancellor. The annual evaluation may include on-site operational reviews, audits, and measurements of student success in achieving their educational objectives. Note: Authority cited: Sections 69648, 69648.5 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56279. Accrual Basis. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56280. Priorities in Serving Students. Each plan shall incorporate the priorities of this section in the order presented when serving students from among those who are eligible pursuant to section 56220. The purpose of these priorities is to ensure that colleges strive to achieve and maintain a racial, ethnic, and gender composition among income eligible students served which matches the racial, ethnic, and gender composition by income group of eighteen years and above who reside in the college service area. (a) priority in outreach and recruitment services shall be directed towards correcting the greatest underrepresentation among students served. Additional priority among underrepresented students shall be given to serving individuals who are the first in their family to attend college. (b) priority in serving students enrolled at the college shall be: (1) serving continuing EOPS students with the lowest income. (2) serving continuing EOPS students with the lowest income who are transferring from another EOPS program conducted by a community college. (3) serving first-time EOPS students with the lowest income. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code. s 56281. Accounting Procedures. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56282. State Sources. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56283. Other Sources. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56284. Expenditures. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code. s 56285. Direct Expenses. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56286. Income Ceiling Adjustment. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code. s 56287. Indirect Expenses. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56288. Purpose of Indirect Expense Account. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56289. Capital Outlay Expenditures. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56290. Income and Expenditure Accountability. Districts shall maintain separate accounts for monies provided for, and expended in, support of EOPS activities by specific line item. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56291. Discretionary Funding. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69651, and 69652, Education Code. s 56291.1. Direct Aid to Students. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69650 and 69652, Education Code. s 56291.2. Curriculum Development. Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code. s 56292. Adjustment to Allocations. The Chancellor may adjust the allocation to any college during a fiscal year for one or more of the following reasons: (a) to correct over or under allocated amounts in any of the three prior fiscal years. (b) to correct for over or under utilization of allocated amounts in the current fiscal year. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56293. District Fiscal Responsibility and Contribution. Districts shall insure that colleges under their jurisdiction conducting EOPS programs provide to EOPS students who need them the same programs and services the college offers to all of its credit enrolled students. The district shall fund the cost of such programs and services from resources available to it, except EOPS funds, at a rate per EOPS student that is at least equal to the average cost per student served (including EOPS students) in these programs and services. Districts accepting EOPS funds will be required to pay the salary of the EOPS director at the rate of 100% of salary and benefits per year. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56294. EOPS Supplemental Costs. Colleges shall expend EOPS funds only for programs and services which are over, above, and in addition to the costs which are the district's responsibility as defined in section 56293. Note: Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56295. Expenditures Allowed. (a) Colleges may expend EOPS funds to meet the EOPS supplemental costs as defined in section 56294 for personnel and other expenses approved in the EOPS annual plan. Expenditures for other expenses in object categories 4000-6000 (except for EOPS financial aid) in the Budget and Accounting Manual shall not exceed 10% of the EOPS allocation or $50,000, whichever is less. (b) Requests to purchase computer hardware and/or software shall be approved by the district superintendent/president prior to transmittal for approval by the Chancellor. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56296. Expenditures Not Allowed. EOPS funds shall not be expended for the following: (a) college administrative support costs (e.g., staff of the business office, bookstore, reproduction, staff at the dean salary level and above). (b) indirect costs (e.g., heat, lights, power, janitorial service). (c) political or professional association dues and/or contributions. (d) costs of furniture (chairs, desks, coat hangers, etc.). (e) costs of construction, remodeling, renovation, or vehicles. (f) travel costs other than travel costs of EOPS staff and students for EOPS activities or functions. Except for items (a) through (c) above, waivers may be approved by the Chancellor on a case-by-case basis. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56297. Special Projects and Incentives. (a) The Chancellor may allocate funds for recommended special projects which seek to benefit the statewide, regional, or local conduct of EOPS programs, provided that no special project duplicates college or EOPS activities. (b) Special projects shall be recommended by the advisory committee established pursuant to section 69643 of the Education Code. (c) Funding for special projects shall consist of amounts set aside for this purpose in the Governor's Budget. The Chancellor may redirect funds released pursuant to section 56292 to fund additional special projects. (d) Colleges which demonstrate outstanding effectiveness based upon evaluations conducted pursuant to section 56278 of this subchapter shall receive priority consideration for use of special project funds or other funds which may be released pursuant to section 56292. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56298. EOPS Financial Aid Restriction. In each fiscal year the colleges shall expend for EOPS grants and workstudy an amount equal to that expended in the prior fiscal year, unless waived by the Chancellor, for the following reasons: (a) to establish a book service program. (b) the college allocation was corrected pursuant to section 56292. (c) to meet the requirements of article 3. Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code. s 56350. Purpose. Note: Authority cited: Section 71020, Education Code. Reference: Sections 71023, 78012, 78440, 78441, 78442 and 78600, Education Code. s 56352. Definitions. Note: Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 71023, 76320, 78012, 78405 and 78440, Education Code. s 56354. Programs Operated Pursuant to Education Code Section 78440. Note: Authority cited: Sections 71020, 76300, 78405 and 78440, Education Code. Reference: Sections 78403, 78405 and 78440, Education Code. s 56356. Programs Operated Pursuant to Education Code Section 78012. Note: Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 78012 and 78405, Education Code. s 56358. Programs Operated Pursuant to Education Code Section 78800 et seq. Note: Authority cited: Sections 71020, 76300, Education Code. Reference: Chapter 797, Statutes of 1979. s 56360. Programs Operated Pursuant to Education Code Section 78600 et seq. Note: Authority cited: Sections 71020, 76300, Education Code. Reference: Chapter 797, Statutes of 1979. s 56600. Purpose. The purpose of this chapter is to provide for the advancement of real estate education through the Real Estate Education Scholarship Program and the Real Estate Education Special Projects Program and to provide for the administration of those programs. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56602. Chancellor's Community College Real Estate Education Endowment Fund Advisory Committee. The number of individuals on the advisory committee shall be determined by the Real Estate Commissioner and the Chancellor. The Chancellor shall appoint the advisory committee. Membership on the advisory committee shall include equal representation from the real estate licensees and California community colleges, with consideration of geography and diversity; the Real Estate Commissioner and the Chancellor or their authorized representatives; and such additional representation as the Chancellor and Real Estate Commissioner deem appropriate. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56603. Committee Travel. Monies available from the return on the investment of the Endowment Fund (subject to the State Board of Control regulations) may be used for the necessary travel of the Community College Real Estate Education Endowment Fund Advisory Committee and others authorized by the Chancellor to perform activities and services for the Real Estate Scholarship Program and the Special Projects Program in the community colleges. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56604. Real Estate Education Scholarship Program. The Real Estate Education Scholarship Program is a scholarship grant program for eligible, disadvantaged students. Awards are provided to students in need of financial assistance to meet costs related to entrance into and completion of community college real estate education programs. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56605. College Applications and Awards. (a) The Chancellor will annually notify community college real estate education coordinators, financial aid officers and other appropriate college staff and officials of the availability of scholarship funds for students enrolled in real estate education courses and programs. Such notification shall include information on the procedures for awarding and applying for funds. (b) For as long as adequate funding is available, all eligible applicants will be awarded scholarships on a first-come, first-served basis. In the event that funds needed to serve all eligible applicants exceed funding available by more than ten percent (10%), the Chancellor in consultation with the Advisory Committee shall determine standards and procedures for the distribution of the limited funds. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56606. Student Eligibility. (a) To be eligible for a Real Estate Education Scholarship, an applicant must provide both of the following: (1) a letter from his/her real estate instructor recommending the applicant; and (2) certification by a community college admissions officer or other college official of the applicant's enrollment status at the college. (b) Eligibility for the scholarships will be limited to disadvantaged students. The term disadvantaged refers to groups or individuals who have low economic status and/or have been denied opportunities in society for reasons of gender, race, ethnicity, economics, language, education, physical disabilities, or other mitigating factors. (c) To be eligible for an initial Real Estate Education Scholarship, the applicant must have satisfactorily completed at least one 3-unit college-level course in real estate with a grade of C (2.0) or higher on a 4.0 scale. (d) A scholarship will require the student to have declared a real estate education major or, at a college that does not offer a real estate education major, a major in a related field with a concentration in real estate. Recipients must complete 6 units each semester (or the quarter equivalent) from the required real estate courses as defined by the approved Department of Real Estate course list for real estate broker, or as required by the institution for completion of the real estate certificate. (e) Continued eligibility will require a grade point average of 2.0 on a 4.0 scale. (f) The college financial aid officer or scholarship coordinator will determine if the applicant meets eligibility criteria and will initiate funding of the award. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56607. Competitive Selection. Note: Authority cited: Sections 71020 and 71062, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 71023, Education Code. s 56608. Scholarship Limitations. The determination of the amount of the scholarship award will primarily consider, but will not be limited to, the following: fees, books, and supplies. Based upon available resources, the amount of the scholarship will be annually determined by the Chancellor with consultation by the Advisory Committee. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code. s 56609. Filing Dates. Note: Authority cited: Sections 71020 and 71062, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 71023, Education Code. s 56610. Real Estate Grant Program. The Real Estate Grant Program is a program for funding projects for the improvement and development of real estate education. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code. s 56614. Criteria for Funding. District funded activities may include, but need not be limited to, the following: (a) The development of innovative programs, processes or products designed to enrich the effectiveness of real estate education; (b) The encouragement of real estate education articulation related to cooperative and coordination activities entered into by one community college district with other institutions of higher education; (c) The development and improvement of communications between the real estate industry and the community colleges; (d) The promotion of the real estate education programs. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code. s 56615. Evaluation Procedures. The Chancellor of the California Community Colleges may appoint a committee to evaluate and recommend to the advisory committee projects to be funded. The advisory committee will review proposed projects and recommend to the Chancellor projects for approval funding. The Chancellor shall make the final award. When appropriate, the Chancellor's Office will consult with and enlist the services of such persons able to provide validity and objectivity in the establishment of the respective priorities of proposed projects. In reviewing projects to determine relative priorities for funding with real estate funds, the following criteria may be considered. (a) The geographic area to be served, including the density and characteristics of the population in the area; (b) The ability to reproduce the project; (c) The relative need, cost and benefit to the real estate program; (d) The current instructional effort by the respective local educational agencies to meet the real estate education needs in the areas they serve. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code. s 56616. Application Form. Applications for projects will be submitted on forms developed by the Chancellor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code. s 56617. Limitations. All grants made from this fund are intended to supplement real estate education efforts in the California community colleges. Such grants shall not take the place of any local community college district effort. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code. s 56650. Purpose. Note: Authority cited: Sections 71020, 71025, 84383 and 84386, Education Code. Reference: Article 7 (commencing with Section 84380) of Chapter 3 of Part 50, Education Code. s 56652. Eligible Programs and Services. Alternative educational programs and services eligible for funding under this chapter include, but are not limited to, those which promote improvement or innovation through: (a) provision of instruction which is nontraditional as to its form, content, or methodology. Nontraditional instruction includes, but is not limited to, programs which involve: (1) internships and experiential learning opportunities; (2) individualized instructional contracts which require students to develop learning objectives; (3) development of interpersonal skills; or (4) independent study. (b) program development, including but not limited to: (1) efforts to address the special learning needs of educationally disadvantaged students; or (2) educational services for new populations such as older or working adults; or (c) faculty/staff development, including but not limited to: (1) intersegmental summer programs including research projects and seminars; (2) college programs bringing visiting scholars to local districts; (3) interdisciplinary programs involving local noncollege institutions in the arts and sciences; (4) intersegmental research and public information projects on topics of special concern to rural and urban California regarding the environment, social history, and culture; and (5) "summer bridge" programs for the transition of faculty into college life. Note: Authority cited: Sections 66700, 70901(b) and (c), and 84381, Education Code. Reference: Section 84381, Education Code. s 56654. Definitions. (a) "Instruction" means formally organized activities designed to transmit knowledge and to foster skills for the purpose of achieving educational goals and objectives. (b) "Innovation" means substantive change and reform in instructional organization, design, content, process and resources intended to improve educational outcomes. (c) "Improvement" means organized change which enhances capability over existing practices. (d) "Program Development" means improvement of existing programs as well as designing of new programs. Development is program initiation or improvement rather than mere expansion of existing programs. Development may be in any or all of the program categories including researching, planning, utilizing resources, and evaluating. (e) "Staff Development" means improvement of competencies for community college personnel. Note: Authority cited: Sections 66700, 70901(b) and (c), and 84381, Education Code. Reference: Sections 84381 and 84382, Education Code. s 56656. Administration. Note: Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 71091, 84381 and 84386, Education Code. s 56658. Functions of the Advisory and Review Council. (a) The Advisory and Review Council established by the Chancellor shall review applications for grants and loans proposed for funding through the Fund for Instructional Improvement in accordance with criteria established by the Chancellor. When deemed necessary by the Council, independent readers may be employed to review proposals and make recommendations for funding to the Council. The group of readers used to review any given set of proposals shall be selected so as to reflect, as closely as possible, the composition of the Council. (b) The Council may also make recommendations to the Chancellor on other matters related to the operation of the Fund for Instructional Improvement, including but not limited to: (1) the name of a Council member to be appointed chairperson; (2) standing rules governing the operation of the Council; and (3) criteria and procedures for the evaluation of funded projects. Note: Authority cited: Sections 66700, 70901(b) and (c) and 84381, Education Code. Reference: Section 84381, Education Code. s 56670. Application for Grant: General Requirements. (a) Applications for grants may be submitted by colleges, faculty members, students, administrators or consortia. (b) All applications recommended by the Council to the Chancellor for funding shall have or obtain approval of the board of trustees of the district or districts from which the application originated. (c) Each proposal shall include an evaluation plan and budget. (d) A portion of the funds, not to exceed five percent, shall be set aside by the Chancellor for evaluation and dissemination of project outcomes to other institutions or programs in the state. (e) The Chancellor shall be responsible for establishing and maintaining an accounting system for grants awarded pursuant to this article. Note: Authority cited: Sections 66700, 70901(b) and (c), 84381 and 84383, Education Code. Reference: Sections 84381 and 84383, Education Code. s 56672. Application Proposal. A proposal submitted in application for a grant shall identify and support the significance and feasibility of the proposed plan or activity for which funding is requested. In this regard, the proposal will identify the following items and provide substantiating evidence for each item and as otherwise directed in the annual proposal application forms and announcements issued by the Chancellor: (a) the specific educational program or service being addressed; (b) the specific problem(s); (c) the population to be served; (d) the project objective(s); (e) the proposed activities including, but not limited to, information about personnel required, equipment, materials, schedule, and evaluation process; (f) the expected outcomes of these activities in terms of: (1) the project objective(s), (2) probable or eventual impact of the project, (3) potential for continued support after the expiration of the grant, and (4) potential for adaptation to other institutions or programs. (g) the evaluation plan; and (h) the budget. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84383, Education Code. s 56674. Classification of Grants. Note: Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code. s 56674.2. Mini-Grants. s 56675. Mini Grants. Note: Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code. s 56676. Funding. Funding shall be provided under the following conditions, unless otherwise authorized by the Board of Governors: (a) Funding shall be provided on a one-year basis. If additional continuation funding is desired, a new proposal application shall be submitted at the time established for submission of new proposals. Proposals for continuation funding shall be considered separately and performance under the previous grant shall be taken into account in deciding which projects should be continued. (b) Grants shall be allocated on a July 1st to June 30th fiscal year basis, unless the Chancellor determines that extenuating circumstances justify use of a different funding period for some or all of the projects to be funded. (c) Applications may be submitted for a direct grant, or a loan, or a combination of both. (d) Funds awarded for grants may not be used for purposes of construction, remodeling, or lease of facilities, nor for student financial aid, purchase of equipment, or for programs and activities not eligible for state apportionment. (e) Financial participation by an applicant shall be no less than 10 percent of the total cost of the project. Overhead or indirect costs may be included in a proposal only as part of the financial participation provided by the applicant. Note: Authority cited: Sections 66700, 70901(b) and (c), Education Code. Reference: Sections 84381 and 84382, Education Code. s 56678. Reporting. The following reports shall be submitted to the Chancellor on forms provided by and in accordance with procedures established by the Chancellor for transmission to the Board of Governors: (a) A semi-annual report, including a statement of expenditures to date, for each project. (b) A final report for each project containing also a comprehensive fiscal statement, within 60 days after the expiration of the grant. Fifteen percent of the funds awarded for each project shall be withheld until the final report satisfying the conditions and criteria under which it was funded is received. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84383, Education Code. s 56680. Purpose. Note: Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code. s 56682. Criteria for Funding. (a) Loans shall be awarded in accordance with the same criteria, standards and processes which are applicable to grants. (b) Loan funds authorized by this article are subject to the same constraints applicable to grant funds pursuant to section 56676(d), except that loan funds may be used to purchase equipment. (c) The Chancellor shall develop an accounting system and a repayment schedule for loan funds. Note: Authority cited: Sections 66700, 70901(b) and (c), Education Code. Reference: Section 84381, Education Code. s 56684. Repayment of Loans. Upon certification by the Chancellor a loan shall be drawn from the Community College Fund for Instructional Improvement by the State Controller in favor of the applicant district. During each of the three years beginning with the fiscal year immediately succeeding the fiscal year in which the loan is made under this section, the State Controller shall deduct from the second principal apportionment made from Section B of the State School Fund to the community college district an amount equal to one-third of the amount loaned to the district, and transfer the amount into the Community College Fund for Instructional Improvement. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 56700. Underrepresented Students Special Project Fund. Note: Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code. s 57000. General Provisions. Note: Authority cited for Chapter 1: Sections 71020, 71024 and 81805, Education Code. Reference: Chapter 4 (commencing with Section 81800), Part 49, Division 7, Education Code. s 57001. Definitions. For the purposes of this chapter: (a) "A small community college" means a college with 35,000 or fewer weekly student contact hours (WSCH) in credit and noncredit courses and programs. (b) "Leased or rented" means a building for which rental costs are paid, and the use of which will be discontinued upon the completion of the project for which application has been submitted. (c) "Permanent building" means a building for which there is no plan for removal or demolition. (d) "Temporary building" means a building of limited worth which, according to the capital construction master plan, is anticipated to be demolished or replaced within five years. All other buildings are to be considered permanent. (e) As used in this chapter, "weekly student contact hours" means the product of the number of students and the scheduled class periods in which they are enrolled, in graded and ungraded community college classes convened prior to 10 o'clock p.m. during a census week. A class period is not less than 50 minutes and not more than 60 minutes. Note: Authority cited: Sections 66700, 70901, and 81805 Education Code. Reference: Chapter 4 (commencing with Section 81800) of Part 49, Division 7, Education Code. s 57001.5. Project. (a) As used in this chapter "project" means the purpose for which a community college district has applied for assistance under chapter 4 of part 49 of the Education Code for one or more institutions under its authority or for district wide facilities. A project may include the planning, acquisition, and improvement of community college sites; the planning, construction, reconstruction. or remodeling of any permanent structure necessary for use as a classroom, a laboratory, a library, a performing arts facility, a gymnasium, the basic outdoor physical education facilities, the basic food service facilities, or child development centers, pursuant to section 79120 of the Education Code; related facilities necessary for the instruction of students or for administration of the educational program; maintenance or utility facilities essential to the operation of the foregoing facilities and the initial acquisition of equipment. A project may also include the initial furnishing of, and initial acquisition of equipment for, any facility leased or lease-purchased by a community college district as of August 1, 1987, for educational purpose or purposes. (b) A project may also include the reconstruction or remodeling of any facility leased or lease-purchased for educational purposes. The Chancellor's Office shall require transfer to the community college district of title or any other interest considered sufficient by the district, in and to facilities presently leased or to be leased in the future by the district, to the extent of the funds appropriated for reconstruction or remodeling of leased facilities. When sufficient title or interest has not been transferred, the term of the lease shall be of sufficient duration to completely amortize the reconstruction or remodeling cost. Such amortization shall be determined by utilizing current interest rates and normal accounting practices. If the lease is terminated prior to amortizing the reconstruction or remodeling costs the district shall repay the state for any unamortized state costs. A project consisting of the construction of any facilities listed in subdivision (a) on property that conforms to subdivision (b) of section 81530 of the Education Code shall be eligible for state funding. For any project that is constructed under this paragraph, the term of the lease shall be of sufficient duration to completely amortize the cost of the project and the governing board of the community college district shall provide in the lease agreement a hold harmless clause satisfactory to the lessor. The amortization shall be determined by utilizing current interest rates and normal accounting practices. If the lease is terminated prior to amortizing the project, the district shall pay the state for any unamortized state costs. (c) The projects defined by subdivisions (a) and (b) of this section shall not be construed as a commitment by the Board of Governors as to the type or possible number of projects that may be considered during any fiscal year. (d) A project shall not include the planning or construction of dormitories, student centers other than cafeterias, stadia, the improvement of sites for student or staff parking, or single-purpose auditoriums. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57001.7. Educational Center. As used in this Chapter, "educational center" is defined as provided in Section 55827(b). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57002. Federal Fund Proration. When the physical detail and intent of a project subject to a federal grant differs materially from the physical detail and intent for which state funds are appropriated, the federal funds shall be prorated on the scope of the project subject to the federal grant and that prorated share be made applicable to the project subject to state matching funds. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Section 81805, Education Code. s 57003. Projecting Graded and Ungraded Enrollments. s 57010. Appeals from Administrative Actions. Any action of the Chancellor in administering this chapter may be appealed to the Board of Governors by the governing board of an affected community college district. The appeal shall be placed on the agenda of the Board in accordance with the general agenda practices of the Board. The decision of the Board on such appeals shall be final. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57011. Expenditures; Final Report. Upon completion of a project the governing board shall submit to the Chancellor, within 30 days after the closure of the current fiscal year, a final report on all expenditures in connection with the sources of the funds expended. The district shall be subject to a state post-audit review of fund claims for all such projects. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57013. Coordination of Planning with Recreation and Park Authorities. The governing board of any community college district shall meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new facilities and sites or major additions to existing facilities and recreation and park facilities in the community. Any community college district planning, designing, or constructing new facilities shall report to the Chancellor's Office on plans to achieve: (a) a greater use of any joint or contiguous recreation and park facilities by the district; and (b) possible use by the total community of such facilities and sites and recreation and park facilities. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57014. Submission. Any community college district may submit a proposed project to the Chancellor for review and approval or disapproval. The proposed project shall be an element of the district's plan for capital construction. It shall be in such form and contain such detail as will permit its evaluation and approval with reference to the elements of the capital construction program specified in section 81821 of the Education Code. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57015. Chancellor's Review and Evaluation: Elements of Review. The Chancellor shall review and evaluate each proposed project with reference to the elements of the capital construction program specified in Education Code, section 81821. The review shall include the following elements: (a) An architectural analysis to determine costs of the various phases of the project, with particular attention to be directed to the type of construction, unit costs, and the efficiency of particular buildings and facilities in terms of effective utilization of area. (b) Determining the amount of federal funds available for the project, and taking appropriate measures to ensure that the project will qualify for the maximum amounts of federal funds practicable under the circumstances. "Federal funds" means any construction and equipment moneys provided by the federal government to a community college district for the project or any part of the project, which are or will be available to the district for the project. (c) Determining the total cost of the project, reducing the total cost by the amount of federal funds available thereof, and determining the remainder thereof to be borne by the state, or, if the district has matching funds, by the state and by the district. The determination as to whether the district has funds to provide all or part of its matching share of the project shall be made on the basis of district ability. If the district ability, as determined by section 57033.1, is sufficient to meet the matching costs of the project or its individual phases of planning, working drawings, construction, equipment, or land acquisition, the district shall bear its matching share of the cost of the project or one or more of its phases. If the district funds available are insufficient to provide the district's matching share for the cost of the project or one or more of its phases, computed pursuant to section 57033.1, the district shall provide the moneys available, as defined by the Board of Governors, and state funds may be requested to provide the balance of funds required. Private funds available for specific projects may be used as a credit toward the district match. (d) Determining the total of funds required for the first phase of the project to be provided on a matching basis by the state and the district, and the total state appropriation required to be provided for the project or one or more of its phases. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57016. Final Action; Time Limit. A proposed project submitted by the governing board of a community college district to the Chancellor pursuant to section 57014 prior to February 1st of each year shall be finally acted upon by the Chancellor pursuant to section 57014 on or before the next succeeding May 1st of each year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57020. Standards. The computed existing and projected capacity and utilization standards listed in this article shall apply unless it is determined by the Chancellor in consultation with the Department of Finance that extraordinary conditions exist. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Section 81805, Education Code. s 57021. Classroom Use. Classrooms and seminar room use shall be not less than 48 hours per 70-hour week for a campus of less than 140,000 weekly student contact hours per week, and not less than 53 hours per 70-hour week for a campus with 140,000, or more, weekly student contact hours. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57022. Laboratory Use. Laboratory room use shall be not less than 27.5 hours per 70-hour week. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57023. Classroom Occupancy. Classroom and seminar room station occupancy shall be not less than 66 percent of capacity. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57024. Laboratory Occupancy. Laboratory room station occupancy shall be not less than 85 percent of capacity. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57025. Classroom Space Per Station. The computed average space per station in both existing and future classroom, seminar room, and service areas shall be 15 square feet per student station. ((Assignable square feet per station) / (Room use standard x station occupancy standard)) x 100 Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57026. Small College, Sliding Scale Allowance. s 57027. Capacity of Future Assignable Space. The formula for determining the assignable space for future classrooms and seminar rooms per projected 100 weekly student contact hours is as follows: Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57028. Capacity of Future Laboratory and Service Areas. In determining the computed capacity of future laboratory and service area facilities, the following space allocations by standard classification of subject matter shall be applied on a campus-wide basis: ASSIGNABLE SQUARE FEET PER STATION AND PER 100 WEEKLY STUDENT CONTACT HOURS, CALIFORNIA COMMUNITY COLLEGES. 1. Classroom and Seminars (Including Classroom Service) 8 a.m. to 10 p.m. Campus Weekly Student ASF/100 Contact Hours ASF/STN. WSCH* Less than 140,000.... 15...... 47.3 140,000 or more...... 15...... 42.9 2. Teaching Laboratories (Including Teaching Laboratory Service) 8 a.m. to 10 p.m. ASF/100 Subject Grouping ASF/STN WSCH* Agriculture 115 492 Architecture 60 257 Biological Sciences 55 233 Business and Mgmt. 30 128 Communications 50 214 Computer & Info. Sci. 40 171 Education 75 321 Diesel 200 856 Air Conditioning 130 556 Refrigeration 130 556 Auto-Body & Fender 200 856 Auto-Mechanic 200 856 Auto-Technology 75 321 Small Engine Repair 100 428 Aviation Maint. 175 749 Plastics 130 556 Stationary Eng. 200 856 (Engineering) 75 321 Fine & Applied Arts 60 257 Foreign Language 35 150 Health Services 50 214 Home Economics 60 257 Letters 35 150 Library Science 35 150 Mathematics 35 150 Physical Sciences 60 257 Psychology 35 150 Pub. Affairs & Serv. 50 214 Social Sciences 35 150 Commercial Serv. 50 214 Interdisciplinary 60 257 *Based on following utilization components for space standards computation: Classrooms and Seminars Campus WSCH Hrs./wks. Stn. Occ.% Stn. Use Less than 140,000 48 X .66 - 31.68 140,000 or more 53 X .66 - 34.98 Laboratories: LD 27.5 X .85 - 23.375 Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57029. Office Space. All office space (academic offices, administrative and clerical office service rooms, and conference rooms) shall be computed at 140 assignable square feet for each full-time equivalent instructional staff member. Office space for a small Community College district shall be computed at 160 assignable square feet for each full-time equivalent instructional staff member. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57030. Library Space. All library space shall be computed by assignable square feet for library functions as specified in the subdivisions of this section. Square feet are "assignable" only if they are usable for the function described. Areas such as the main lobby (excluding card catalogue area), elevators, stairs, walled corridors, rest rooms, and areas accommodating building maintenance services are not deemed usable for any of the described functions. Stack Space = .1 ASF x Number of Bound Volumes Number of Volumes Initial Increment = 16,000 volumes Additional Increments (a) Under 3,000 DGE [FNa1] = +8 volumes per DGS [FNaa1] (b) 3,000-9,000 DGE = +7 volumes per DGS (c) Above 9,000 DGE = +6 volumes per DGS Staff Space = (140 ASF x Number of FTE Staff) + 400 ASF Number of FTE Staff Initial Increment = 3.0 FTE Additional Increments (a) Under 3,000 DGE = +.0020 FTE Staff per DGS (b) 3,000-9,000 DGE = +.0015 FTE Staff per DGS (c) Above 9,000 DGE = +.0010 FTE Staff per DGS Reader Station Space = 27.5 ASF x Number of Reader Stations Number of Reader Stations Initial Increment = 50 Stations Additional Increments (a) Under 3,000 DGE = +.10 Stations per DGS (b) 3,000-9,000 DGE = +.09 Stations per DGS (c) Above 9,000 DGE = +.08 Stations per DGS Total Space = Initial Increment = 3,795 ASF Additional Increments (a) Under 3,000 DGE = +3.83 ASF per DGS (b) 3,000-9,000 DGE = +3.39 ASF per DGS (c) Above 9,000 DGE = +2.94 ASF per DGS For audio-visual and programmed instruction activities associated with library learning resource functions, additional areas sized for individual needs but not exceeding the following totals for the district as a whole. Total Space = Initial Increment = 3,500 ASF Additional Increments (a) Under 3,000 DGE [FNa1] = 1.50 ASF per DGS [FNaa1] (b) 3,000-9,000 DGE = 0.75 ASF per DGS (c) Above 9,000 DGE = 0.25 ASF per DGS ---------- [FNa1] Day-Graded Enrollment [FNaa1] Day-Graded Student Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57031. Abbreviations. ASF/STN = Assignable square feet per student station Classrooms: Hrs./Wk. = Number of hours out of a 70-hour week, 8 a.m. to 10 p.m., a classroom, on the average, should be used Class Laboratories: Hrs./Wk. = Number of hours out of a 70-hour week, 8 a.m. to 10 p.m., a class laboratory, on the average, should be used STN. Occ. = The percentage of expected student station occupancy when rooms are in use STN. Use = The number of hours per week (out of the 70-hour week for classrooms and class laboratories) which a student station, on the average, should be used WSCH = Weekly Student Contact Hours-8 a.m. to 10 p.m. WSCH for nonlaboratory (lecture) and laboratory hours. Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57032. Formula for Deriving the Standards. ((ASF/STN)/(Hrs./Wk. x STN. Occ.) x 100 = ASF/100 WSCH Example A. For determining ASF/WSCH in Classrooms and Seminars on an 8 a.m. to 10 p.m. basis: ASF/STN. = 15 Hrs./Wk. = 53 STN./Occ. = .66 ((15) / (53.0 x .66)) x 100 = 42.9 ASF/100 WSCH Example B. For determining ASF/WSCH in Biological Science Laboratory on an 8 a.m. to 10 p.m. basis: ASF/STN = 55 Hrs./Wk. = 27.5 STN./Occ. = .85 ((55) / (27.5 x .85)) x 100 = 235 ASF/100 WSCH Note: Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code. s 57033. District Matching Share. Note: Authority cited: Sections 71020, 81805 and 81838, Education Code. Reference: Sections 81802, 81806, 81807, 81830, 81831 and 81838, Education Code. s 57033.1. Determination of District's Matching Share; Adoption of Criteria; Chancellor's Recommendation; Review by Board in Forwarding Budget Request to Department of Finance. The Chancellor shall adopt criteria for determining districts' matching shares of the cost of capital outlay projects. Pursuant to that criteria, the Chancellor shall recommend each district's match, which shall be reviewed by the Board in forwarding its annual budget request to the Department of Finance for determination by the Legislature. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57034. Waiver of District Matching Share. Note: Authority cited: Sections 71020, 81805 and 81838, Education Code. Reference: Sections 81802, 81806, 81807, 81830, 81831 and 81838, Education Code. s 57050. General Provisions. For the purposes of administration and implementation of Board of Governors Energy and Resources Policy under the Community College Construction Act, the provisions of this subchapter apply. Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 70901 and 81800-81839, Education Code. s 57051. Definitions. For the purposes of this subchapter: (a) "Energy Conservation Project" means the acquisition, development, or modification of facilities and equipment which result in the conservation of energy; energy audits; energy conservation and operating procedures; energy conservation measures; water conservation measures; and redraft consisting of modifications made to existing equipment or structures. (b) "Energy Conservation Program," means an organized activity approved and adopted by a community college district governing board in the form of a written summary of the activities by the district toward the conserving of energy sources. (c) "Energy Audit (EA)," means the nontechnical review of a facility to ascertain the existing level of energy use efficiency. (d) "Technical Audit" (TA), means a specialized study designed to identify and specify energy resource savings and related cost savings which may be realized as a result of modification of maintenance and operating procedures, acquisition and installation of one or more specified energy conservation measures, or planning of specific remodeling, renovation, repair and replacement of facilities. (e) "Technical Auditor" means a California registered engineer with energy conservation experience authorized by the California Energy Commission to conduct technical audits for all public building in the State of California. (f) "Pay-back Period" is the length of time required for the flow of net cash proceeds or cash saving produced by an investment to equal the original cash outlay required by the investment. (g) "Energy Conservation Measure" means an installation or modification of a system in a building or facility which is primarily intended to reduce energy consumption or allow the use of a more desirable energy source. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code. s 57052. Need for Energy Conservation Projects. (a) For those districts requesting a state supported energy conservation project, a summary of the local district Energy Conservation program as adopted by the governing board shall be a part of the annual district Five-Year Construction Plan. (b) A community college district submitting an energy conservation project for state aid under the capital outlay program of the Community College Construction Act of 1980 shall indicate the need for such assistance in the annual district Five-Year Construction Plan. Such need is to appear as a component part of the Statement of Educational Plans for the district. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code. s 57053. Identification of Energy Conservation Projects. (a) When the need for state financial assistance for an energy conservation project (as defined in subsection (a) of section 57051) has been adequately established, it shall be submitted as a project planning guide in accordance with established format to the Chancellor's Office. (b) The project planning guide shall contain evidence of an approved Energy Audit (EA) on file with the California Energy Commission. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code. s 57054. Evaluation of Energy Conservation Projects. All projects submitted as energy conservation related shall be ranked on the basis of criteria developed by the Chancellor's Office and shall include but not be limited to: (a) Level of energy use-those projects identified to correct conditions of higher energy use application shall receive higher priority evaluation. (b) Pay-back period-those projects which by their design or proposed application demonstrate the shortest possible pay-back period shall receive higher priority evaluation. (c) The extent to which the district has implemented an energy conservation program which meets the objectives specified in Board of Governors Policy Statement on Energy and Resource Conservation. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code. s 57055. Developmental Progression of Energy Conservation Related Capital Outlay Projects. (a) Energy conservation related projects shall be evaluated and ranked for approval by the Chancellor following the existing procedures for the statewide capital outlay program. (b) Upon securing approval of a proposed energy conservation project by all appropriate review agencies, the governing board of a community college may submit to the Chancellor for approval, or disapproval, preliminary plans for the project. (c) Preliminary plans for energy related projects shall include: (1) The results of a technical audit (TA) performed by an authorized Technical Auditor which describes in detail the energy conservation measures the project is to institute. (2) The status of the project as related to the various federal and state aided programs for energy conservation. (3) An architectural and/or engineering analysis setting forth the detailed costs of the various elements of the project. Note: Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code. s 57060. Legislative Findings, Declarations and Intent; Energy Conservation. The Board of Governors finds and declares that it is in the interest of the state and of the people thereof for the state to aid community college districts in finding cost-effective methods of conserving energy in buildings maintained by the districts. The Board of Governors also finds that while many districts may desire to participate in energy conservation programs designed to reduce the steadily rising costs of meeting the energy needs of district buildings, that the costs involved in improving existing facilities to become more energy efficient are often prohibitive. It is the intent of the Board of Governors in adopting this regulation to encourage community college districts to retrofit buildings so as to conserve energy and reduce the costs of supplying energy. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57061. Community College Districts, Borrowing; Retrofitting Buildings for Energy Conservation; Savings and Loan Investment. (a) Community college districts may borrow funds from federal or state regulated financial institutions for the purposes of design and construction costs associated with retrofitting buildings to become more energy efficient. Community college districts shall only be authorized to borrow an amount which does not exceed that which can be repaid from energy cost avoidance savings accumulated from the improvement of school facilities. (b) Any savings and loan association may make loans or advances of credit pursuant to the provisions of subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings and loan associations are permitted to undertake under the provisions of the Financial Code. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57062. Pre-Audits and Post-Audits for Buildings. To the extent that these services are available, community college districts shall arrange for the pre-audit and post-audit of buildings by investor-owned or municipal utility companies or by independent energy audit companies or organizations which are recognized by federal or state regulated financial institutions. The pre-audit shall identify the type and amount of work necessary to retrofit the buildings and shall include an estimate of projected energy savings. The post-audit shall be conducted upon completion of the retrofitting of the buildings to insure that the project satisfies the recommendations of the pre-audit. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57063. Contracts. Community college districts taking action under this article shall contract with qualified businesses capable of retrofitting school buildings. To the extent that lists of qualified businesses are made available to community college districts by investor-owned or municipal utility companies or federal or state regulated financial institutions, community college districts may utilize the services of these businesses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 57100. General. (a) The regulations adopted under this Chapter are pursuant to the California Environmental Quality Act of 1970 (division 13 commencing with section 21000 of the Public Resources Code) and Guidelines adopted by Secretary for Resources in Division 6, Title 14, California Administrative Code. (b) The purpose of these regulations is to provide basic principles, objectives, criteria and definitions for use by the Chancellor of the California Community Colleges in reviews required by the Education Code of community college construction projects. (c) It is the intent of the Board of Governors to adopt in substance the Guidelines adopted by the Secretary for Resources in division 6, title 14, California Administrative Code, section 15000 et seq. Note: Authority cited: Sections 66700 and 70901, Education Code, and Section 21082, Public Resources Code. Reference: Division 13 (commencing with Section 21000), Public Resources Code. s 57101. Purpose. s 57120. Basic Guidelines. s 57121. Application. (a) When reviewing proposals from Community College districts for acquisition of land to be used as a site for college facilities, the Chancellor shall also review the Community College district's Initial Study (section 15080, title 14, California Administrative Code) of the development intended on the land and include the result of this review in a site review report. (b) The Chancellor shall require that proposals for initial construction of facilities for a new campus be accompanied by a long-range plan for physical development approved by the district governing board which shows the intended use of all portions of the land and approximate location of buildings and facilities. (c) The Chancellor shall require that an Initial Study, pursuant to section 15080, title 14, California Administrative Code, be submitted to the Chancellor's office concurrent with other required information. (d) The Chancellor shall require that a copy of the (1) finding of Categorical Exemption (section 15023, title 14, California Administrative Code); Negative Declaration (section 15083, Title 14, California Administrative Code); or Notice of Completion (section 15085(c), title 14, California Administrative Code), whichever is appropriate, be submitted to his office concurrently with preliminary plans. (e) The Chancellor shall require a copy of the findings of Categorical Exemption or Notice of Determination (section 15085(g), Title 14, California Administrative Code), whichever is appropriate, be submitted to the Chancellor's office concurrently with plans submitted for approval in accordance with section 81837 of the Education Code. (f) The Chancellor shall withhold authorization of the use of state funds for construction until requirements of the California Environmental Quality Act of 1970 have been met. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Division 13 (commencing with Section 21000), Public Resources Code. s 57140. Procedures. Note: Authority cited: Sections 71020 and 71062, Education Code. Reference: Section 71091, Education Code; Division 13 (commencing with Section 21000), Public Resources Code. s 57150. Purpose. The purpose of these regulations is to provide basic definitions, principles, and standards for use by the Chancellor of the California Community Colleges in considering any district-funded construction project subject to the requirements of section 81837 of the Education Code. Note: Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code. s 57152. Definitions. (a) "Capital Outlay Project" includes purchase of land and costs related thereto, including court costs, condemnation costs, legal fees, title fees, etc.; construction projects, including working drawings; and equipment related to a construction project regardless of cost or timing. (b) "Construction Project" includes new construction, alteration, and extension or betterment of existing structures. (c) "State-Funded Project" means a capital outlay project qualifying as a project pursuant to section 81805 of the Education Code, and for which a district requests or receives State funding assistance. (d) "District-Funded Project" means a capital outlay project subject to the provisions of section 81837 of the Education Code for which any funds, other than state funds, are paid or to be paid for erecting, adding to, or altering any community college facility. (e) "Five-Year Construction Plans" means a plan for capital construction for community college purposes of a community college district for the five-year period commencing with the next proposed year of funding. Note: Authority cited: Sections 66700, 70901 and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code. s 57154. Application. In each case, the application for approval of plans for a district-funded project shall be accompanied by the plans and full, complete and accurate take-off of assignable and gross square feet of space, which shall comply with any and all requirements prescribed by the Chancellor. Note: Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code. s 57156. Review. The review and evaluation of plans for a district-funded project by the Chancellor, shall include the following elements: (a) Review and evaluate each district-funded project with reference to the elements of the capital construction program specified in Education Code section 81821. (b) The review and evaluation shall be directed particularly to ascertain whether the locally funded project is of appropriate size, is appropriately timed and is justified in terms of the elements of the capital construction plans and where applicable, the standards as adopted by the Board of Governors. Note: Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code. s 57158. Chancellor's Response to Request for Approval of Plans. (a) When analysis by the Chancellor shows that approval of the plans for a proposed locally-funded construction of a community college facility would not result in facilities which would be substantially at variance with space and utilization standards adopted by the Board of Governors, the Chancellor shall approve the plans. (b) When analysis by the Chancellor shows that approval of the plans would result in facilities which would be substantially at variance with space and utilization standards adopted by the Board of Governors, the Chancellor shall respond by: (1) Imposing conditions for the approval of the plans; or (2) Finding that despite the substantial variance with space standards, the plans, as submitted, are acceptable, and responding to the district with: (A) Cautions, and/or (B) Appraisal of the potential consequences of this variance. Note: Authority cited: Sections 66700, 70901 and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code. s 57200. Purpose. For the purposes of administration and implementation of the Community Colleges Facility Scheduled Maintenance and Special Repair Program as required by Education Code section 84660, the provisions of this subchapter shall apply. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 57201. General Requirements. Each community college district applying to receive funds pursuant to this subchapter shall: (a) Prepare and submit to the Chancellor a current five-year maintenance plan. The plan shall be consistent with the district's five-year capital outlay plan, but shall not duplicate that plan. The plan shall provide for ongoing as well as scheduled maintenance. (b) Maintain a level of ongoing maintenance during the year for which funds are requested commensurate with the level of activity in prior years. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 57202. Application for Funds. Districts shall apply to the Chancellor's Office for funding for scheduled maintenance in the form and manner specified by the Chancellor. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 57203. Allocation of Funds. The Chancellor shall allocate the funds appropriated by the Legislature as soon as such funds are available, and in accordance with the project priorities established, provided that ten percent (10%) of the funds may be held for contingencies that may occur during the year. Any such funds initially held for contingencies shall be allocated prior to the end of the fiscal year. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 57204. Selection of Projects. The Chancellor shall evaluate district applications and rank projects for funding. Projects shall be ranked for funding using the following criteria, which shall be ranked equally: (a) Health and Safety. Priority shall be given to projects necessary to meet safety requirements and to correct hazardous conditions which, if uncorrected, would result in facility closure or danger to staff and students utilizing the facility. (b) Prevention of Further More Costly Repairs. Priority shall be given to scheduled maintenance for instructional facilities necessary to prevent substantially increased maintenance or replacement costs in the future. (c) Disruption of Programs. Priority shall be given to projects necessary to prevent disruption of instructional programs. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 57205. District Match. The Chancellor will allocate funds for only fifty percent of the costs for a scheduled maintenance project. In accepting funds under this subchapter, a district agrees to spend district funds necessary to complete the project. The Chancellor may waive this requirement in whole or in part for projects for which the district demonstrates that it cannot make available fifty percent of the costs for the project from other sources. The Chancellor shall waive this requirement only for projects with high priority for funding. Highest priority shall be given to those projects which the Chancellor determines are necessary to prevent a facility from being closed. Where projects would otherwise be of equal rank, first priority shall be given to those projects for which the district provides matching funds. Note: Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code. s 58000. Introduction. The documentation requirements set forth in this subchapter have been developed to promote standardized, accurate reporting of data used for calculating the State general apportionment, and to facilitate audits of related community college records. This documentation, based on detailed tabulations of course sections and appropriate support records as described below, shall be available to the auditor retained by the district pursuant to Education Code Section 84040, the Department of Finance, the Auditor General, and the Chancellor's Office. These records may also be required by federal auditors when federal funds are involved. Note: Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code. s 58002. Change in Academic Year Terms. Prior to any change in academic year terms, including the addition, deletion, shortening, or lengthening of any term, the governing board of a district shall request and obtain the approval of the Chancellor. The provisions of Subchapter 8 (commencing with Section 55700) of Chapter 6 shall govern the content, review, and approval of such requests. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58003. Computation of ADA. Note: Authority cited: Sections 71020, 76300 and 84520, Education Code. Reference: Sections 76300, 84520, 84521 and 84522, Education Code. s 58003.1. Full-time Equivalent Student; Computation. (a) Pursuant to the provisions of section 58051, the units of full-time equivalent student for apportionment purposes shall be computed for courses, including those delivered by distance education under article 3 (commencing with section 55205) of subchapter 1 of chapter 6, based on the type of course, the way the course is scheduled, and the length of the course. (b) The governing board of each community college district shall, for each of its colleges or its district, select and establish a single primary term length for credit courses that are scheduled regularly with respect to the number of days of the week and the number of hours the course meets each week, inclusive of holidays. The units of full-time equivalent student of credit courses scheduled coterminously with the term, exclusive of independent study and work-experience education courses, shall be computed by multiplying the student contact hours of active enrollment as of Monday of the weeks nearest to one-fifth of the length of the term, unless other weeks are specified by the Chancellor to incorporate past practice, by the term length multiplier, and divided by 525. The term length multiplier for attendance accounting purposes shall be determined in accordance with regulations of the Board of Governors, provided that the maximum multiplier for semester length terms shall be 17.5 and the maximum multiplier for quarter length terms shall be 11.67. (c) For credit courses scheduled to meet for five or more days and scheduled regularly with respect to the number of hours during each scheduled day, but not scheduled coterminously with the college's primary term established pursuant to subdivision (b), or scheduled during the summer or other intersession, the units of full-time equivalent student, exclusive of independent study and work-experience education courses, shall be computed by multiplying the daily student contact hours of active enrollment as of the census days nearest to one fifth of the length of the course by the number of days the course is scheduled to meet, and divided by 525. (d) For credit courses scheduled to meet for fewer than five days, and all credit courses scheduled irregularly with respect to the number of days of the week and the number of hours the course meets on the scheduled days, the units of full-time equivalent student, exclusive of independent study and work-experience education courses, shall be computed by dividing actual student contact hours of attendance by 525. (e) For all open entry-open exit credit courses and for all noncredit courses otherwise eligible for state aid, the units of full-time equivalent student shall be computed by dividing actual student contact hours of attendance by 525. (f) For independent study and work-experience education courses: (1) For credit courses, for purposes of computing full-time equivalent student only, one weekly student contact hour shall be counted for each unit of credit for which a student is enrolled in one of those courses. The full-time equivalent student of those courses shall be computed by multiplying the units of credit for which students are enrolled as of the census day prescribed in subdivision (b) or (c), as appropriate, for the primary term or intersession and duration for which the course is scheduled, by the term length multiplier as provided for in subdivision (b), and dividing by 525. (2) For noncredit course sections conducted as distance education pursuant to section 55316.5, for purposes of computing full-time equivalent student only, weekly student contact hours shall be derived by counting the hours of instruction or programming received by the students, plus instructor contact as defined in programming received by the students, plus instructor contact as defined in section 55211, plus outside-of-class work expected as noted in the course outline of record and approved by the curriculum committee, and dividing the total number of hours thus derived by 54. Hours of instruction or programming received shall be independently verified by the instructor using a method or procedure approved by the district according to policies adopted by the local governing board as required by section 58030. Full-time equivalent student for such noncredit distance instruction course sections shall be computed by multiplying: (A) the average of the number of students actively enrolled in the section as of each census date (those dates nearest to one-fifth and three-fifths of the length of the course section) by, (B) the weekly student contact hours as derived above in this section, by (C) the primary term length multiplier of 17.5, and (D) dividing by 525. (g) Notwithstanding subdivisions (b) and (c) of this section, the units of full-time equivalent student for any credit course other than independent study and work-experience education courses may, at the option of the district, be computed by dividing the actual student contact hours of attendance by 525. When a district chooses to exercise the option of computing attendance for any course section by the actual student contact hours method, such method must be used consistently for all attendance accounting for that section. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58003.2. Credit Courses; Full Term; Less Than Full Term. (a) For the purposes of this Chapter, full-time equivalent student (FTES) of students enrolled in any credit course, which is scheduled for the full term of a quarter or a semester, or for other sessions as approved by the Chancellor to meet the requirements of Section 58142, shall be computed pursuant to Section 58003.1. (b) Notwithstanding the provisions of Section 58003.1, full-time equivalent student (FTES) of students enrolled in any credit course, other than courses offered pursuant to Subsection (a) of Section 58051 or Section 58009.5, which is scheduled for a period of time other than the full term of a quarter or semester, or for other sessions approved for the purposes of Section 58142, shall be computed by dividing actual class hours of attendance by 525. Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Section 70901, Education Code. s 58003.3. Alien Students. Notwithstanding section 68062 of the Education Code, for the purposes of crediting community college attendance for apportionments from the State School Fund, a community college district may claim the attendance of students living in California who have been lawfully admitted to the United States in accordance with all applicable laws of the United States and enrolled in noncredit courses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58003.4. Full-time Equivalent Student; Periodic Reports; Increases and Decreases in Apportionments. For the purposes of this Chapter, the governing board of each community college district shall report to the Chancellor during each fiscal year the full-time equivalent student of the district for: (1) the period between July 1st and December 31st to be known as the "first period" report for the first principal apportionment, and (2) the period between July 1st and April 15th, inclusive, to be known as the "second period" report for the second principal apportionment. If the full-time equivalent student in the colleges of a district for the period of time between July 1st and June 30th is greater or lesser than the full-time equivalent student in the colleges reported for the second period report, the appropriate increases and decreases in the attendance shall be recomputed on the basis of the fiscal year in which such increases and decreases in full-time equivalent student were applicable, and the appropriate increases and decreases in apportionment shall be added or withheld in the next succeeding fiscal year pursuant to Section 58134. Each report shall be prepared in accordance with deadlines and instructions on forms prescribed and furnished by the Chancellor, and full-time equivalent student shall be computed as required by such forms. The attendance in noncredit classes maintained after April 15 of the preceding year and prior to the end of each reporting period shall be reported on each report. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58003.5. Computation of ADA for Fiscal Year 1982-83. Note: Authority cited: Sections 71020, 76300 and 84520, Education Code. Reference: Sections 76300 and 84520, Education Code. s 58003.6. Apportionment for Certain Nonresidents Attending High School in California. In accordance with section 68130.5 of the Education Code, students who are exempt from nonresident tuition pursuant to section 54045.5 may be included in calculating credit full-time equivalent student (FTES) for apportionment purposes. Note: Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code. s 58004. Application of Census Procedures. (a) The census procedures specified in subdivisions (b) and (c) of section 58003.1 shall apply to all credit courses, except for work experience and independent study pursuant to subdivision (f) of section 58003.1, and credit courses which are being reported on an actual attendance basis pursuant to subdivision (g) of section 58003.1. (b) The single primary term length census procedure specified in subdivision (b) of section 58003.1 shall be applied using the following: (1) The term length multiplier shall be determined by counting each week in which at least three days of instruction or examination in term length courses are scheduled. (2) Courses scheduled coterminous with the term are those courses scheduled to meet each week of the term, exclusive of final examination scheduling. (3) The census procedure specified in this subdivision may not be applied to any term shorter than ten weeks. (c) Districts shall, according to procedures adopted by the governing board, clear the rolls of inactive enrollment. Inactive enrollment in a course is defined as follows: As of each census day, any student who has (1) Been identified as a no show, or (2) Officially withdrawn from the course, or (3) Been dropped from the course. A student shall be dropped if no longer participating in the course, except if there are extenuating circumstances. "No longer participating" includes, but is not limited to, excessive unexcused absences but must relate to nonattendance. "Extenuating circumstances" are verified cases of accidents, illness, other circumstances beyond the control of the student, and other conditions defined by the governing board and published in regulations. The "drop date" shall be the end of business of the day immediately preceding the census day. Note: Authority cited: Sections 66700, 70901, 78401 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58005. Census Weeks and Census Days. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58006. Application of Actual Student Contact Hours of Attendance Procedure. The actual student contact hours of attendance procedure is based upon a count of students present at each course meeting, and shall apply to: (a) All credit courses, exclusive of independent study and work experience education courses, scheduled to meet for fewer than five days, or credit courses of five or more days which are scheduled irregularly with respect to the number of days of the week and the number of hours the course meets; (b) All open entry/open exit courses; (c) All noncredit courses otherwise eligible for state aid; (d) Inservice training courses in the areas of police, fire, corrections, and other criminal justice system occupations as defined in subdivision (c) of section 58051. (e) The attendance of students other than indentured apprentices who are actively enrolled in apprenticeship courses of related and supplemental instruction. (f) A district may use, but shall not be required to use the actual student contact hours of attendance procedure for any other credit course, exclusive of independent study and work experience education courses, which it offers. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58007. Noncredit Classes. Contact hours of enrollment in noncredit courses shall be based upon the count of students present at each course meeting. Full-time equivalent students in noncredit courses shall be computed by dividing the sum of contact hours of enrollment by 525. Noncredit distance education courses may be conducted as independent study pursuant to section 55316.5, and the computation of full-time equivalent students for such courses is prescribed in section 58003.1(f)(2). Nonresidents may be claimed for purposes of calculating full-time equivalent students only if they are living in California during the period of attendance and are otherwise eligible for such purposes as provided in this chapter. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58008. Application of Actual Clock Hours of Teaching Procedure. Actual clock hours of teaching procedure is based upon a count of each 50- through 60-minute hour of instruction devoted to each indentured apprentice enrolled in and attending apprenticeship courses of related and supplemental instruction pursuant to Labor Code section 3074. Note: Authority cited: Sections 8150-8153.5, 66700 and 70901, Education Code; and Section 3074, Labor Code. Reference: Sections 8150-8153 and 70901, Education Code; and Section 3074, Labor Code. s 58009. Application of Independent Study or Work-Experience Attendance Procedure. (a) One weekly student contact hour shall be counted for each unit of credit for which the student is enrolled as of the census day prescribed in section 58003.1(b) or (c) except for independent study laboratory courses. For independent study laboratory courses, weekly student contact hours shall be equivalent to those which would be generated for the same student effort in a laboratory course not offered as independent study. (b) For credit courses full-time equivalent students in independent study or work-experience education courses in primary terms is computed by multiplying the weekly student contact hours authorized pursuant to subdivision (a) of this section, generated as of the census date prescribed in section 58003.1(b) by the term length multiplier as provided for in section 58003.1, and dividing by 525. (c) For noncredit courses conducted as distance education, full-time equivalent students is computed on a census basis as prescribed in section 58003.1(f)(2). (d) Full-time equivalent student in independent study or work-experience education courses conducted during a summer or other intersession is computed by multiplying the weekly student contact hours, authorized pursuant to subdivision (a) of this section, generated in each course, by a course length multiplier that produces the same total weekly student contact hours for the same student effort as would be generated in such courses conducted in the primary terms, and dividing by 525. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58009.5. Computation for Work-Experience Education Programs. For the purposes of computing full-time equivalent student of community college students in cooperative education or work-experience education programs, the following provisions shall apply. (a) One student contact hour is to be counted for each unit of cooperative education or work-experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for classroom study and cooperative education or work-experience. The maximum contact hours counted for a student shall not exceed the maximum number of cooperative education or work-experience units for which the student may be granted credit under the rules and regulations of the Chancellor's Office. (b) "Immediate supervision" of off-campus work stations shallbe defined as student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and the qualified community college coordinator share responsibility for on-the-job supervision. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58010. Reporting Date Procedures. The governing board of each community college district shall report full-time equivalent student in accordance with the provisions of section 58003.4. (a) Full-time equivalent student for courses using census procedure may be reported in either the fiscal year in which the census day procedure is completed or in which the course ends. If the summer, full-time equivalent student, reported by a district as specified above, impacts other districts' apportionment to the detriment of the system by maximizing the district's reported FTES, and thereby resulting in the district's prior or succeeding year's reported FTES being less than its funded base FTES, the Chancellor shall have the authority to prescribe to the district the reporting of its summer FTES. (b) For courses using actual student contact hours of attendance procedure, the full-time equivalent student shall be reported in the period immediately following the completion of the course, even if the course overlaps fiscal years. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58012. Decimals; Rounding Off; References to Whole Numbers. In any computation of full-time equivalent student made under, or necessitated by any provision of law, the full-time equivalent student shall be computed to four decimal places and rounded to two decimal places for the purpose of reporting to the Chancellor's Office. Whenever any reference is made to a specific whole number of units of full-time equivalent student said number shall include any fraction above said number which is less than one-half of a unit and any fraction of one-half or more of a unit above the next lowest whole number. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58020. Census Day Procedure Tabulations. (a) For each course section census week, as defined in section 58003.1(b), or each course section census day, as defined in section 58003.1(c), a separate tabulation is required for each of the course categories using a census day procedure. Each tabulation shall provide a detailed listing for each course section as follows: (1) Identification: (A) Static course identifier code (B) Section identifier code (C) Title (D) Method of instruction code (2) Number of days the daily census course is scheduled to meet or number of weeks the weekly census course is scheduled to meet. (3) Number of class hours each daily census course section is scheduled to meet on the census day or number of class hours each weekly census course is scheduled to meet during the census week. (A) For other than independent study and work experience courses, each listing will include: 1. Regularly scheduled contact hours 2. Hours to be arranged (TBA) 3. Total contact hours scheduled per week (B) For independent study and work experience courses each listing will include the range of units of credit allowed. (4) Beginning and ending dates. (5) Date of census days. (6) An alphabetical list of each student actively enrolled in each course section indicating: (A) Name (last, first, initial) (B) Student identification code (C) Residency category as specified on Form CCFS 320 (D) Scheduled contact hours per week or per day (or units of credit for which enrolled in independent study and work experience courses). (b) Each tabulation shall also provide a grand total of student contact hours generated by residency category. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code. s 58022. Actual Student Contact Hours of Attendance Procedure Tabulations. (a) A separate tabulation is required for each of the course categories described in section 58006 of this subchapter. Each tabulation shall provide a detailed listing for each course section as follows: (1) Identification: (A) Static course identifier code. (B) Section identifier code. (C) Title. (D) Method of instruction code. (2) Number of days the course is scheduled to meet. (3) Number of class hours each course section is scheduled to meet. (4) Beginning and ending dates. (5) An alphabetical list of each student actively enrolled in each course section indicating: (A) Names (last, first, initial). (B) Student identification code. (C) Residency category as specified on Form CCFS 320. (D) Actual student contact hours of attendance. (b) Each tabulation described in this section shall also provide a grand total of actual student contact hours of attendance generated by residency category. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code. s 58023. Class Hour Unit. For purposes of this Article, the class hour unit for graded and ungraded classes is defined as not less than 50 consecutive minutes exclusive of passing time. In block scheduling of more than one class hour only one contact hour may be counted in each clock hour of 60 minutes, except that a fractional part of class hour beyond the last full clock hour may be counted from and including the 51st minute of the last full clock hour providing there is no class break in the last full clock or the partial class hour. The divisor for this fractional part of a class hour shall be 50. The Chancellor's Office may, by rule and regulation, make any and all other provisions necessary to carry out the provisions of this Article. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58024. Actual Apprentice Hours of Teaching Procedure Tabulations. (a) A separate tabulation is required for all indentured apprentices actively enrolled in each apprenticeship course of related and supplemental instruction pursuant to Labor Code Section 3074. Each tabulation shall provide a detailed listing for each course section as follows: (1) identification (A) static course identifier code (B) section identifier code (C) title (D) method of instruction code (2) number of days the course is scheduled to meet. (3) number of clock hours each course section is scheduled to meet. (4) beginning and ending dates. (5) an alphabetical list of each student considered part of the active enrollment in each course section indicating: (A) names (last, first, initial) (B) student identification code, and (C) actual clock hours (of 50 to 60 minutes) of attendance. (b) Each tabulation described in this Section shall also provide a grand total of actual clock hours of attendance. Note: Authority cited: Sections 8150-8152, 66700 and 70901, Education Code; and Section 3074, Labor Code. Reference: Sections 8150-8152, 70901, 84040 and 84040.5, Education Code; and Section 3074, Labor Code. s 58025. Nonresidents. The attendance of all students who are not residents of a community college district in courses during the academic year shall be kept separately from all other attendance, and the units of full-time equivalent student for such students shall be computed on an individual basis in the applicable manner prescribed in Section 58003.1 or Section 58007. The units of full-time equivalent student of students who are not residents of the community college district enrolled in intersession schools and classes for adults shall be kept separately from all other attendance, and the units of full-time equivalent student for such students shall be computed on an individual basis in the applicable manner prescribed in Section 58003.1 or Section 58007. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58030. Support Documentation. The governing board of each district shall adopt procedures that will document all course enrollment, attendance and disenrollment information required by the provisions of this subchapter. Authorized procedures shall include rules for retention of support documentation which will enable an independent determination regarding the accuracy of tabulations submitted by the district to the Chancellor's Office as the basis of its claim for State support. Such support documentation procedures shall provide for accurate and timely attendance and contact hour data and shall be so structured as to provide for internal controls. The governing board of each district shall, upon request, make available to the Chancellor's Office a copy of its authorized procedures for course enrollment, attendance and disenrollment documentation. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 84040.5, 84040.6 and 84500, Education Code. s 58031. Calculation of Attendance When Records Are Lost or Destroyed. Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on full-time equivalent student (FTES) for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Board of Governors by the affidavits of the members of the governing board of the district, the Board of Governors shall estimate the FTES of such district. The estimated FTES shall be deemed to be the actual FTES for that fiscal year for the making of apportionments to the district from the State School Fund. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 70901 and 84750, Education Code. s 58050. Conditions for Claiming Attendance. (a) All of the following conditions must be met in order for the attendance of students enrolled in a course to qualify for state apportionment: (1) The course or the program of which it is a part must be approved by the Board of Governors in accordance with the provisions of article 2 (commencing with section 55100) of subchapter 1, chapter 6. (2) The course must meet the criteria and standards for courses prescribed by section 55002. (3) Unless expressly exempted by statute, the course must be open to enrollment by the general public, in accordance with section 58051.5 and article 1 (commencing with section 58100) of subchapter 2 of this chapter. (4) The district may not receive full compensation for the direct education costs for the course from any public or private agency, individual or group of individuals in accordance with section 58051.5. (5) The students enrolled in the course must be engaged in educational activities required of such students as described in the course outline of record. The number of contact hours for which apportionment is claimed shall not exceed the number specified in the course outline of record, subject to computation adjustments authorized pursuant to other provisions of this subchapter including, but not limited to, sections 58003.1, 58023 and 58164. If the course involves student use of district computers, other equipment, or facilities, the district shall monitor usage of such equipment or facilities as part of the course to ensure that they are used solely for the specified educational activities. (6) The students must be under the immediate supervision of an employee of the district, unless provided otherwise by law. (7) The employee of the district must hold valid and unrevoked credentials or be employed pursuant to minimum standards adopted by the Board of Governors or equivalencies pursuant to section 53430 authorizing the employee to render service in the capacity and during the period in which the employee served. (b) The regulations in this article are intended to clarify and interpret attendance accounting terminology used in subsection (a), and in sections 58051 and 58055. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 78401 and 84500, Education Code. s 58051. Method for Computing Full-Time Equivalent Student (FTES). (a)(1) Except as otherwise provided, in computing the full-time equivalent student of a community college district, there shall be included only the attendance of students while they are engaged in educational activities required of students and while they are under the immediate supervision and control of an academic employee of the district authorized to render service in the capacity and during the period in which he or she served. (2) A community college district may also include the attendance of students enrolled in approved courses or programs of independent study, including courses or programs formerly conducted as coordinated instruction systems, who are under the supervision, control, and evaluation, but not necessarily in the immediate presence, of an academic employee of the district who is authorized to render such service. Such attendance may only be included for college level credit courses and programs which are accepted for completion of an appropriate educational sequence leading to an associate degree, and which generally are recognized upon transfer by institutions of the University of California or the California State University. The community college district shall determine the nature, manner, and place of conducting any independent study courses or program in accordance with rules and regulations adopted by the Board of Governors of the California Community Colleges to implement the purposes of this subsection. The rules and regulations shall require community college districts to ensure that the components of each individual study course or program for each student shall be set out in a written record or program, including the number of units and hours of study required, the arrangements for consultation with the instructor, the work product to be evaluated, and the college facility required. The rules and regulations shall also provide for input from, and participation by, faculty, who are selected by academic senates or faculty councils, and students, in the development and evaluation of approved educational courses and programs. (3) A community college district may also include the attendance of students enrolled in approved distance education in accordance with the provisions of article 3 (commencing with section 55205) of subchapter 1 of chapter 6. (b) For the purpose of work-experience education programs in the community colleges meeting the standards of the California State Plan for Vocational Education, "immediate supervision" of off-campus work training stations means student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and academic school personnel share the responsibility for on-the-job supervision. The student/instructor ratio in the work-experience program shall not exceed 125 students per full-time equivalent academic coordinator. (c) For purposes of computing the full-time equivalent student of a community college district, attendance shall also include student attendance and participation in in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations that conform to all apportionment attendance and course of study requirements otherwise imposed by law, if the courses are fully open to the enrollment and participation of the public. However, prerequisites for the courses shall not be established or construed so as to prevent academically qualified persons who are not employed by agencies in the criminal justice system from enrolling in and attending the courses. (d) Notwithstanding Subsection (c) and any regulations related thereto, a community college may give preference in enrollment to persons who are employed by, or serving in a voluntary capacity with, a fire protection or fire prevention agency in any course of in-service fire training at the community college in cooperation with any fire protection or fire prevention agency or association. Preference shall only be given when such persons could not otherwise complete the course within a reasonable time and when no other training program is reasonably available. At least 15 percent of the enrollment in in-service fire training courses shall consist of persons who are neither volunteers of, nor employed by, a fire protection or fire prevention agency or association, if the persons are available to attend a course. Full-time equivalent student for the courses shall be reported for state aid. (e) Subsection (d) shall apply only to the following: (1) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, have been, as of January 1, 1980, the primary source of in-service fire training for any fire protection or fire prevention agency or association. (2) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, establish in-service fire training for any fire protection or fire prevention agency or association which did not have in-service fire training, prior to January 1, 1980. (f) In the event that in-service training courses are restricted to employees of police, fire, corrections, and other criminal justice agencies, attendance for the restricted courses shall not be reported for purposes of state apportionments. A community college district which restricts enrollment in in-service training courses may contract with any public agency to provide compensation for the cost of conducting such courses. (g) Positive records of student admissions and full-time equivalent student in all in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations, as described in Subsection (c), shall be maintained by each district and shall be separately reported annually to the Chancellor's Office. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58051.5. Reports for Apportionment; Prohibited Classes. (a) No community college district may claim for purposes of state apportionment any classes: (1) if the district receives full compensation for direct education costs for the class from any public or private agency, individual or group of individuals; or (2) if the public or private agency, individual or group of individuals, with whom the district has a contract and/or instructional agreement, has received from other sources full compensation for the direct education costs for the conduct of the class; or (3) if such classes are not located in facilities clearly identified in such a manner, and established by appropriate procedures, to ensure that attendance in such classes is open to the general public, except that students may be required to meet prerequisites which have been established pursuant to Sections 55002, 55201 and 55202. (b) For classes that are not fully funded under contracts identified in paragraph (a)(2) and are claimed for apportionment purposes, the community college district shall require the contracting entity to certify that the direct education costs of the activity are not being fully funded through other sources. Note: Authority cited: Sections 70901 and 84752, Education Code. Reference: Sections 70901 and 84752, Education Code. s 58051.6. Full-Time Equivalent Student; Adult Education for Inmates of City, County, or City and County Jail, Road Camp, Farm or Federal Correctional Facility. (a) Notwithstanding sections 58050 and 58051.5(a)(3), the governing board of a community college district that provides classes for inmates of any city, county, or city and county jail, road camp, or farm for adults, or a federal correctional facility may include the units of full-time equivalent student generated in those classes and computed pursuant to section 58003.1, for purposes of state apportionments. However, apportionments for these units, whether generated in credit or noncredit courses, shall be limited to the lesser of either the district's prior year's level of funding or the noncredit apportionment rate as determined by the Chancellor, multiplied by the full-time equivalent student generated in such classes. (b) Any courses conducted under this section shall conform to the criteria and standards adopted by the Board of Governors under section 70901 of the Education Code, and shall be submitted to the Board of Governors for approval. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 84810.5 and 84750, Education Code. s 58052. Basic Requirement. The Board of Governors finds that the language quoted in Section 58051(a)(1) is the basic attendance accounting requirement for community colleges, and that the language is intended to promote the following purposes: (a) To ensure the effectiveness of instruction; (b) To ensure that state aid is apportioned according to the same standards to all districts; (c) To ensure the safety of students; and (d) To ensure that the state, districts, and students receive a reasonable return for monies expended. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58054. Educational Activities Required of Students. Note: Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 76300, 74805 and 84500, Education Code. s 58055. Immediate Supervision. (a) For the purposes of health sciences education programs in community colleges, "immediate supervision" means student participation in such programs wherein the person to whom the student is required to report for training, counseling, or other prescribed activity shares the responsibility for the supervision of the students in clinical activities with academic personnel of the district. In all such cases the person to whom the pupil is required to report and who is not an academic district employee shall possess a valid certificate or license to practice a healing art in California. (b) For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term "immediate supervision" as used in section 58051 means, in the context of classes conducted at the workplace, student participation in classes instructed by a person who is qualified, by means of education or experience, as a journeyman, and shares the responsibility for supervision of the students participating in the classes with academic personnel of the district. Note: Authority cited: Sections 67000 and 70901, Education Code. Reference: Section 70901, Education Code. s 58056. Immediate Supervision and Control. (a) Subdivision (a)(1) of section 58051 requires, as a condition for claiming attendance for apportionment purposes, the immediate supervision and control of an academic employee authorized to render service in a capacity and during the period in which he or she served. Immediate supervision and control requires the presence of the authorized employee. More specifically, immediate supervision or presence is characterized by all of the following: (1) The authorized employee is able, in terms of physical proximity and range of communication, to provide immediate instructional supervision and control; and (2) The authorized employee is in a position to provide the supervision and control necessary for the protection of the health and safety of students; and (3) The authorized employee is not to have any other assigned duty during the instructional activity for which attendance is being claimed. The criteria specified above are to be applied in recognition of the fact that the need for immediate supervision will vary according to the course being offered, as well as with the design or mode of instruction of such course or program. (b) Under the following limited circumstances, attendance of students enrolled in a course or program which does not meet the requirements of subdivision (a) shall qualify for apportionment purposes if: (1) The course or program is approved and being conducted as distance education in accordance with article 3 (commencing with section 55205) of subchapter 1 of chapter 6; or (2) The course or program is approved and being conducted as independent study in accordance with subchapter 4 (commencing with section 55300) of chapter 6; or (3) The course or program is approved and being conducted as work experience education in accordance with subchapter 3 (commencing with section 55250) of chapter 6 of this part; or (4) The course or program is approved and is being conducted as health sciences education in accordance with section 58055(a). (c) Attendance generated solely under an instructional assistant or aide does not qualify for apportionment. In addition, instructional aides shall not be used to increase the number of students in relation to the number of classroom instructors in the district. However, attendance may qualify for apportionment under the following limited circumstances: (1) The assistant or aide functions under the exclusive direction of the authorized employee assigned to that educational activity, and not independently; and (2) The assistant or aide performs only those duties specifically authorized by law, including, but not limited to, sections 88240-88249 of the Education Code; and, (3) The authorized employee is able, in terms of physical proximity and range of communication, to provide necessary supervision and control of students, so that by working in conjunction with the assistant or aide, the requirements of subsection (a) of this section are met. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58058. Employee of the District. (a) A person is an "employee of the district" within the meaning of subdivision (a)(1) of Section 58051 if: (1) The district has the primary right to control and direct the person's activities during the time such person is serving the district; and (2) A contract exists between the person and the district, indicia of which may include provisions which specify the terms and conditions of work, salary and other compensation, work to be performed, and employment classification; and, (3) The district compensates the person according to an adopted salary or wage schedule which complies with the provisions of Article 8 (commencing with Section 87801), Chapter 3, Part 51 of the Education Code. (b) For the purposes of complying with the requirements of this section, a district may also contract for instruction to be provided by a public or private agency. Such contracts shall specify that the district has the primary right to control and direct the activities of the person or persons furnished by the public or private agency during the term of the contract. In addition, the district shall enter into a written contract with each person furnished by the public or private agency; and said contracts shall meet the requirements of subsection (a)(1) and (2) of this section. In this manner an individual employed will continue to be an employee of a public or private agency, while at the same time qualifying as an employee of the district. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87801, Education Code. s 58060. Valid Employment Qualifications. For the purposes of Sections 58051 and 58056, the employee is deemed authorized to perform the services because he or she is employed pursuant to a valid, unrevoked credential issued by the Board of Governors or pursuant to minimum qualifications adopted by the Board of Governors or equivalencies pursuant to Section 53430. (a) If the person serves pursuant to a credential, (1) It must authorize the holder to provide instruction in the particular subject matter or matters; and (2) It must authorize the holder to provide that instruction during the period in which the holder is providing it. (b) If the person serves pursuant to minimum qualifications adopted by the Board of Governors or equivalencies, the qualifications or equivalencies must be related to the assignment and effective during the period of instruction for which attendance is being claimed. (c) For purposes of this section, an employee is deemed authorized to perform the services if he or she is employed as a faculty intern. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 84500 and 87487, Education Code. s 58100. Open Enrollment. Note: Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Section 84500 and 84500.1, Education Code. s 58102. Course Description. The description of each course shall be clear and understandable to the prospective student and shall be published in the official catalog, and/or schedule of classes, and/or addenda. A course description may indicate that the course is designed to meet certain specialized needs. If so indicated, the availability of the course to all qualified students must also be affirmed. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58104. Dissemination of Information. All courses to be conducted shall be described in the official general catalog and/or addenda and listed in the schedules of classes. Courses which are established or conducted after publication of the general catalog or regular schedule of classes shall be reasonably well publicized. Announcements of course offerings shall not be limited to a specialized clientele, nor shall any group or individual receive notice prior to the general public for the purposes of preferential enrollment, limiting accessibility, or exclusion of qualified students. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58106. Limitations on Enrollment. In order to be claimed for purposes of state apportionment, all courses shall be open to enrollment by any student who has been admitted to the college, provided that enrollment in specific courses or programs may be limited as follows: (a) Enrollment may be limited to students meeting prerequisites and corequisites established pursuant to sections 55200-55202, (b) Enrollment may be limited due to health and safety considerations, facility limitations, faculty workload, the availability of qualified instructors, funding limitations, the constraints of regional planning or legal requirements imposed by statutes, regulations, or contracts. The governing board shall adopt policies identifying any such limitations and requiring fair and equitable procedures for determining who may enroll in affected courses or programs. Such procedures shall be consistent with one or more of the following approaches: (1) limiting enrollment to a "first-come, first-served" basis or using other nonevaluative selection techniques to determine who may enroll; or (2) limiting enrollment using a registration procedure authorized by section 58108; or (3) in the case of intercollegiate competition, honors courses, or public performance courses, allocating available seats to those students judged most qualified; or (4) limiting enrollment in one or more sections of a course to a cohort of students enrolled in one or more other courses, provided however, that a reasonable percentage of all sections of the course do not have such restrictions; or (5) with respect to students on probation or subject to dismissal, the governing board may, consistent with the provisions of sections 55754-55755, limit enrollment to a total number of units or to selected courses, or require students to follow a prescribed educational plan. (c) A student may challenge an enrollment limitation established pursuant to subdivision (b) on any of the following grounds: (1) the enrollment limitation is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner; (2) the district is not following its policy on enrollment limitations; (3) the basis upon which the district has established an enrollment limitation does not in fact exist; or (4) any other criteria established by the district. (d) The student shall bear the burden of showing that grounds exists for the challenge. Challenges shall be handled in a timely manner, and if the challenge is upheld, the district shall waive the enrollment limitation with respect to that student. (e) In the case of a challenge under subdivision (c)(1), the district shall, upon completion of the challenge procedure, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58107. Facilities and Opportunities for Participation. Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a community college district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58108. Registration and Enrollment Procedures. Procedures for registration and standards for enrollment in any course shall be only those which are consistent with these and other sections of Title 5 and uniformly administered by appropriately authorized employees of the district. Except as otherwise provided by state law, no student shall be required to confer or consult with or be required to receive permission to enroll in any class from any person other than those employed by the college in the district. Students will not be required to participate in any preregistration activity not uniformly required; nor shall the college or district allow anyone to place or enforce nonacademic requisites as barriers to enrollment in or the successful completion of a class. No registration procedures shall be used that result in restricting enrollment to a specialized clientele. The following registration procedures are permissible: special registration assistance to the handicapped or disadvantaged student as defined by statute, for the purpose of providing equalization of educational opportunity; and enrollment of students in accordance with a priority system established pursuant to legal authority by the local board of trustees. With respect to accessibility to off-campus sites and facilities, no student is to be required to make any special effort not required of all students to register in any class or course section. Once enrolled in the class, all students must have equal access to the site. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58110. Enrollment Limitations. Note: Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Sections 84500 and 84500.1, Education Code. s 58120. Conditions for Inclusion as a Day. (a) For a day to count towards meeting the requirements of section 58142, courses of instruction must be offered for a minimum of three hours during the period of 7 a.m. and 11 p.m. (b) Notwithstanding subsection (a) of this section, days of final examination may be counted toward meeting the requirements of section 58142, provided that: (1) such examinations are administered under the immediate supervision and control of an appropriate academic employee of the district; and (2) not more than fourteen days of final examinations shall be counted for any academic year, as defined by the district. Note: Authority cited: Sections 70901 and 78401, Education Code. Reference: Section 70901, Education Code. s 58130. Noncredit Classes in Dancing or Recreational Physical Education; State Aid or Apportionment for Attendance. No state aid or apportionment may be claimed on account of the attendance of students in noncredit classes in dancing or recreational physical education. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58130.5. Estimate of School Money to Be Apportioned. The Chancellor shall, not later than the 25th day of July in each year, prepare an estimate of the amount of state school money that will be apportioned to each community college district during the current school year, and furnish a certified copy of the estimate to each community college district. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58131. Second Principal Apportionment. The Chancellor shall on or before June 25th of each year apportion to each community college district the total amounts allowed to them under section 84850. This apportionment shall be called the second principal apportionment. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58132. Final Apportionment. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58134. Adjustive Apportionment. If during any fiscal year there is apportioned to a community college district or to any fund from Section B of the State School Fund at least one hundred dollars ($100) more or at least one hundred dollars ($100) less than the amount to which the district or fund was entitled, the Chancellor, not later than the immediate succeeding fiscal year, shall withhold from, or add to the apportionment made during such fiscal year, the amount of such excess or deficiency, as the case may be. Notwithstanding any other provision of this Division to the contrary, excesses withheld or deficiencies added by the Chancellor under this Section shall be added to or allowed from any portion of Section B of the State School Fund. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58136. Authority to Make Adjustive Apportionments or Adjustive Deductions Where Required by a Judgment. When any judgment has been rendered which requires the apportionment from section B of the State School Fund to any district, to any other agency, or to any fund for any fiscal year of more than the amount actually apportioned thereto during such fiscal year, the difference shall be apportioned to the district, agency, or fund by the Chancellor from Section B of the State School Fund during the fiscal year following that in which the judgment becomes final before any other apportionment from section B of the State School Fund is made. Upon the becoming final of any judgment which requires the apportionment from section B of the State School Fund to any community college district, to any other agency, or to any fund for any fiscal year of difference shall be deducted from the apportionment made to such district, agency, or fund by the Chancellor from section B of the State School Fund during the fiscal year following that in which the judgment becomes final. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58138. Authority to Make Adjustive Apportionments on Inclusion of Additional Full-Time Equivalent Student. Wherever the attendance of students is not included in the computation of the full-time equivalent student of a community college district for any fiscal year because the person employed by the district to instruct such students did not have the qualifications required for the position during the period of such attendance, the governing board of the district may, upon payment of the salary of such person pursuant to Section 87810 of the Education Code, or similar provisions of law, report such attendance to the Chancellor during the fiscal year in which such salary is paid. Such report shall be made in such form as shall be prescribed and furnished by the Chancellor. Thereafter the Chancellor shall add to the apportionment from the State School Fund to the district during the next succeeding fiscal year or years as determined by him or her but not exceeding three, the additional amount to which the district would have been entitled in the fiscal year next succeeding that in which such attendance was not included in the computation of the full-time equivalent student of the district if such amount is at least one hundred dollars ($100) or more. Any such additional amount shall be apportioned from the State School Fund before any other apportionment from such fund is made and shall be allowed from any portion of such fund except that portion reserved as allowances for basic state aid. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58139. Criteria for Allocation of Funds. (a) The Board of Governors, pursuant to direction included in the annual state budget act, has adopted criteria for the allocation of funds to assure that priorities identified in the budget act are implemented. (b) A cap of two percent (2%) shall be established on district credit full-time equivalent student (FTES) activity that is not related to student needs within the three priority categories (transfer, basic skills, and vocational/workforce training). (c) Districts shall limit their credit FTES in nonpriority areas to two percent (2%) of total credit FTES. (d) If the Chancellor determines that a district has generated more than two percent (2%) of its credit FTES in areas outside the priority areas identified in subdivision (b), he or she shall notify the district that it will be subject to a reduction in its general apportionment (including growth for apportionment) to the extent that its full-time equivalent students exceeds the two percent (2%) cap. (e) The reduction of a district's apportionment pursuant to subdivision (d) of this section, shall be held in abeyance if, within thirty (30) days of receiving notice of the proposed reduction, the district elects to submit to the Chancellor an explanation of how it is complying with the priorities established by this section. (f) If the explanation is unsatisfactory, the Chancellor shall request the district to prepare a compliance plan within ninety (90) days of the request for the plan. If no plan is submitted, the plan is unsatisfactory or the district fails to adhere to the plan, the Chancellor shall proceed to make the reduction in apportionment to subdivision (d). (g) For purposes of this section, degree applicable and ESL courses will be presumed to be related to student needs in the priority categories unless the Chancellor receives evidence to the contrary. (h) This regulation shall be effective beginning with the 2004-05 academic year. (i) This regulation shall not be effective in any year in which compliance with the priorities set forth in subdivision (b) is not required by the annual state budget act or some other statute. Note: Authority cited: Section 70901, Education Code. Reference: 2003-2004 Budget Act (Stats. 2003, ch. 157 (AB 1765), Item 6870-101-0001, provision 5(a)). s 58140. Limitation on District Use of Apportionment. The governing board of each community college district shall, except as may otherwise be specifically provided by law, use all money apportioned to the district from the State School Fund during any fiscal year exclusively for the support of the school or schools of the district for that year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58142. Required Time for Maintaining Colleges During Preceding Fiscal Year; Withholding of Apportionment upon Failure to Comply. (a) No community college district, other than one newly formed, shall, except as otherwise provided in this article, receive its full apportionment from the State School Fund unless it has maintained the colleges of the district for at least 175 days during the next preceding fiscal year. (b) For the purposes of this article, the Board of Governors shall establish standards to determine whether the districts maintained the colleges of the district for at least 175 days during the next preceding fiscal year. (c) If a community college district fails to maintain its colleges for the required 175 days, the Board of Governors shall withhold from that district's apportionment the product of 0.01143 times the district's apportionment for each additional day the district would have had to maintain its colleges in order to meet the requirement prescribed by this section. This subdivision shall apply retroactively to fiscal year 1975-76 and each fiscal year thereafter. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58144. Newly Formed District. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58146. District Unable to Maintain School for Prescribed Time; Full-Time Equivalent Student Materially Decreased. (a) A district which is prevented from maintaining its schools during a fiscal year for at least 175 days because of fire, flood, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue such order to meet an emergency created by war, or because of other extraordinary conditions, or because of the inability to secure or to hold an instructor, or because of the illness of the instructor, where the lack of an instructor would close a college, which fact shall be shown to the satisfaction of the Board of Governors by the affidavits of the members of the governing board of the district, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 175 days. (b) Where a community college in a district maintaining more than one community college is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in (a), the full-time equivalent student of the community college shall be estimated separately, as provided in (c), and added to the full-time equivalent student of the other community colleges of the district. (c) Whenever the full-time equivalent student of any district during any fiscal year has been materially decreased during any fiscal year because of: (1) fire, (2) flood, (3) impassable roads, (4) an epidemic, (5) the imminence of a major safety hazard as determined by the local law enforcement agency, (6) a strike involving transportation services to students provided by a nondistrict entity, (7) the unavailability of classroom facilities leased by the district where the unavailability commences July 1, 2005, or thereafter and is caused by extraordinary factors wholly external to and beyond the control of the district, or (8) an order provided for in (a). The facts demonstrating the applicability of one of the circumstances described in this subdivision shall be established to the satisfaction of the Chancellor by affidavits of the members of the governing board of the district. The funding workload measures of the district for the fiscal year shall be estimated by the Board of Governors in such manner as to credit to the district from the State School Fund approximately the total which would have been credited to the district had the emergency not occurred or had the order not been issued. The provisions of this section shall apply to any funding workload measure which occurs during any part of a fiscal year. (d) As a condition to receiving the credit under subdivision (c), the district must demonstrate to the satisfaction of the Chancellor that it made good faith efforts to seek alternate facilities that were unaffected by the circumstances described in subdivision (c). (e) No credit under subdivision (c) will be allowed for the unavailability of facilities for more than one full term beyond the beginning of the circumstances described in subdivision (c) unless authorized by the Board of Governors. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58148. Lost or Destroyed Records. Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Section 70901, Education Code. s 58160. Noncredit Course Funding. (a) Only those noncredit courses which are eligible for funding pursuant to section 84757 of the Education Code may be claimed for purposes of state apportionments. (b) The provisions of sections 58050, 58051, 58051.5, 58130 and related provisions of this chapter also apply in determining whether a noncredit course is eligible for funding. Note: Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 84500 and 84757, Education Code. s 58161. State Apportionment for Course Repetition. (a) Except as specifically authorized by statute or by this section, no state apportionment shall be allowed for the attendance of a student in a course in which the student has previously received a grade from the district. (b) State apportionment may be claimed for the attendance of a student in a course in which the student has received a grade only if: (1) The student is repeating the course to alleviate substandard work which has been recorded on the student's record. The term "substandard" shall be defined as course work for which the grading symbol "D," "F," "FW," or "N/C" has been recorded; or (2) The district finds that the student's previous grade is, at least in part, the result of extenuating circumstances. Extenuating circumstances are verified cases of accidents, illness, or other circumstances beyond the control of the student; or (3) The district has determined that a student should repeat a course because there has been a significant lapse of time since the student previously took the course. The attendance of students repeating a course as authorized by this subdivision may be claimed only once for state apportionment. (c) When course repetition is necessary for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment, the district may claim state apportionment each time the student repeats the course. (d) State apportionment for repetition of courses not expressly authorized by this section may be claimed in accordance with the following procedure: (1) The district must identify the courses which are to be repeatable, and designate such courses in its catalog. (2) The district must determine and certify that each identified course is one in which the course content differs each time it is offered, and that the student who repeats it is gaining an expanded educational experience for one of the following reasons: (A) Skills or proficiencies are enhanced by supervised repetition and practice within class periods; or (B) Active participatory experience in individual study or group assignments is the basic means by which learning objectives are obtained. (3) The district must develop and implement a mechanism for the proper monitoring of such repetition. (4) The attendance of students repeating a course pursuant to this subdivision may be claimed for state apportionment for not more than three semesters or five quarters. Note: Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code. s 58162. Intercollegiate Athletics. (a) State apportionment may be claimed for the attendance of students enrolled in approved courses of intercollegiate athletics otherwise eligible for state assistance. (b) State apportionment for students in courses of intercollegiate athletics shall not be claimed for more than 175 hours of attendance for each enrolled student in each fiscal year for each sport in which the student participates. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58164. Open Entry/Open Exit Courses. (a) The term "open entry/open exit courses" refers to courses in which students enroll at various times, and complete at various times or at varying paces. Open entry/open exit courses may be conducted as either credit or noncredit courses and may be offered with or without regularly scheduled hours. (b) For open entry/open exit courses for which credit apportionment is claimed, one unit of credit shall be awarded for approximately 48 hours of recitation, study, or laboratory work. Increments of less than one unit of credit shall be awarded in the same proportion. (c) Where an open entry/open exit course provides supplemental learning assistance pursuant to section 58172, which supports another course or courses, the course outline of record for the open entry/open exit course must identify the other course or courses that it supports and the specific learning objectives to be addressed and the educational competencies students are to achieve. (d) Full-time equivalent student computations for enrollment in open entry/open exit courses shall be made pursuant to the provisions of subsection (e) of section 58003.1. (e) The maximum number of hours a student may be enrolled in an open entry/open exit course shall be determined by the curriculum committee established pursuant to section 55002 based on the maximum time reasonably needed to achieve the educational objectives of the course. (f) State apportionment shall not be claimed under this section for: (1) optional attendance at artistic or cultural presentations or events (such as, but not limited to, films, concerts, plays, or art exhibitions). (2) activities which are primarily student use of district facilities, equipment, or resources without provision of instruction involving specifically defined learning objectives and educational competencies set forth in the course outline of record. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58166. Field Trips. (a) State apportionment may be claimed for the attendance of students in courses which include a field trip or excursion pursuant to section 55450. (b) State apportionment for the attendance of students in courses which include a field trip or excursion shall not be claimed for more than forty-eight hours per unit of credit earned. No more attendance may be claimed for a field trip or excursion than if the class were held on campus. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58168. Tutoring. Tutoring, when provided by the college, shall be considered a method of instruction that involves a student tutor who has been successful in a particular subject or discipline, or who has demonstrated a particular skill, and who has received specific training in tutoring methods and who assists one or more students in need of special supplemental instruction in the subject or skill. Student attendance in tutoring is eligible for apportionment only in a noncredit course offered under the provisions of Education Code section 84757(a)(2). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58170. Apportionment for Tutoring. Apportionment may be claimed for individual student tutoring only if all the following conditions are met: (a) The individual student tutoring is conducted through a designated learning center. (b) The designated learning center is supervised by a person who meets the minimum qualifications prescribed by section 53415. (c) All tutors successfully complete instruction in tutoring methods and the use of appropriate written and mediated instructional materials, including supervised practice tutoring. This requirement may be waived by the chief instructional or student services officer on the basis of advanced degrees or equivalent training. Academic credit and apportionment for coursework in tutoring methods for purposes of this section shall be limited to two semester or three quarter units of credit, or 96 noncredit hours. All tutors shall be approved by a faculty member from the discipline or disciplines in which the student will tutor. (d) All students receiving individual tutoring have enrolled in a noncredit course carrying Taxonomy of Programs number 4930.09, which is entitled "Supervised Tutoring." (e) Students enroll in the Supervised Tutoring course, through registration procedures established pursuant to section 58108, after referral by a counselor or an instructor on the basis of an identified learning need. (f) An attendance accounting method is established which accurately and rigorously monitors positive attendance. (g) Student tutors may be remunerated but may not be granted academic credit for tutoring beyond that stipulated in (c) above. (h) The district shall not claim state apportionment for tutoring services for which it is being paid from state categorical funds. Note: Authority cited: Sections 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87356, Education Code. s 58172. Learning Assistance. Attendance for supplemental learning assistance when offered as part of a course may only be reported for state apportionment when either: (a) the learning assistance is a required component of another course, for all students in that course; or (b) the learning assistance is optional and is provided through an open entry/open exit course conducted pursuant to subdivision (c) of section 58164, which is intended to strengthen student skills and reinforce student mastery of concepts taught in another course or courses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58180. Offering Classes Under Flexible Calendar; Approval; Accountability of Employees Under Contract for 175 Days; Activities. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58182. Scheduling Configurations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58184. Review of District Plans; Approval. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58186. Distribution of Appropriations. Note: Authority cited: Sections 66700 and 70901, Education Code, Reference: Section 70901, Education Code. s 58188. Average Daily Attendance Units; Adjustments to Reflect Activities; Computation by Multiplier Factor. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58190. Requirement to Prepare and File Annual Statement. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58191. Proposed Budget; Hearing; Notice; Publication. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58192. "Budget". Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58194. Contents of Budget Report. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58195. Form of Budget Report. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58196. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58198. Effect of Neglect or Refusal to Make a Budget. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58199. District Budget Limitation on Expenditure. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58199.5. Appropriations of Excess Funds and Limitations Thereon. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58200. Program Designation and Participation. This program shall be designated as the Interstate Attendance Agreement. Participation shall be limited to institutions within states signatory to the Western Interstate Commission for Higher Education. Note: Authority cited: Section 66804, Education Code. Reference: Chapter 11, (commencing with Section 66800) Part 40, Division 5, Education Code. s 58202. One-for-One Exchange Basis. One-for-one exchange basis means the sum total of all California resident full-time equivalent students from all of California Community Colleges who are attending out-of-state public agencies within the WICHE compact and shall be equal to the sum total of all full-time equivalent students from the same states attending California Community Colleges. Note: Authority cited: Section 66804, Education Code. Reference: Section 66801, Education Code. s 58204. College Participation. In order to participate in the program, each college must adopt and direct to the Chancellor a resolution to that effect. The resolution will designate: (a) Type of program in which the college wishes to participate. (b) Name of class or program. (c) Number of student stations available for such participation in each. (d) Any limitation to participation consistent with terms of the agreement. (e) Tuition to be charged out-of-state students. Note: Authority cited: Section 66804, Education Code. Reference: Section 66802, Education Code. s 58206. Required Certification. In addition, the resolution will certify that: (a) All district and state resident students have been provided adequately for in the programs. (b) Out-of-state students will be subject to the same controls, rules and regulations governing the institution in respect to enrollment, admission, attendance and performances as are resident students. (c) In the event a curriculum is removed from a list of "specified curricula," students already enrolled in that curriculum shall be allowed to complete their studies under the terms and conditions prevailing at the time of original registration, providing enrollment is continuous. (d) No additional state funds will be required to carry out the provisions of the agreement. Note: Authority cited: Section 66804, Education Code. Reference: Sections 66801, 66802 and 66803, Education Code. s 58210. Reports. Annual reports will be made to the Chancellor by districts describing and evaluating the operation of their agreements. Note: Authority cited: Section 66804, Education Code. Reference: Sections 66801 and 66804, Education Code. s 58300. Requirements to Prepare and File Annual Statement. On or before the 15th day of September of each year the governing board of each community college district shall prepare and keep on file for public inspection a statement of all receipts and expenditures of the district for the preceding fiscal year and a statement of the estimated total expenses for the district for the current fiscal year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58301. Proposed Budget; Hearing; Notice; Publication. The governing board of each district shall hold a public hearing on the proposed budget for the ensuing fiscal year in a district facility, or some other place conveniently accessible to the residents of the district, on or before the 15th day of September but at least three days following availability of the proposed budget for public inspection, at which any resident in the district may appear and object to the proposed budget or any item in the budget. The hearing may be concluded on the proposed budget when there are no requests for further hearing on file. The budget shall not be finally adopted by the governing board of the district until after the public hearing has been held. The proposed budget, containing such fiscal information as may be required by the Chancellor, shall be made available by the district for public inspection in a facility of the district or in some other place conveniently accessible to residents of the district, during or before the first week in September. Notification of dates and location(s) at which the proposed budget may be inspected by the public and date, time, and location of the public hearing on the proposed budget shall be published by the district in a newspaper of general circulation in the district, at least three days prior to the availability of the proposed budget for public inspection. The cost of the publication shall be a legal proper charge against the district for which the publication is made. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 70901, Education Code. s 58302. Budget. As used in this article, "budget" includes the preliminary budget and the adopted budget of a community college district. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58303. Contents of Budget Report. The adopted annual financial and budget report of a district shall show, as specified by the Office of the Chancellor, a statement of the proposed expenditures and of the estimated revenues for the ensuing fiscal year, together with a comparison of each item of revenue and expenditure, with the actual revenues and expenditures of the fiscal year just completed. The tentative as well as the published annual financial and budget reports may show estimates where actual figures cannot be determined at the time. The budget shall also include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title I of the Government Code. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58304. Form of Budget Report. Each annual financial and budget report shall be made in the form prescribed by the Office of the Chancellor. Standard forms shall be prepared to show the budgeting items and comparisons required by this article. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58305. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget. (a) On or before the first day of July in each year, each district shall adopt a tentative budget and forward an information copy to the appropriate county officer. To the extent that the budget is based on information provided by the county, the budget data should be validated by the appropriate county officer. (1) The budget shall indicate the date, time, and location at which the governing board of the district will hold the public hearing required pursuant to Section 58301. (2) If the governing board of the district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and principal on outstanding general obligation bonds or other indebtedness approved by the voters prior to July 1, 1978, the budget shall include a statement of the amount or portion for which a levy shall not be made. (b) Each district shall provide all data needed by the county to compute the actual amounts to be levied on the property tax rolls of the district for purposes which exceed apportionments to the district pursuant to Sections 95 to100, inclusive, of the Revenue and Taxation Code. (c) On or before the 15th day of September, the governing board of each district shall adopt a final budget. (d) On or before the 30th day of September, each district shall complete the preparation of its adopted annual financial and budget report. Once completed, this report and its supporting documentation is considered a public record pursuant to Section 6250 et seq. of the Government Code. On or before the 10th day of October, each district shall submit a copy of its adopted annual financial and budget report to the Chancellor. The district shall also file copies of the report with the appropriate county officers for information and review. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 70901, Education Code. s 58306. Effect of Neglect or Refusal to Make a Budget. (a) Except as otherwise provided in subdivision (b), if the governing board of any district neglects or refuses to make a district budget as prescribed by the Office of the Chancellor, or fails to develop a budget by the deadline dates as specified in section 58305, the Chancellor may withhold any apportionment of state or local money to the particular district for the current fiscal year until the district makes a proper budget. (b) No penalty shall be imposed upon a district pursuant to subdivision (a) if the Chancellor determines that unique circumstances make it impossible for the district to comply with its duties to adopt a budget, or if there are delays in the adoption of the annual Budget Act. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58307. District Budget Limitation on Expenditure. The total amount budgeted as the proposed expenditure of the district for each major classification of district expenditures listed in the district budget forms prescribed by the board shall be the maximum amount which may be expended for that classification of expenditures for the school year. Transfers may be made from the reserve for contingencies to any expenditure classification or between expenditure classifications at any time by written resolution of the board of trustees of a district. A resolution providing for the transfer from the reserve for contingencies to any expenditure classification must be approved by a two-thirds vote of the members of the governing board; a resolution providing for the transfer between expenditure classifications must be approved by a majority of the members of the governing board. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58308. Appropriation of Excess Funds and Limitations. All income accruing to the district in excess of the amounts required to finance the total proposed expenditures, including transfers to other community college districts and funds, as shown in the budget of the district shall be added to the general reserve of the district, and shall not be available for appropriation by the district for the current fiscal year except by the following procedure. The governing board of the district shall, by formal action of the board, pass a resolution setting forth the need according to major classification of district expenditures to be met from any portion of the general reserve derived from assured income in excess of the total amount anticipated in the budget. On the first day of July of each year, the general reserve together with unexpected balances of appropriations and income in excess of anticipated income for the preceding fiscal year shall be placed to the credit of the district, and the district shall include all money so credited in the balance as shown in the budget for the ensuing fiscal year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58310. Report on District's Financial Condition. The chief executive officer or other designee of the governing board of each district shall regularly report in detail to the governing board of the district the district's financial condition and shall submit reports showing the financial and budgetary conditions of the district, including outstanding obligations, to the governing board at least once every three months. The chief executive officer or other designee shall also prepare a quarterly report on forms provided by the Chancellor. The district shall submit a copy of the certified report to the appropriate county offices and the Chancellor no later than forty-five days following the completion of each quarter. The certified report shall be reviewed by the district governing board at a regularly scheduled meeting and entered into the minutes of the meeting. Upon review and analysis of the report, the Chancellor or his/her designee shall determine if follow-up or intervention is needed. Intervention may be necessary if a district's financial data indicate a high probability that, if trends continue unabated, the district will need an emergency apportionment within three years or that the district is not in compliance with the principles of sound fiscal management specified in section 58311. Such follow-up or intervention may include, but shall not be limited to, requiring the submission of additional or more frequent reports, requiring the district to respond to specific concerns, and directing the district to prepare and adopt a detailed plan for achieving fiscal stability and an educational plan demonstrating the impact of the fiscal plan on the district's educational program. Intervention may also include the assignment of a special trustee having the authority described in section 58312 to any district that requires intervention within the five fiscal years immediately following the ending date of the services of a previously assigned special trustee. The renewed assignment of a special trustee under this paragraph may be made upon a finding by the Chancellor or his/her designee that if trends continue unabated, the district will need an emergency apportionment within three years or that the district is noncompliant with the principles of sound fiscal management specified in section 58311, except that the special trustee may only assume management and control of the district if authorized to do so by the Board of Governors. The costs incurred by the performance of the special trustee shall be paid in the manner described in subdivision (f) of section 58312 from funds which would have otherwise been apportioned to the district. The Chancellor shall develop and maintain procedures for the administration of the fiscal monitoring program specified in Education Code section 84040 and this section. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58311. Principles for Sound Fiscal Management. In any organization certain principles, when present and followed, promote an environment for growth, productivity, self-actualization, and progress. The following principles shall serve as the foundation for sound fiscal management in community college districts: 1. Each district shall be responsible for the ongoing fiscal stability of the district through the responsible stewardship of available resources. 2. Each district will adequately safeguard and manage district assets to ensure the ongoing effective operations of the district. Management will maintain adequate cash reserves, implement and maintain effective internal controls, determine sources of revenues prior to making short-term and long-term commitments, and establish a plan for the repair and replacement of equipment and facilities. 3. District personnel practices will be consistent with legal requirements, make the most effective use of available human resources, and ensure that staffing costs do not exceed estimates of available financial resources. 4. Each district will adopt policies to ensure that all auxiliary activities that have a fiscal impact on the district comport with the educational objectives of the institution and comply with sound accounting and budgeting principles, public disclosures, and annual independent audit requirements. 5. Each district's organizational structure will incorporate a clear delineation of fiscal responsibilities and establish staff accountability. 6. Appropriate district administrators will keep the governing board current on the fiscal condition of the district as an integral part of the policy- and decision-making processes. 7. Each district will effectively develop and communicate fiscal policies, objectives, procedures, and constraints to the governing board, staff, and students. 8. Each district will have an adequate management information system that provides timely, accurate, and reliable fiscal information to appropriate staff for planning, decisionmaking, and budgetary control. 9. Each district will adhere to appropriate fiscal policies and procedures and have adequate controls to ensure that established fiscal objectives are met. 10. District management will have a process to evaluate significant changes in the fiscal environment and make necessary, timely, financial and educational adjustments. 11. District financial planning will include both short-term and long-term goals and objectives, and broad-based input, and will be coordinated with district educational planning. 12. Each district's capital outlay budget will be consistent with its five-year plan and reflect regional planning and needs assessments. To the extent that the foregoing principles repeat or paraphrase mandates already in existence, these underlying mandates shall continue to be legally binding. Otherwise, these principles, by themselves, shall be applied to the extent that existing state and district funding is available. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58312. Inadequate Plans by District or Failure to Implement Plans; Authorized Actions by the Chancellor. If the Chancellor determines that the district's plans prepared and adopted pursuant to section 58310 are inadequate to solve the financial problems or to implement the principles of sound fiscal management, or if the district substantially fails to implement the plans, the Chancellor shall have the authority to take any of the following actions. The Chancellor should first utilize measures which minimize interference with normal district operation, unless he or she determines that acting otherwise is necessary to prevent the worsening of fiscal conditions at the district. (a) Conduct a comprehensive management review of the district and its educational programs and an audit of the financial condition of the district. The Chancellor may also contract for, or request another appropriate agency to conduct, the reviews and audit or require the district, at the expense of the district, to contract for the reviews and audit. The terms and conditions of the contract and the final selection of a contractor shall be subject to the written approval of the Chancellor. (b) Direct the district to amend and readopt the fiscal and educational plans prepared pursuant to section 58310 based on the findings of the comprehensive audits. (c) Review and monitor the implementation of the plans and direct the district to make any further modifications to the fiscal and educational plans he or she deems necessary for the district's achievement of fiscal stability. (d) Appoint or assign a special trustee at district expense for the period of time necessary for the district to achieve fiscal stability or solvency or to implement the principles of sound fiscal management. The Chancellor shall establish benchmarks that indicate the presence of local capacity to manage fiscal duties. The special trustee shall have recognized expertise in finance, and may, with the approval of the Chancellor, employ on a short-term basis any staff necessary to assist the special trustee. The Chancellor shall determine and specify in writing the duties of the special trustee, which may include, but are not limited to, any or all of the following: (1) Reviewing and monitoring the plans, reports, and other financial material required under section 58310 and this section. (2) Requiring any further modifications to the fiscal and educational plans which he or she deems necessary. (3) Determining district spending levels and priorities to further the district's achievement of fiscal stability. (4) Approving or disapproving actions of the district which affect or relate to the implementation of the fiscal and educational plans. (e) If the Chancellor determines that further efforts to have the district modify or implement the plans would be futile, the Chancellor may, with the approval of the Board of Governors, also authorize a special trustee appointed pursuant to subdivision (d) to assume management and control of the district, including assumption of the legal rights, powers and duties of the governing board of the district to the full extent deemed necessary by the Board of Governors in order to achieve fiscal stability or solvency or to implement the principles of sound fiscal management set forth in section 58311. The Chancellor may authorize the special trustee to exercise such powers as are approved by the Board of Governors for a period of no more than one year, unless the Board of Governors approves one or more one-year extensions. The exercise by the special trustee of such powers shall be subject to all legal requirements applicable to the district. The governing board of the district may not exercise any authority so assumed. (f) The Chancellor may require the district, at district expense, to pay all costs incurred in performing any of the services described in this section. This may include requiring the district to employ staff or contract for services necessary to assist the special trustee, to compensate the special trustee for his or her services and for any expenses or liabilities that he or she may incur, to insure the special trustee, and to defend, indemnify and hold harmless the special trustee, the Office of the Chancellor or its employees and the state for any liability arising out of or in connection with the conduct of the district or its governing board prior to the appointment of the special trustee. Alternatively, or to the additional extent necessary, the Chancellor may withhold funds necessary to pay for any or all such costs incurred in performing the services described herein from funding that would otherwise have been apportioned to the district under Section B of the State School Fund. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58314. Failure of Procedures to Achieve District Financial Stability; Authorized Actions of Chancellor. If the procedures pursuant to sections 58310 and 58312 fail to achieve district financial stability, as determined by the Chancellor, the Chancellor shall do any or all of the following: (a) Reduce or withhold any apportionment to the district in any amount he or she deems appropriate. (b) Report to the Board of Governors and the chairs of the educational policy and fiscal committees of both houses of the Legislature, the Director of Finance, and the Governor regarding the reasons for the continuing lack of fiscal stability at the district, any actions taken against the district, and the Chancellor's recommendations regarding further steps necessary to restore the district to fiscal stability or solvency or to bring it into compliance with the principles of sound fiscal management. (c) Seek an emergency apportionment pursuant to section 58316. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58316. Appropriation for Emergency Apportionment; Repayment Schedule. (a) If the procedures pursuant to Sections 58310, 58312 and 58314 fail to stabilize the financial condition of the district before an emergency apportionment is necessary, the Chancellor may seek an appropriation for an emergency apportionment in an amount necessary to maintain the educational programs of the district as specified in the educational plan pursuant to Sections 58310 and 58312 and to preclude a negative ending balance. (b) For each of three fiscal years, the Controller shall deduct from apportionments paid to a district pursuant to law, an amount not less than one-third of the amount actually allocated to the district pursuant to this section, together with amounts representing interest at a rate based on the most current investment rate of the Pooled Money Investment Account as of the date of the disbursement of funds to the district. For each of three fiscal years, the amount deducted by the Controller pursuant to this subdivision shall be reapportioned to the source of the funds allocated to the district pursuant to this section. Amounts so reapportioned to Section B of the State School Fund shall be apportioned by the Chancellor to districts to alleviate any deficits in state funding in the year in which the loan is made or during the period of repayment. Unless otherwise determined pursuant to subdivision (c), the three-year repayment period shall consist of three consecutive fiscal years commencing with the fiscal year following the year in which the emergency apportionment is made. (c) Any district which has received an emergency apportionment pursuant to this section may request a revision of the repayment schedule. The request shall be submitted to the Chancellor, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, and the Director of Finance. The request shall be accompanied by appropriate justification for any deferral of repayment, including a revision to the plans adopted by the district's governing board as specified in this section, together with specified identification of the reasons that the actions were taken by the district to correct the financial problems. The Chancellor shall consult with representatives of the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, and representatives which the Chancellor may select from the chief executive officers and presidents of the other community colleges and districts throughout the state. After consulting with these representatives, the Chancellor may revise the repayment schedule, may forgive the interest payments otherwise compounded as a result of any deferral of payment, and may specify any conditions that he or she determines are necessary to assure the repayment of the emergency apportionment. The Chancellor shall report his or her actions to the Board of Governors, the Director of Finance, the Controller, and Joint Legislative Budget Committee. The Controller shall deduct amounts from the apportionment schedule in accordance with the revised repayment plan. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58317. Special Trustee Following Notice of Inadequate Plan. Note: Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code. s 58318. Requirement for Employee Indemnity Bond. The governing board of every community college district shall require each employee of the district, whose duty it is to handle funds of the district, and may, in its discretion, require employees of the district, whose duty it is to handle property of the district, to be bonded under a suitable bond indemnifying the district against loss. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58500. Definition. Each district governing board shall charge each student a fee for enrolling in credit courses pursuant to the requirements of Education Code section 76300 and the requirements of this article. The fee prescribed by section 76300 shall be known as the enrollment fee. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58501. Enrollment Fee. (a) Semester: The enrollment fee charged of students enrolled in a regular semester shall be a per credit unit rate prescribed by the Legislature. (b) Quarter: The enrollment fee charged of students enrolled in a regular quarter session shall be two-thirds of the per credit unit rate for a regular semester. (c) Fractional Units: The enrollment fee charged for courses with fractional unit value shall be computed by multiplying the fraction times the applicable semester or quarter unit rate and rounding off to the nearest dollar. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58501.1. Differential Enrollment Fee. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Sections 32320, 76300, 76330 and 76330.1, Education Code. s 58502. Fee Charged at Enrollment. The enrollment fee shall be charged of a student at the time the student is enrolled in a class. The district governing board may establish a policy authorizing the collection of the fee to be deferred under conditions determined by the governing board. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58503. Variable Unit Classes. A student shall be charged for a variable unit class at the time the student enrolls in the class. The enrollment fee shall be based on the number of units in which the college enrolls the student. If the student later earns additional units, the student may add those units pursuant to the district's policy for adding classes. Any additional enrollment fee shall then be charged of the student. No refund shall be made for units not earned by the student, except as provided in section 58508. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58504. Short-Term Classes. Note: Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code. s 58505. Courses Extending Beyond One Term. Note: Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code. s 58506. Summer Session or Intersession. Note: Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code. s 58507. Program Changes. A community college district may allow a student to add or drop classes during the term pursuant to district policy. The enrollment fee shall be adjusted to reflect added or dropped courses as allowed by district policy. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58508. Refunds. (a) A community college district governing board shall refund upon request any enrollment fee paid by a student pursuant to section 58501 for program changes made during the first two weeks of instruction for a primary term-length course, or by the 10 percent point of the length of the course for a short-term course. (b) A student shall be allowed at least two weeks from the final qualifying date of the program change specified in subdivision (a) to request an enrollment fee refund. (c) A community college district shall not refund any enrollment fee paid by a student for program changes made after the first two weeks of instruction for a primary term-length course, or after the 10 percent point of the length of the course for a short-term course, unless the program change is a result of action by the district to cancel or reschedule a class or to drop a student pursuant to section 55202(g) where the student fails to meet a prerequisite. (d) When refunding an enrollment fee pursuant to subdivision (a), a community college district may retain once each semester or quarter an amount not to exceed $10.00. (e) If the district has adopted a withdrawal policy pursuant to section 55758, any student who is a member of an active or reserve United States military service, and who has withdrawn from courses due to military orders, may file a petition with the district requesting refund of the enrollment fee. The district shall refund the entire fee unless academic credit has been awarded. (f) Prior to refunding any enrollment fee or tuition, the district may determine if the student received federal Title IV funds during the term of enrollment. If funds were received, the refund may be held for up to 30 days while the district determines if any institutional or student return to the federal Title IV programs is due under Section 485 of the Higher Education Amendments of 1998, P.L. 105-244. If a return is deemed to be required, the amount of enrollment fee refund may first be used to meet any return obligation of the district and, if an amount of enrollment fee refund remains after the district obligation has been met, that amount may be used to meet any return obligation of the student. If an enrollment fee refund amount remains after all return obligations have been met, the student shall receive the remainder. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58509. Authority of Chancellor To Waive Provisions To Accommodate Students Impacted by Wildfires. (a) Notwithstanding section 58508, a community college district may provide a full refund of enrollment fees to any student who withdrew from one or more classes, where such withdrawal was necessary because the student was engaged in fighting wildfires, was forced to evacuate his or her home due to such fires, or suffered other loss or injury as a result of such fires. (b) Notwithstanding section 55758, a community college district need not record a "W" on the academic records of a student who withdraws from one or more classes due to any of the circumstances described in subdivision (a). (c) The Chancellor is authorized, upon receipt of a written request from a community college district, to waive any provision of this title in order to accommodate students affected by any of the circumstances described in subdivision (a). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 58510. Student Center Fee Election. If it desires to exercise the authority given by section 76375 of the Education Code, the governing board of a community college district shall establish procedures for an election conducted for the purpose of collecting a student body center building and operating fee, and call an election for such purpose. The procedures shall be developed in consultation with the student government body of the college(s) at which the fee would be assessed. The election shall, at minimum, meet the following criteria: (a) The governing board shall make available in its district office and the student government office written information regarding the election procedures. Such information shall be made available to the public upon request. (b) Adequate notice of the election shall be given. Adequate notice is deemed to be at least ten school days prior to the election date. (c) The election shall be held on a day which counts toward the 175 day requirement set forth in section 58142. In instances where the election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days. (d) The ballot proposal seeking authorization of the fee shall specify the intended duration of the fee and the intended use of the fee revenue. (e) The election shall be conducted in a manner that would allow equal opportunity for day and evening students to participate. Note: Authority cited: Sections 66700, 70901 and 76375, Education Code. Reference: Section 76375, Education Code. s 58600. Scope. This subchapter governs the administration of student financial aid allocated by the Board of Governors to community college districts. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58601. Definitions. As used in this subchapter: Board of Governors Grant. An instrument used by a community college district to process the financial assistance provided to a low-income student pursuant to the terms of this subchapter. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58610. Allocations. (a) The Chancellor shall estimate each community college district's need for Board of Governors Grants, and shall allocate funds to districts based on that anticipated need. (b) In estimating each district's need for these financial assistance funds the Chancellor shall consider the following factors: (1) The number of Pell Grant recipients in the district in the previous fiscal year; (2) The estimated number of students in the district who are eligible pursuant to Education Code section 76300; (3) The estimated number of low-income students in the district who are enrolled for fewer than six units. (c) The Chancellor shall apportion the allocations in the advanced apportionment certified by the Chancellor. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code; 20 U.S.C. Section 1070(a). s 58611. Adjustments. Districts shall report the number of and amounts provided for Board of Governors Grants. The Chancellor shall then adjust the financial assistance allocation in the first and second principal apportionments to reflect each district's actual expenditure of funds allocated pursuant to this subchapter. Any necessary additional adjustments shall be made in the applicable fiscal year recalculations. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58612. Financial Assistance Awards. (a) A community college district shall provide Board of Governors Grants to all students who are eligible and who apply for this assistance. (b) A student who is determined to be eligible for a Board of Governors Grant may be presumed to be eligible for that assistance for the remainder of the academic year and until the beginning of the following fall term. (c) Nothing in this subchapter shall prohibit a community college district from establishing a date beyond which it will not accept applications for this financial assistance. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58613. Award Amounts. Board of Governors Grants shall be made in the amount of the enrollment fee calculated pursuant to section 58507. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58620. Student Eligibility: Board of Governors Grant. To be eligible for a Board of Governors grant, a student must: (a) Be a California resident; so long as a person qualifies for a military exception pursuant to Education Code section 68074 or section 68075, he or she shall be deemed a California resident for purposes of this section. (b) Meet one of the following criteria: (1) Income Standards. (A) Be a single and independent student having no other dependents and whose total income in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of one; or be a married, independent student having no dependents other than a spouse, whose total income of both student and spouse in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of two. (B) Be a student who is dependent in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size, not including the student's income, but including the student in the family size. (C) Provide documentation of taxable or untaxed income. (D) Be a student who is married or a single head of household in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size. (E) Be an independent student whose Estimated Family Contribution as determined by federal methodology is equal to zero or a dependent student for whom the parent portion of the Estimated Family Contribution as determined by federal methodology is equal to or less than zero. (F) For purposes of this subdivision, U.S. Department of Health and Human Services Poverty Guidelines used each year shall be the most recently published guidelines immediately preceding the academic year for which a fee waiver is requested. (2) Current recipient of benefits described in Education Code section 76300(g). (A) At the time of enrollment be a recipient of benefits under the Temporary Assistance for Needy Families (TANF) program. A dependent student whose parent(s) or guardian(s) are recipients of TANF shall be eligible if the TANF program grant includes a grant for the student or if the TANF grant is the sole source of income for the parent or guardian. (B) At the time of enrollment be a recipient of benefits under the Supplemental Security Income (SSI) program. A dependent student whose parent(s) or guardian(s) are recipients of SSI shall be eligible if the SSI program grant is the sole source of income for the parent(s) or guardian(s). (C) At the time of enrollment be a recipient of benefits under the General Assistance program. (D) Provide documentation that the student if a recipient of benefits under one of the programs identified in Education Code section 76300(g) and (h) at the time of enrollment. Documentation sufficient to meet the requirements of this subdivision shall provide official evidence of these benefits. (3) Need-Based Financial Aid Eligibility. Any student who has been determined financially eligible for federal and/or state needed-based financial aid. Note: Authority cited: Sections 66700, 68044, 70901 and 76300, Education Code. Reference: Sections 68074, 68075 and 76300(g) and (h), Education Code; 20 USC Section 1070(a); and 34 CFR Section 674.12. s 58621. Student Eligibility: Enrollment Fee Credit. Note: Authority cited: Sections 66700, 71020, 71062 and 72252, Education Code. Reference: Section 72252, Education Code; and Section 19, Chapter 1, Statutes of 1984. s 58622. Student Eligibility: Enrollment Fee Waiver. Note: Authority cited: Sections 66700, 71020, 71062 and 72252, Education Code. Reference: Section 72252, Education Code; and Section 19, Chapter 1, Statutes of 1984. s 58630. District Reporting and Accountability. (a) Dollars allocated for financial assistance pursuant to this subchapter shall be identified separately in district accounts. (b) The governing board of each community college district shall adopt procedures that will document all financial assistance provided on behalf of students pursuant to this subchapter. Authorized procedures shall include rules for retention of support documentation which will enable an independent determination regarding accuracy of the district's certification of need for financial assistance. Note: Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code. s 58700. Introduction. (a) The criteria and standards set forth in this Subchapter shall serve as the basis of making the Board of Governors annual budget request for the California Community Colleges to the Governor and the Legislature and as the basis for Board of Governors allocation of the state general apportionment revenues. (b) The provisions of Chapter 5, Article 2.5 of Part 50 of the Education Code and the provisions of this Subchapter shall be the sole basis for budget requests and allocations of state general apportionment revenues. (c) Notwithstanding the foregoing, adjustments for prior year apportionments shall be made using the funding mechanism applied for apportionment purposes in the year for which adjustments are made. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58702. Scope of Subchapter. This subchapter applies to the allocation of general state apportionment. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58702.5. Waiver. The Chancellor is authorized to waive or adjust any provision of this Subchapter as necessary to ensure that districts not party to district reorganization authorized by Education Code Sections 74265 and 74265.5 will not be adversely affected during the fiscal year in which any such reorganization occurs. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 74265, 74265.5 and 84750. s 58704. Program Based Funding Principles. (a) General funding for community college districts shall be prior year general apportionment revenue (state and local) adjusted for any amount attributed to a deficit mechanism, with revenue adjustments being made for inflation, increases or decreases in workload measures, program improvement and such other adjustments as are authorized by law. (b) The funding mechanism for credit instruction shall be based on the categories of operation provided for in section 84750 of the Education Code, articles 2-6 of this subchapter, and such other categories of operation as may, from time to time, be determined by the Legislature. (c) The funding mechanism for community college noncredit activities shall be as specified in section 84750(b)(3) of the Education Code, and articles 6 and 7 of this subchapter. (d) Standards determine the level of service and the corresponding funding deemed appropriate for each category. That corresponding funding level shall be referred to as the target allocation. From the target allocation, a simplified standard rate(s) shall be derived that when applied to the applicable workload measure(s) and scale factor will compute approximately the same result. The standards applicable to each category are as set forth in articles 2-7. (e) Recognition shall be given to small colleges (up to 5,000 credit FTES) and small districts (up to 10,000 credit FTES) for special financial consideration to accommodate the additional cost of being small. (f) The Board of Governors may, in conjunction with consultation, add new or refine existing factors for special financial consideration to provide incentives for particular programs, services or circumstances. (g) Nothing in these regulations for state apportionment allocation shall require district governing boards to expend allocated revenues in specified categories of operation or according to workload measures contained herein. (h) The Chancellor may develop and provide for district use, any procedures, processes and formulas he or she deems necessary to the utilization of the criteria and standards specified herein. (i) The prospective funding priority for state budget negotiations shall be (1) base revenues and budget stability, pursuant to sections 58771 and 58776, (2) inflation and program improvement adjustments pursuant to sections 58773 and 58775(a), and (3) growth and restoration, pursuant to sections 58774 and 58777. Restoration shall be included in priority (1) if funds have been reserved in the base for this purpose. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58706. Definitions. For purposes of this subchapter: (a) "Continuing credit enrollment" means the total number of unduplicated students whose attendance is eligible for state support and who are actively enrolled at the reporting college in a credit course for which census attendance accounting is taken as of the census date or for which positive attendance is taken and the student has generated at least eight student contact hours of positive attendance or was awarded a half unit of credit in any primary term, and who were enrolled in a credit course in a previous primary term within the last three academic years. (b) "FTES in less than 100% leased space" means the state supported credit and noncredit FTES generated in facilities leased for less than 100% of the time (not reported as inventoried space) and paid for by general purpose funds of the district. (c) "Gross square footage" means the sum of the floor areas of all facilities of the district reported on the annual inventory in accordance with Education Code, section 81821. (d) "High revenue district" means a district that receives a level of funding as a percentage of the standard which is higher than the statewide average percent of standard. (e) "Low revenue district" means a district that receives a level of funding as a percentage of the standard which is lower than the statewide average percent of standard. (f) "New credit enrollment" means the total number of unduplicated students whose attendance is eligible for state support and who are actively enrolled at the reporting college in a credit course for which census attendance accounting is taken as of the census date or for which positive attendance is taken and the student has generated at least eight student contact hours of positive attendance or was awarded a half unit of credit in any primary term and who are not continuing credit enrollment as defined in subdivision (a). Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58710. Description of Credit Instruction Category. The credit instruction category of operation includes credit instructional activities involving students, academic administration (administration immediately above instructors), and course and curriculum development. These activities correspond to the California Community College Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 0100 through 6000. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58712. Credit Instruction Standards. (a) The credit instruction standards per college shall be as follows: (1) Teaching faculty ratio of 75% full-time and 25% hourly. (2) The statewide average faculty salaries equal to those paid by the California State University. (3) A student/faculty ratio of 25 to 1. (4) An amount equivalent to 21% of instructor salaries for the cost of staff support and supplies. (5) An amount equivalent to 12.5% of the above standards for academic administration. (6) An amount equivalent to the average annual expenditure per student workload measure for credit instruction of the ten states with the highest annual expenditures per student workload for credit instruction. (7) The standards derived in subparagraphs (1) through (6) above, shall be adjusted by the scale factor defined in section 58714. (b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the credit instruction category is $3,195.85, as adjusted by the scale factor pursuant to section 58714, increased by the inflation adjustment pursuant to subdivision (a) of section 58773. For 1992-93 and each year thereafter, the standard rate shall be the rate used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58714. Credit Instruction Scale Factors. (a) For single college districts: (1) If credit FTES is less than 2,875, the scale factor is: 1.4647 - 1.52173913(FTES/10,000) + 0.151222(FTES/10,000) 2 (2) If credit FTES is greater than or equal to 2,875 and less than or equal to 10,000, the scale factor is: 1.055719298175 - 0.055719298(FTES/10,000) (3) If credit FTES is greater than 10,000, the scale factor is 1.0. (b) For each college in a multi-college district: (1) If credit FTES is less than 2,875, the scale factor is: 1.4249995135523 - 1.480492605(FTES/10,000) + 0.14712(FTES/10,000) 2. (2) If credit FTES is greater than or equal to 2,875 and less than or equal to 5,000, the scale factor is: 1.0271041758361 - 0.054209034(FTES/10,000). (3) If credit FTES is greater than 5,000, the scale factor is 1.0. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58720. Description of Credit Instructional Services Category. The credit instructional services category of operation includes library, media, and learning center services that are supplemental to the instructional effort. These services correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity code 6100. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58722. Credit Instructional Services Standards. (a) The credit instructional services standards per college in 1990-91 dollars shall be as follows: (1) Library staffing and materials based on the following model: (A) The number of faculty librarians identified in Table 1 of section 58724 times the salary; (B) The number of support staff identified in Table 1 of section 58724 times the salary; (C) The number of periodicals identified in Table 1 of section 58724 times $73.50; (D) 3% of the number of volumes identified in Table 1 of section 58724 times $40.32; (E) Administrative and fixed costs of $21,777; (F) Per student allocation of $1.89 per FTES; (G) Book binding equal to [(FTES x 0.008) + $2,252] x $19.80; (H) Technical processing costs equal to [3% of the number of volumes identified in Table 1 of section 58724] x $5.34; (I) Contractual services for on-line bibliographic utility, automated library systems, and on-line data bases/indexes equal to $71,198. (2) Media center staffing and materials based on the following model: (A) The number of media faculty identified in Table 2 of section 58724 times the salary; (B) The number of support staff identified in Table 2 of section 58724 times the salary; (C) Number of video/film identified in Table 2 of section 58724 times 3% times $104.66; (D) Number of other materials identified in Table 2 of section 58724 times 3% times $232.38; (E) Per student allocation of $1.78 per FTES; (F) Technical processing costs equal to [3% of the total number of video/film and other materials identified in Table 2 of section 58724] x $4.98. (3) Learning center allocations calculated at $56.58 x FTES. (b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the credit instructional services category shall be (1) $511,474 per college plus $60.41 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with less than or equal to 1,002 credit FTES, or (2) $396,935 per college plus $174.76 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with credit FTES greater than 1,002 and less than or equal to 3,303, or (3) $308,331 per college plus $201.59 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with credit FTES greater than 3,303. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58724. Tables of Minimum Standards for Libraries and Media Centers. (a) Table 1 consists of ALA/ACRL-AECT described minimum standards for libraries as follows: TABLE 1 ALA/ACRL -AECT -Minimum Standards for Libraries (Modified) --------------------------------------------------------------------------- College Size Type of Staff Materials --------------------------------------------------------------------------- FTES Faculty Periodicals Volumnes Librarian Support (No. Subscriptions) (No. on Shelf) --------------------------------------------------------------------------- <1,000 2.0 3.0 230 30,000 --------------------------------------------------------------------------- 1,000-3,000 3.0 4.5 300 40,000 --------------------------------------------------------------------------- 3.001-5,000 4.0 6.5 500 60,000 --------------------------------------------------------------------------- 5,001-7,000 5.0 9.0 700 80,000 --------------------------------------------------------------------------- Each Additional 1K 0.5 1.0 50 7,500 --------------------------------------------------------------------------- (b) Table 2 consists of ALA/ACRL-AECT described minimum standards for media centers as follows: TABLE 2 ALA/ACRL -AECT -Minimum Standards for Media Centers (Modified) -------------------------------------------------------------------- College Size Type of Staff Materials -------------------------------------------------------------------- FTES Media Video/Film Other Faculty Support (No. on Shelf) (No. on Shelf) -------------------------------------------------------------------- <1,000 0.5 1.5 140 2,500 -------------------------------------------------------------------- 1,000-3,000 1.0 3.0 400 5,100 -------------------------------------------------------------------- 3.001-5,000 1.5 4.5 750 8,000 -------------------------------------------------------------------- 5,001-7,000 2.0 6.0 1,250 10,000 -------------------------------------------------------------------- Each Additional 1K 0.25 1.0 200 1,000 -------------------------------------------------------------------- Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58730. Description of Credit Student Services Category. The credit student services category of operation includes the components of matriculation, financial aid, placement services, student activities and other student services. These services correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 6200 through 6400. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58732. Credit Student Services Standards. (a) The credit student services standards per college in 1990-91 dollars shall be as follows: (1) Admissions and records at $30.13 per credit headcount. (2) Orientation: Twenty counselor days for development of materials and preparation; staff costs per orientation session equal to 3 hours of a counselor, 1 hour of a technician, 3 hours of a student worker, and 16 hours of clerical support; eighty percent of the new credit enrollees are served with 100 students in each orientation session; $5.05 for supplies for each new enrollee served. (3) Testing and Assessment: One FTE technician plus one FTE clerical staff for administration of testing; plus $1.01 per enrollee tested for notification costs. (A) General testing of 3 tests at one hour each at $20.19 per hour for administration; 80% of the new enrollees are tested with 50 students per test session; $2.02 to purchase each test, plus $0.10 to score each standardized test and $9.64 to score each holistic test. (B) Additional limited English proficiency testing of 2 additional tests at one hour each at $40.39 per hour for administration; 5% of the nonexempt new enrollees are assumed to require testing with 15 students per test session; $2.02 to purchase each test, plus $0.10 for scoring. (4) Counseling: (A) Pre-registration: The FTE counselors plus 25% FTE clerical support necessary to counsel each nonexempt new fall enrollee on a one-to-one basis for one-half hour each; (B) Post-registration: The FTE counselors plus 25% FTE clerical support necessary for student educational plans, general counseling, probation counseling, and Basic Skills counseling. Eighty percent of new enrollees will be counseled for 1 hour and 15 minutes for student educational plans. Fifty percent of continuing students will be counseled for 1 hour of general counseling. Twelve percent of the continuing students will receive probationary counseling for 1 hour 45 minutes. Basic Skills students will receive an additional 30 minutes of counseling each term. Counselors are assumed to average 6.36 hours per day, 75% of which is spent with students. An allocation of $641 per counselor is calculated for supplies. (5) Research and Evaluation: 1 FTE researcher plus 1 FTE programmer plus .5 clerical support staff plus $2,093 for supplies. Costs for this area are accounted for under institutional support and are not included in the standards rates derived in subdivision (b). (6) Coordination and Training: 1 FTE administrator plus 1 FTE coordinator plus 1 FTE clerical support. (7) Financial aid: 1 FTE director plus 1 FTE advisor plus 0.5 FTE technician plus 1 FTE clerical support plus $2,764 base fixed costs plus $21.56 per credit headcount. (8) Placement services cost of 1 director salary plus 1 FTE academic staff per 14,500 credit enrollees plus 1 clerical FTE plus additional 1 clerical per 4 academic staff members. (9) Credit student activities costs of 1 director salary plus 1 FTE academic staff per 14,500 credit enrollees plus 1 clerical FTE plus additional 1 clerical per 4 academic staff members. (10) Flat rate of $34.37 per credit headcount for additional, unspecified student services. (11) The standards derived in Subparagraphs (1), (2), (3), (4), and (10) above, shall be adjusted by the scale factor defined in Section 58734. (b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in Article 8 of this Subchapter, for the credit student services category shall be $692,999 per college, increased by the inflation adjustment pursuant to subdivision (a) of Section 58773, plus $219.10 per new credit enrollment and $175.94 per continuing credit enrollment, both adjusted by the inflation adjustment pursuant to Subdivision (a) of Section 58773 and the scale factor, pursuant to Section 58734. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to Subdivision (a) of Section 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58734. Credit Student Services Scale Factors. (a) For single college districts: (1) If credit headcount is less than 6,439, the scale factor is: 1.4647 - 0.679483162 (Headcount/10,000) + 0.03014 (Headcount/10,000)2. (2) If credit headcount is greater than or equal to 6,439 and less than or equal to 22,395, the scale factor is: 1.055719298175 - 0.024879641 (Headcount/10,000). (3) If credit headcount is greater than 22,395, the factor is 1.0. (b) For each college in a multi-college district: (1) If credit headcount is less than 6,439, the scale factor is: 1.4249995135523 - 0.661063757 (Headcount/10,000) + 0.02932 (Headcount/10,000) 2 (2) If credit headcount is greater than or equal to 6,439 and less than or equal to 11,197, the scale factor is: 1.0271041758361 - 0.024205282 (Headcount/10,000). (3) If credit headcount is greater than 11,197, the factor is 1.0. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58740. Description of Maintenance and Operations Category. The maintenance and operations category of operation includes the activities associated with the general operation and maintenance of buildings and grounds both owned and leased by the district. These activities correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity code 6500. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58742. Maintenance and Operations Standards. (a) The maintenance and operations standards are based upon the extensive work done by Clyde Gordon and Associates, Inc. for CSU and UC systems contained in the report entitled, "UC/CSU Maintenance Workload Standards Study - October, 1987." (b) The standard rates derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the maintenance and operations category shall be $7.39 per gross square footage of the district owned or leased space under 100% control plus $315.76 per FTES generated in space that is not under the control of the district 100% of the time and is consequently not inventoried, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58750. Description of Institutional Support Category. The institutional support category of operation includes activities associated with current and future management (planning and policy making) and the business services operations of the college and/or district. These activities correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 6600 and 6700. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58752. Institutional Support Standards. (a) The institutional support standard is 14.2 percent of the amounts generated in all the categories specified in articles 2-7. It is based on actual statewide expenditure patterns in 1987-88 for the General Institutional Support and Policy Planning Activity as a percentage of total expenditures (less capital outlay). (b) The standard rate derived from application of the above standard to be used in the 1991-92 and subsequent fiscal years allocation process, contained in article 8 of this subchapter, for the institutional support category is 14.2% of the revenue generated in categories specified in articles 2-7. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58760. Description of Noncredit Activities. Noncredit activities include the operations of instruction, instructional services, and student services for noncredit classes. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58762. Noncredit Activities. For the 1991-92 fiscal year, the amount per noncredit FTES shall be equal to the amount received for 1990-91 for noncredit average daily attendance less a proportionate amount for maintenance and operations, and institutional support, plus increases corresponding to the inflation adjustment specified in subdivision (a) section 58773. For the 1992-93 fiscal year and each fiscal year thereafter, the amount per noncredit FTES shall be equal to the amount received in the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58770. State Apportionment Procedure. (a) The fiscal year revenues for each community college district shall be the noncredit base revenues as defined in Subdivision (i) of Section 58771, plus the credit base revenues as defined in Subdivision (j) of Section 58771, plus the inflation adjustments specified in Section 58773, plus the workload adjustments specified in Section 58774, plus the program improvement adjustment specified in Section 58775, plus the budget stability adjustment specified in Section 58776, plus the one-time revenue distributed pursuant to Subdivision (c) of Section 58777. (b) For each community college district, the Chancellor shall subtract from the revenues determined pursuant to Subdivision (a), the local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption, timber yield tax revenue pursuant to Section 38905.1 of the Revenue and Taxation Code, and 98 percent of the fee revenues collected pursuant to Education Code Sections 76300 and 76330. The remainder shall be the state general apportionment for each district. (c) The Chancellor shall adjust the amount determined pursuant to Subdivision (b) to provide for prior year adjustments required pursuant to Section 58134. (d) Warrants shall be drawn on the State Treasury by the Controller in favor of the treasurer of each county for the allocations certified by the Chancellor in accordance with the following schedule, as adjusted by the Chancellor in accordance with the provisions of Subdivision (e): (1) Eight percent of district eligibility shall be allocated in July. (2) Eight percent of district eligibility shall be allocated in August. (3) Twelve percent of district eligibility shall be allocated in September. (4) Ten percent of district eligibility shall be allocated in October. (5) Nine percent of district eligibility shall be allocated in November. (6) Five percent of district eligibility shall be allocated in December. (7) Eight percent of district eligibility shall be allocated in January. (8) The remaining percent of district eligibility shall be allocated in the months for February through June on a schedule as certified by the Chancellor. (e) The Chancellor may, upon the demonstrated need of any community college district for increased levels of allocations of state funds in any month based on district expenditure patterns and cash flow needs, adjust the allocations provided in Subdivision (d), provided that the total of the allocations to be made between July 1 and February 1 shall not exceed 70 percent. (f) The Chancellor, at the request of a governing board of a community college district, and when necessary to maintain the secure deposit and prudent investment of district funds, may direct the Controller to draw warrants in favor of the Local Agency Investment Fund within the State Treasury in lieu of drawing warrants in favor of the county treasurer of the county in which the district resides. The governing board shall certify, and the Chancellor shall find, that the revenues being apportioned are not required for immediate needs. Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code. s 58771. Base Fiscal Year Revenues. (a) The base revenues for each community college district shall be the sum of the revenues received for the preceding fiscal year in accordance with Section 58770, exclusive of Section 58776 and Subdivision (c) of section 58777, plus any unfunded shortage in revenues identified pursuant to the provisions of Section 58779, less any adjustment for declining workload measures pursuant to Section 58774 in the preceding fiscal year. (b) Base new credit enrollment shall be the fully funded new credit enrollment of the prior fiscal year, less the adjustment for declining new credit enrollment in the preceding fiscal year. (c) Base continuing credit enrollment shall be the fully funded continuing credit enrollment of the prior fiscal year, less the adjustment for declining continuing credit enrollment in the preceding fiscal year. (d) Base credit FTES shall be the fully funded credit FTES of the prior fiscal year, less the adjustment for declining credit FTES in the preceding fiscal year. (e) Base noncredit FTES shall be the fully funded noncredit FTES of the prior fiscal year, less the adjustment for declining noncredit FTES in the preceding fiscal year. (f) Gross square footage in new facilities may be counted in a fiscal year if beneficial occupancy has been certified or the Notice of Completion is filed between July 1 and December 31. If beneficial occupancy has been certified or the Notice of Completion is filed between January 1 and June 30, the increase in gross square footage shall be counted in the subsequent fiscal year. Base gross square footage shall be the fully funded gross square footage of the prior fiscal year, less the adjustment for declining groS square footage in the preceding fiscal year. (g) Base FTES in less than 100% leased space shall be the fully funded FTES in less than 100% leased space of the prior fiscal year, less the adjustment for declining FTES in less than 100% leased space in the preceding fiscal year. (h) The noncredit base revenue for each community college district shall be equal to the units of base noncredit FTES determined pursuant to Subdivision (e), multiplied by the funded standard rate for noncredit activities in the prior fiscal year, plus the applicable institutional support. (i) The credit base revenue for all five categories for each community college district shall be equal to the district's base revenue determined pursuant to Subdivision (a), less the district's noncredit base revenue determined pursuant to Subdivision (h). ( j) Base percent of standard shall be 100 times the quotient of the sum of the district's credit base revenue divided by the district's total standards for the prior fiscal year for credit instruction, instructional services, student services, maintenance and operations, and corresponding institutional support using base workload measures. (k) The current year percent of standard shall be 100 times the quotient of the sum of the district's credit base revenue determined pursuant to Subdivision (i), the credit base inflation adjustment determined pursuant to Subdivision (c) of Section 58773, and the credit growth adjustment determined pursuant to Subdivision (d) of Section 58774, all divided by the district's total standards for credit instruction, instructional services, student services, maintenance and operations, and corresponding institutional support using current year funded workload measures. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58772. Base Revenue and Workload Reduction. Notwithstanding sections 58771 and 58779, if it is known at the time of the adoption of the State Budget Act for the current year that revenues are not sufficient to fully fund base revenues pursuant to section 58771, district base revenues shall be reduced proportionally by the ratio of the statewide total revenue available for purposes of section 58771, to the statewide total calculated amount for purposes of section 58771, and all base workload measures pursuant to section 58771, shall be reduced proportionally by the ratio of the statewide total revenue available for purposes of section 58771, to the statewide total calculated amount for purposes of sections 58771 and 58773. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58773. Inflation Adjustments. (a) Inflation adjustments shall be made to reflect cost changes, using the percentage change of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United State Department of Commerce, from the fourth calendar quarter of the prior year to the fourth calendar quarter of the latest available year rounded up to the next hundredth. (b) The noncredit base inflation adjustment for each community college district shall be the product of the following: (1) The noncredit base revenue computed pursuant to subdivision (i) of section 58771. (2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100. (c) The credit base inflation adjustment for each community college district shall be the product of the following: (1) The credit base revenue computed pursuant to subdivision (j) of section 58771. (2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100. (3) The quotient of the statewide base percent of standard divided by the district's base percent of standard determined pursuant to subdivision (k) or ( l) of section 58771, as appropriate, or 1.0 if the quotient is less than 1.0. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58774. Growth and Decline. (a) "Growth limit" means an increase in workload which shall be determined by the Chancellor based on such factors as the rate of change of the adult population, unemployment rate, the number of students graduating from California high schools, new or under utilized physical capacity for student enrollment and other statewide priorities including retention and transfer rates of underrepresented student populations. Each district shall receive a minimum growth allocation of 1% or a rate which will provide at least 100 total FTES and 150 total credit enrollment. (b) A growth revenue cap for credit instruction, instructional services, student services, noncredit activities, and the corresponding institutional support for each community college district (aggregated college-by-college in a multi-college district) shall be the sum of the following: (1) Instruction. The product of the standard rate defined in subdivision (b) of section 58712, multiplied by the base credit FTES defined in subdivision (e) of section 58771, multiplied by the growth limit defined in subdivision (a), multiplied by the college/district scale factor defined in section 58714 (using base credit FTES), and multiplied by the statewide base percent of standard defined in subdivision (k) or ( l), as appropriate, of section 58771. (2) Instructional Services. The product of the standard rate defined in subdivision (b) of section 58722, multiplied by the base credit FTES defined in subdivision (e) of section 58771, multiplied by the growth limit defined in subdivision (a), and multiplied by the statewide base percent of standard defined in subdivision (k) or ( l), as appropriate, of section 58771. (3) Student Services. The product of the standard rate for new credit enrollment defined in subdivision (b) of section 58732, multiplied by the base new credit enrollment defined in subdivision (c) of section 58771, multiplied by the growth limit defined in subdivision (a), plus the product of the standard rate for continuing credit enrollment defined in subdivision (b) of section 58732 multiplied by the base continuing credit enrollment defined in subdivision (d) of section 58771, multiplied by the growth limit defined in subdivision (a), all multiplied by the college/district scale factor defined in section 58734 (using base credit enrollment), and multiplied by the statewide base percent of standard defined in subdivision (k) or ( l) as appropriate, of section 58771. (4) Noncredit Activities. The product of the rate defined in section 58762, multiplied by the base noncredit FTES defined in subdivision (f) of section 58771, multiplied by the growth limit defined in subdivision (a). (5) Institutional support. The product of the sum of subparagraphs (1) through (4) multiplied by 0.165501165501. (c) An actual growth revenue computation for credit instruction, instructional services, student services, noncredit activities, and the corresponding institutional support for each community college district (aggregated college-by-college in a multi-college district) shall be the sum of the following: (1) Instruction. The product of the standard rate defined in subdivision (b) of section 58712, multiplied by the difference between actual credit FTES and base credit FTES defined in subdivision (e) of section 58771, multiplied by the college/district scale factor defined in section 58714 (using base credit FTES), and multiplied by the base percent of standard (the district percent of standard if the change is negative and the district is low revenue, otherwise the statewide percent of standard shall be used) defined in subdivision (k) or ( l), as appropriate of section 58771. (2) Instructional Services. The product of the standard rate defined in subdivision (b) of section 58722, multiplied by the difference between actual credit FTES and base credit FTES defined in subdivision (e) of section 58771, and multiplied by the base percent of standard (the district percent of standard if the change is negative and the district is low revenue, otherwise the statewide percent of standard shall be used) defined in subdivision ( k) or ( l), as appropriate, of section 58771. (3) Student Services. The product of the standard rate for new credit enrollment defined in subdivision (b) of section 58732, multiplied by the difference between actual new credit enrollment and base new credit enrollment defined in subdivision (c) of section 58771 plus the product of the standard rate for continuing credit enrollment defined in subdivision (b) of section 58732, multiplied by the difference between actual continuing credit enrollment and base continuing credit enrollment defined in subdivision (d) of section 58771, all multiplied by the college/district scale factor defined in section 58734 (using base credit enrollment), and multiplied by the base percent of standard (the district percent of standard if the change is negative and the district is low revenue, otherwise the statewide percent of standard shall be used) defined in subdivision (k) or ( l), as appropriate, of section 58771. (4) Noncredit Activities. The product of the rate defined in section 58762 multiplied by the difference between actual noncredit FTES and base noncredit FTES defined in subdivision (f) of section 58771. (5) Institutional Support. The product of the sum of subparagraphs (1) through (4) multiplied by 0.165501165501. (d) If the amount computed in subdivision (c) is less than zero, the district's base revenue for the subsequent fiscal year shall be adjusted in accordance with subdivision (h). If the amount computed in subdivision (c) is greater than zero and less than or equal to the revenue cap computed in subdivision (b), the district revenue shall be adjusted by the amount computed in subdivision (c). If the amount computed in subdivision (c) is greater than the revenue cap computed in subdivision (b), the district's revenue shall be adjusted by the revenue cap computed in subdivision (b). (e) A growth revenue cap for maintenance and operations for each community college district shall be computed as follows: The product of the standard rate for gross square footage defined in subdivision (b) of section 58742, multiplied by the greater of the product of the base gross square footage defined in subdivision (g) of section 58771 times the growth limit defined in subdivision (a), or the actual increase in gross square footage due to construction of new buildings approved under state guidelines, plus the product of the standard rate for FTES in less than 100% leased space defined in subdivision (b) of section 58742, multiplied by the base FTES in less than 100% leased space defined in subdivision (h) of section 58771, multiplied by the growth limit defined in subdivision (a), with this sum multiplied by the statewide base percent of standard defined in subdivision (k) or ( l), as appropriate, of section 58771, plus 16.5501165501% of the product for institutional support. (f) An actual growth revenue computation for maintenance and operations for each community college district shall be computed as follows: The product of the standard rate for gross square footage defined in subdivision (b) of section 58742, multiplied by the difference between actual gross square footage and base gross square footage defined in subdivision (g) of section 58771, plus the product of the standard rate for FTES in less than 100% leased space defined in subdivision (b) of section 58742, multiplied by the difference between actual FTES in less than 100% leased space and base FTES in less than 100% leased space defined in subdivision (h) of section 58771, with this sum multiplied by the statewide base percent of standard defined in subdivision (k) or ( l), as appropriate, of section 58771, plus 16.5501165501% of the product for institutional support. (g) If the amount computed in subdivision (f) is less than zero, the district's revenue shall be adjusted in accordance with subdivision (h). If the amount computed in subdivision (f) is greater than zero and less than or equal to the revenue cap computed in subdivision (e), the district's revenue shall be adjusted by the amount computed in subdivision (f). If the amount computed in subdivision (f) is greater than the revenue cap computed in subdivision (e), the district's revenue shall be adjusted by the revenue cap computed in subdivision (e). (h) "Declining workload adjustments" shall be defined as follows: (1) "Declining workload adjustment for high revenue districts" means the full amount of the statewide average revenue per workload measure computed for decreases in workload when the sum of the computations for all colleges within such district for each category of operation using actual current year workload measures is less than the sum of the computations for all colleges within the district for each category of operation using current year base workload measures. (2) "Declining workload adjustment for low revenue districts" means the full amount of the statewide average revenue per workload measure for maintenance and operations and noncredit classes and one-half of such district's average revenue per workload measure for credit instruction, instructional services, student services, and institutional support, for decreases in workload when the sum of the computations for all colleges within the district for each category of operation using actual current year workload measures is less than the sum of the computations for all colleges within the district for each category of operation using current year base workload measures. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58774.5. Funding Rate Increases for Annexations. The Chancellor may increase the funding rates utilized in Subdivisions (b) and (c) of Section 58774 for a college or district for increases in workload related to the annexation of rural nondistrict territory approved by the Board of Governors in accordance with Education Code Section 74205. Increases in funding rates shall be determined at the time of the approval of the annexation by the Board of Governors. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58775. Program Improvement. (a) Revenues for low revenue community college districts shall be adjusted for equalization as follows: (1) Compute an amount equal to ten percent of the statewide credit base inflation adjustment computed in subdivision (c) of section 58773. (2) The amount computed in paragraph (1) shall be allocated to raise the revenue of low revenue districts to the highest common level possible in relation to the statewide current year percent of standard as defined in subdivision (m) of section 58771. (b) For any program improvement funds available in excess of the amount computed paragraph (a)(1), thirty percent (30%) shall be allocated in accordance with the procedure defined in subparagraph (a)(2), and seventy percent (70%) shall be distributed to all districts on the basis of total current year funded FTES. Note: Authority cited; Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58776. Budget Stability. (a) Of the adjustment made pursuant to subdivision (h) of section 58774, which is related to credit instruction, instructional services, student services, noncredit activities, and the corresponding institutional support, the district shall receive an amount for budget stability, which is not to be included in subsequent year base revenue computations or in the computations affecting the distribution of program improvement revenue pursuant to section 58775. (b) Districts shall receive stability funding only in the initial year of decrease in FTES in an amount equaling the revenue loss associated with the workload reduction for that year. Note: Authority cited: Sections 66700, 70901 and 84570, Education Code. Reference: Section 84750, Education Code; and 2003 Budget Act, item 6870-101-0001. s 58777. Decline Restoration. (a) Districts shall be entitled to restore any reductions in apportionment revenue due to declines in the student workload measures for credit instruction instructional services, student services, noncredit activities, and the corresponding institutional support during three years following the initial year of decline if there is a subsequent increase in student workload measures. (b) Restoration of revenue for declining workload shall be made at the rate the district lost the revenue plus the inflation adjustments made between the year of decline and the year of restoration. (c) Of the funds made available pursuant to subdivision (h) of section 58774, that are not utilized for purposes of budget stability pursuant to section 58776, or decline restoration pursuant to subdivisions (a) and (b) of this section, the Chancellor may allocate the revenue on a one-time basis to districts based on FTES. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58779. Deficit Mechanism. In the event that State General Fund appropriations, local property tax revenues, student enrollment fees, and other local tax revenues allocated to community college districts for general operating support, are less than the amounts computed for all districts for the fiscal year pursuant to subdivision (a) of section 58770, the Chancellor shall apportion state aid by multiplying the amount computed for each district pursuant to subdivision (a) of section 58770, by the ratio of the statewide total revenue available for purposes of subdivision (a) of section 58770, to the statewide total calculated amount for purposes of subdivision (a) of section 58770. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58780. Documentation Requirements. The documentation requirements specified in this article are necessary to promote standardized and accurate reporting of district data used for calculating the state general apportionment allocation. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. s 58782. Computation and Limitations on State Aid. (a) The provisions of subchapter 1 (commencing with section 58000) and subchapter 2 (commencing with section 58102) of chapter 9 shall be applicable in the computation of full-time equivalent student to the extent such provisions do not conflict with the principles or provisions of this subchapter. (b) Notwithstanding any other provisions of law or regulation, full-time equivalent student (FTES) shall be computed as follows: (1) Credit FTES generated by California residents are computed in accordance with the computation described in section 58003.1 without the count of student contact hours as of the second census week or day (three-fifths of the way through the term or course) or the application of the statewide attendance factor (.911), plus actual hours of attendance in positive attendance courses divided by 525. (2) Noncredit FTES generated by California residents and nonresidents attending courses described in Education Code section 84757 are computed in accordance with the computations described in section 58007. (c) In accordance with section 58704(h), the Chancellor shall, as necessary, interpret the provisions specified in subdivision (a) for consistency with the provisions of this subchapter. Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code. Note: Authority cited: Section 71020, Education Code. Reference: Chapter 797, Statutes of 1979. s 59010. Method of Accounting. (a) The Board of Governors hereby adopts and incorporates by reference, into this provision of the California Code of Regulations, the California Community Colleges Budget and Accounting Manual chapters 2 through 5 as revised September 1999. This section shall become operative July 1, 2000. (b) Revisions made to the Budget and Accounting Manual after July 1, 2000 shall be considered incorporated by reference into this provision when they have been adopted by the Board. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59011. Method of Accounting. Note: Authority cited: Sections 66700, 70901 and 71024, Education Code. Reference: Section 70901, Education Code. s 59013. Price of Food. Food served in community college district cafeterias shall be sold to the patrons of the cafeterias at such a price as will pay the cost of maintaining the cafeterias, exclusive of the costs made a charge against the funds of the community college district by resolution of the governing board. The disposition and accounting of revenue and expenditures of the cafeteria shall be as prescribed by the California Community Colleges Budget and Accounting Manual. Note: Authority cited: Section 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59015. Audit of Scholarship Funds; Administrative Expenses. Where the governing board of a district has established and maintains a fund for scholarships and loans, as designated by the California Community Colleges Budget and Accounting Manual, the governing board shall arrange for an annual audit of the fund in the manner prescribed in Section 84040 of the Education Code and Board of Governors regulations. All expenses in the administration of thefund, including, but not limited to, audits, operating costs, and promotion of the fund, shall be a proper charge against the funds of the district, and the annual budget of the district shall include funds for these expenses. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84040, Education Code. s 59016. Special Fund or Account in County Treasury: Gift or Bequest for Special Purpose; Rules and Regulations by Governing Board. (a) Any gift or bequest of money which is to be invested pursuant to this article shall be placed in a fund as designated by the California Community Colleges Budget and Accounting Manual in the county treasury. If the gift or bequest of money is required to be used for specific purposes according to the terms of the gift or bequest, the governing board shall place the money in a separate account by the name that it shall be known, including in its name the term trust account. (b) The money deposited in a separate account in the designated fund shall be invested pursuant to this article or expended only for the purposes of the gift or bequest. (c) The governing board shall adopt rules and regulations to effectuate the purposes of this article, not inconsistent with law. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59020. Definition of Records. (a) For purposes of this subchapter, "records" means all records, maps, books, papers, data processing output, and electronic documents that a Community College district is required by law to prepare or retain by law or official duty. "Records" includes "student records" as defined in section 76210 of the Education Code. (b) The following documents are not "records" and may be destroyed at any time: (1) Additional copies of documents beyond the original or one copy. (A person receiving a duplicated copy need not retain it.) (2) Correspondence between district employees that does not pertain to personnel matters or constitute a student record. (3) Advertisements and other sales material received. (4) Textbooks used for instruction, and other instructional materials, including library books, pamphlets and magazines. Note: Authority cited: Sections 66700, 70901 and 76220, Education Code. Reference: Sections 76210 and 76220, Education Code. s 59021. Scope of Chapter. The provisions of this chapter apply only in the event that the destruction or retention of records by the district is not otherwise authorized or provided for by law. Note: Authority cited: Sections 66700, 70901 and 76220, Education Code. Reference: Section 76220, Education Code. s 59022. Classification of Records. (a) The governing board of each Community College district shall establish an annual procedure by which the chief executive officer, or other designee shall review documents and papers received or produced during the prior academic year and classify them as Class 1-Permanent, Class 2-Optional, or Class 3- Disposable. (b) All records not classified prior to July 1, 1976, are subject to the same review and classification as in (a). If such records are three or more years old and classified as Class 3-Disposable, they may be destroyed without further delay, but in accordance with article 3. (c) Records originating during a current academic year shall not be classified during that year. (d) Records of a continuing nature, i.e., active and useful for administrative, legal, fiscal, or other purposes over a period of years, shall not be classified until such usefulness has ceased. (e) Whenever an original Class 1-Permanent record is photographed, microphotographed, or otherwise reproduced on film or electronically, the copy thus made is hereby classified as Class 1-Permanent. The original record, unless classified as Class 2-Optional, may be classified as Class 3-Disposable, and may then be destroyed in accordance with this chapter if the following conditions have been met: (1) The reproduction was accurate in detail. (2) The chief executive officer, or other designee, has attached to or incorporated in the copy or system a signed and dated certification of compliance with the provisions of section 1531 of the Evidence Code, stating in substance that the copy is a correct copy of the original, or a specified part thereof, as the case may be. (3) The copy was placed in an accessible location and provision was made for preserving permanently, examining and using same. (4) In addition, if the record is photographed or microfilmed, the reproduction must be on film of a type approved for permanent, photographic records by the United States Bureau of Standards. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code; and Section 1531, Evidence Code. s 59023. Class 1-Permanent Records. The original of each of the records listed in this Section, or one exact copy thereof when the original is required by law to be filed with another agency, is a Class 1-Permanent record and shall be retained indefinitely, unless copied or reproduced in accordance with Subsection (e) of Section 59022. (a) The following annual reports: (1) official budget; (2) financial report of all funds, including cafeteria and student body funds; (3) audit of all funds; (4) full-time equivalent student, including Period 1 and Period 2 reports; and (5) other major annual reports, including: (A) those containing information relating to property, activities, financial condition, or transactions; and (B) those declared by board minutes to be permanent. (b) The following official actions: (1) minutes of the board or committees thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in minutes but included therein by reference only; (2) elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted or canvassed by the governing board for a board member, the board member's recall, issuance of bonds, incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose; and (3) records transmitted by another agency that pertain to that agency's action with respect to district reorganization. (c) The following personnel records of employees. All detail records relating to employment, assignment, employee evaluations, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for every employee of the school district containing the same data may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3- Disposable. (d) The following student records: (1) the records of enrollment and scholarship for each student. Such records of enrollment and scholarship may include but need not be limited to: (A) name of student; (B) date of birth; (C) place of birth; (D) name and address of a parent having custody or a guardian, if the student is a minor; (E) entering and leaving date for each academic year and for any summer session or other extra session; (F) subjects taken during each year, half year, summer session or quarter; and (G) if grades or credits are given, the grades and number of credits toward graduation allowed for work taken. (2) All records pertaining to any accident or injury involving a student for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1-Permanent records, one year after the claim has been settled or after the applicable statute of limitations has run. (e) Property Records. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3-Disposable, if the property ledger includes: (1) all fixed assets; (2) an equipment inventory; and (3) for each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59024. Class 2-Optional Records. Any record worthy of further preservation but not classified as Class 1- Permanent may be classified as Class 2-Optional and shall then be retained until reclassified as Class 3-Disposable. If the chief executive officer, or other designee, determines that classification should not be made by the time specified in section 59022, all records of the prior year may be classified as Class 2-Optional, pending further review and classification within one year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59025. Class 3-Disposable Records. All records, other than Continuing Records, not classified as Class 1-Permanent or Class 2-Optional, shall be classified as Class 3-Disposable, including, but not limited to, detail records relating to: (a) records basic to audit, including those relating to attendance, full-time equivalent student, or a business or financial transaction (purchase orders, invoices, warrants, ledger sheets, canceled checks and stubs, student body and cafeteria fund records, etc.), and detail records used in the preparation of any other report; and (b) periodic reports, such as daily, weekly, and monthly reports, bulletins, and instructions. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59026. Retention Period. (a) Generally, a Class 3-Disposable record, unless otherwise specified in this Subchapter, should be destroyed during the third college year after the college year in which it originated (e.g., 1993-94 plus 3 = 1996-97). Federal programs, including various student aid programs, may require longer retention periods and such program requirements shall take precedence over the requirements contained herein. (b) With respect to records basic to an audit, a Class 3-Disposable record shall not be destroyed until after the third July 1 succeeding the completion of the audit required by Education Code Section 84040 or of any other legally required audit, or that period specified by Section 59118, or after the ending date of any retention period required by any agency other than the State of California, whichever date is later. (c) With respect to continuing records, a continuing record shall not be destroyed until the third year after it has been classified as Class 3- Disposable. Note: Authority cited: Sections 66700, 70901, 71020.5 and 84500, Education Code. Reference: Section 70901, Education Code. s 59027. Chief Administrative Officer Actions. (a) The chief administrative officer, or the designee of that officer, shall: (1) Personally supervise the classification of records. (2) Mark each file or other container as to classification and the school year in which the records originated. If the records are classified as Class 3- Disposable, the chief administrative officer shall also mark the school year in which such records are to be destroyed. (3) Supervise the destruction of records. (b) The chief administrative officer or designee shall submit to the governing board a list of records recommended for destruction, and shall certify that no records are included in the list in conflict with these regulations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59028. Board Action. The governing board shall: (a) Approve or disapprove the recommendation of its designee. (b) Order a reclassification when necessary or desirable. (c) Order by action recorded in the minutes (with lists attached) the destruction of records in accordance with these regulations. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59029. Manner of Destruction. Upon the order of the governing board that specified records shall be destroyed, such records shall be permanently destroyed by such foolproof methods as shredding, burning, or pulping; and such destruction shall be supervised by the chief executive officer or other designee. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59030. Certification as to Content of Records Destroyed by Calamity. Whenever in any college year the community college register of any instructor, or other records of any district are destroyed by conflagration or public calamity, preventing the instructor and college officers from making their annual reports in the usual manner and with accuracy, affidavits of the instructor, the president, or other officers of the district, certifying as to the contents of the destroyed register or other records, shall be accepted by all college authorities for all purposes pertaining to the district, except that of calculations of full-time equivalent students (FTES). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59031. Full-time Equivalent Student Records Where Area Hit by Calamity. Whenever the full-time equivalent student of a community college district has been materially affected in any college year by conflagration, public calamity, or epidemic of unusual duration and prevalence, the regular annual reports of the instructor, the president, or officers of the district, shall be accepted by all college officers for all matters pertaining to the district, except that of full-time equivalent student. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59033. Attendance Accounting For Lost or Destroyed Records. Whenever any attendance records have been lost or destroyed by conflagration or public calamity, attendance accounting related to such records shall be made in accordance with section 58031. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59040. College Year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59041. Academic Year. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59100. General Authority of the Chancellor. To provide comprehensive accountability in programs where the Chancellor's Office has regulatory or supervisory responsibility, the Chancellor is authorized as needed to have audits or reviews conducted or to investigate any audit or review citing which indicates that the allocation of state moneys or applicable federal funding may have been in error, and where necessary, to require action to resolve any substantial error as provided herein. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 71020.5, 84040, 84040.5 and 84040.6, Education Code. s 59102. Contracting For Annual Audits. Arrangements for annual audits for any fiscal year as required by Section 84040 of the Education Code shall be made final no later than the May 1 preceding that fiscal year. Note: Authority cited: Sections 70901, 84040 and 84500, Education Code. Reference: Sections 84040, 84040.5 and 84040.6, Education Code. s 59104. Review of Annual Audits. Each district governing board shall review the annual audit prescribed pursuant to Section 84040 of the Education Code at a public meeting. Note: Authority cited: Sections 66700, 70901 and 70902, Education Code. Reference: Sections 70901 and 70902, Education Code. s 59106. Annual Audit Reports Due Date. Not later than December 31st, an audit report for each district for the preceding fiscal year required by Section 84040 of the Education Code shall be filed with the Board of Governors, the Department of Finance and other regulatory agencies in accordance with Section 84040.5 of the Education Code. The Chancellor may issue guidelines for use by districts in complying with this section. Note: Authority cited: Sections 70901 and 84040, Education Code. Reference: Sections 84040, 84040.5 and 84040.6, Education Code. s 59108. Chancellor's Review of Audit Citings. (a) The Chancellor shall review the reports of audits conducted pursuant to Section 84040 of the Education Code, or any other audit or review assessing district compliance with audit responsibilities. (b) Such review shall determine whether the audit or review reports contain citings which may warrant further investigation. Further investigation is warranted when there is a significant probability that the district has either: (1) Failed to comply with attendance accounting standards, or (2) Violated rules and regulations defining limitations on state support, or (3) Failed to comply with any other standard which has been monitored by means of a compliance question devised by the Chancellor's Office or the Department of Finance. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 84040, 84040.6 and 84500, Education Code. s 59110. District's Right to Respond. Pursuant to procedures established by the Chancellor, and prior to any actions to recover funds or to mandate other corrective measures, a district shall be given the opportunity to present information which might mitigate or refute any audit citing selected by the Chancellor for further investigation. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 84040 and 84040.6, Education Code. s 59112. Audit Resolution Actions. (a) If, upon reviewing a citing, the district's response and any other available information, the Chancellor finds that there is a need for corrective action to resolve a citing, the Chancellor may require the district to do one or more of the following: (1) Submit a corrected apportionment attendance report, (2) Implement procedures to ensure future compliance with the rules and regulations in question, or (3) Report periodically to the Chancellor on the status of actions taken to comply with the rules and regulations in question. (b) If, upon reviewing a citing, the district's response and any other available information, the Chancellor finds that there is no need for corrective action to resolve the citing, the Chancellor shall so inform the district as expeditiously as possible. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 70901 and 84040, Education Code. s 59114. Apportionment Adjustments. The Board of Governors shall make any adjustments necessary in future apportionments of all state funds to resolve errors identified through Chancellor audits or reviews under section 59100, and/or to correct any audit exceptions revealed by audit reports filed in accordance with section 59106 or section 84040.5 of the Education Code or by Chancellor reviews under section 59108. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code. s 59116. Student Attendance; Accountability for Accounting and Reporting; Minor or Inadvertent Errors; Apportionment; Discrepancy. (a) It is the intent of the Board of Governors in adopting this section that districts shall be fully accountable for the accuracy of the accounting and reporting of student attendance and shall promptly resolve inaccuracies in attendance accounting and reporting. However, it is also the intent of the Board of Governors that any minor or inadvertent errors in a district's student attendance records shall be resolved as described below. (b) The apportionment to a district for any fiscal year following the fiscal year in which an annual or special audit or Chancellor's review finding is made, or any fiscal year following the fiscal year for which a district declares a discrepancy subsequent to the submission of the annual or recalculation apportionment attendance report, shall not be affected by the audit, review or declaration, provided all of the following conditions are met: (1) The district has corrected the basis for the audit or Chancellor's review finding or declaration of discrepancy to the satisfaction of the Chancellor. (2) The district has unfunded FTES that would have otherwise been fundable in the fiscal year for which the audit or Chancellor's review finding or declaration of discrepancy was made. Any such unfunded FTES can be applied as a full or partial offset to any invalidated or lost FTES. Invalid or lost FTES not offset by unfunded FTES shall result in a negative revenue adjustment in the fiscal year in which the audit, Chancellor's review, or district declaration is resolved. (c) Any positive adjustment to a district's apportionments resulting from the implementation of this section shall not affect prior year apportionments to other districts. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59118. Limitations on Adjustments. (a) The district shall be held harmless against any Chancellor review or investigation, or any regular or special audit citing not resolved as provided in section 59112, within five years of the time when the final report of the review or investigation, or the citing is first presented to the governing board. Until five years has passed after the presentation of the final report of the review or investigation or the audit citing, the district shall retain all primary and support documentation which might need to be reviewed by the Chancellor to verify any district claim for State support. (b) The five-year period described in subdivision (a) does not apply where the Chancellor finds deliberate district misrepresentations in connection with claims for state or federal funding. Note: Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 76220 and 84040, Education Code. s 59200. Scope. Note: Authority cited: Sections 66700, 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59202. Delegation of Authority. s 59204. Definitions. For the purposes of Education Code Section 84362, the following terms shall be defined as set forth below. (a) "Salaries of classroom instructors" as used in Education Code Section 84362 means: (1) that portion of salaries paid for purposes of instruction of students by full-time and part-time instructors employed by the district, and (2) all salaries paid to district classified employees who are (A) assigned the basic title of "Instructional Aide" or other appropriate title designated by the governing board which denotes that the employees' duties include instructional tasks, and (B) employed to assist instructors in the performance of their duties, in the supervision of students, and in the performance of instructional tasks. Instructional aides who perform instructional and noninstructional tasks shall have their salaries and benefits prorated. An employee shall be deemed to be under the supervision of an instructor for the purpose of Education Code Section 84362 if the employee performs duties under the general direction of an instructor. In addition, salaries of classroom instructors shall include the cost of all benefits provided such instructors and instructional aides (Object of Expenditure code 3000 as defined in the California Community Colleges Budget and Accounting Manual). (b) "Current expense of education" (CEE) shall include Object of Expenditures 1000 through 5000 for activity codes 0100 through 6700 as defined in the California Community College Budget and Accounting Manual less expenditures for activity code 64XX (Student Transportation) and less expenditures of: (1) categorical aid received from the federal and state government requiring expenditure in a program not incurring any instructor salary expenditures; (2) categorical aid received from the federal and state government requiring disbursement of the funds without regard to the requirement of Section 84362; (3) funds for lease agreements for plant and equipment; (4) funds received from the federal or state government pursuant to the "Economic Opportunity Act of 1964"; (5) state or federal funds received for grants to community college students or for the employment of community college students; and (6) other monies received which are restricted by an external party, law or other legal requirement. (c) "Serious hardship" shall mean conditions under which: (1) conformance with the 50% requirement during the year of deficiency would have resulted in the district's inability to discharge financial liabilities; (2) the first year of infusion of new moneys resulted in the district's inability to comply with the requirements of Education Code Section 84362; (3) unanticipated, unbudgeted, and necessary expenditures resulted in the district's inability to comply with the requirements of Education Code Section 84362; or (4) the district has expended funds pursuant to Section 59213(f). In viewing a district's inability to discharge financial liabilities, consideration will be given to such factors as (1) the district's general fund ending balance, less noncash assets, is less than three percent (3%) of general fund expenditures (Object of Expenditure codes 1000 through 6000) for the year application for exemption is filed, or (2) the district's credit base FTES for the year for which exemption is being sought was less than 3,001. New monies shall mean monies which are allocated for transitional program improvement pursuant to Educational Code Section 84755. To the extent that such monies are built into the district's general apportionment funding in the following years, no further consideration for serious hardship will be given. Unanticipated, unbudgeted, and necessary expenditures shall mean certifiable expenditures that the district could not have reasonably anticipated or budgeted for, and that were necessary for the district to incur. Such expenditures may include, but are not necessarily limited to, expenditures resulting from arbitration or litigation; replacement or repair of utility services; an abnormal increase in the cost of energy, insurance, or security; or a cost increase mandated by state or federal law. In determining the impact of the infusion of new monies, the Chancellor's Office shall determine the amount of new monies pursuant to Education Code Section 84755 which were expended for salaries of classroom instructors and for the current expense of education. Following the Chancellor's determination, the percentage shall be recalculated without the effect of the expenditure of these new monies. If the district would have complied with the requirements of Education Code Section 84362 without the expenditure of new monies, a full exemption may be granted. If the district still does not comply with the requirements of Education Code Section 84362, then a partial exemption may be granted to the degree the deficiency was increased by the expenditure of these new monies. (d) "Attendance FTES" means the units of full-time equivalent student or equivalent accrued by the district during the fiscal year as a result of the attendance of all students as reported to the Chancellor's Office on prescribed attendance reports. (e) "Community college districts of comparable type functioning under comparable conditions" are deemed to be any which: (1) had met the 50% salary requirement for the year in question; (2) had CEE per attendance FTES which is within $250 of the district seeking exemption; and (3) had attendance FTES which is within 30% of the applicant district. If Subsections (e)(2) and (e)(3) above do not yield at least 5 districts, then Subsection (e)(2) will be expanded by $50 increments and Subsection (e)(3) will be expanded by 5% increments until at least 5 districts are determined. (f) Payment of comparable salaries of classroom instructors will be deemed to exist when a district's expenditure for salaries of classroom instructors, divided by attendance FTES, equals or exceeds the same aggregated data for districts functioning under comparable conditions. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59206. District Application for Exemption. (a) After the conclusion of each fiscal year, each district shall determine if 50% of its current expense of education (CEE) was expended for the payment of salaries of classroom instructors after exclusion from the numerator and denominator of amounts spent from any nonexempted deficiency from the second preceding fiscal year. (b) In the event a district has not expended the required amount and it appears to its governing board that such expenditure would have resulted in serious hardship to the district or in the payment of excessive salaries of classroom instructors, it may apply to the Chancellor in a form and manner to be determined by the Chancellor not later than September 15 following the year of deficiency for exemption from the requirements of Education Code section 84362. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59207. Notice to Academic Employees. The district applying for exemption shall immediately, but not less than thirty (30) days preceding the public hearing to determine the basis on which it will apply for exemption, provide the exclusive representative of the district's academic employees and the district or college academic senate with a copy of such application. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59208. Consideration by District Governing Board. (a) The governing board of the district applying for exemption shall hold a public hearing to determine the basis for the district's application for exemption. This public hearing shall be held during a meeting of the district governing board and shall be noticed as a separate item on the agenda for the meeting as required by Education Code Section 72121 except that the notice required must be given at least 30 days prior to the meeting. The governing board shall give interested parties a reasonable opportunity to be heard. The governing board shall then determine whether expenditure of the required amount would have resulted in serious hardship to the district or in the payment of salaries of classroom instructors in excess of the salaries of classroom instructors paid by other districts of comparable type and functioning under comparable conditions. (b) The district shall then, not later than December 1, or if the Chancellor has granted the district an extension in writing, not later than December 15, transmit the findings of the governing board to the Chancellor in a form and manner to be determined by the Chancellor. The final figures used by the Chancellor's Office as the basis for determining the degree of compliance with Education Code Section 84362 shall be those submitted by the district as of December 1, or if granted an extension, December 15. (c) Failure to comply with the provisions of this Section shall void the district's application for exemption. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59209. Response by Academic Employees. Within two weeks of the public hearing or by the date the district is required to transmit its findings to the Chancellor, whichever is later, the academic employee organization(s) required to be notified pursuant to Section 59207 may submit an additional written statement opposing the application to the Chancellor and requesting a hearing by the Chancellor. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59210. Chancellor's Recommendation. (a) The Chancellor shall annually determine the percentage of current expenses of education expended for salaries of classroom instructors during the preceding fiscal year for each district from information submitted on the "Annual Financial and Budget Report" (CCFS-311) and from information reported in the annual audit reports required by Education Code Section 84040. (b) The Chancellor's Office shall analyze each application for exemption together with statements of opposition submitted by the academic employee organization(s) and the audit report submitted pursuant to Education Code Section 84040 to determine compliance with Education Code Section 84362. If requested by the exclusive representative of the district's academic employees or the district, the Chancellor or designee shall hold a hearing to collect and consider additional information. (c) If the district filed an application for an exemption as required by these regulations, the Chancellor shall recommend one of the following actions to the Board of Governors: (1) that the Board deny the application; (2) that the Board grant the application; or (3) that the Board grant the application in part. (d) The Board of Governors shall determine whether the facts presented by the Chancellor established that application of the 50 percent salary requirement would have resulted in serious hardship or in expenditures for salaries of classroom instructors in excess of that paid by comparable districts. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59211. Board of Governors Action. The Board of Governors shall, no later than March 1, receive the Chancellor's recommendations. The Board shall then deny, grant, or grant in part the district's application. Exemption shall be granted only to the limit of the deficiency in an amount above that necessary to raise the district's expenditures for salaries of classroom instructors per attendance FTES to the levels of the average of the comparison districts or in an amount equal to that which would have been needed by the district to avoid a serious hardship. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59212. Amendments to District Applications. (a) The Chancellor may accept amendments to the district's application for exemption if the Chancellor determines that the proposed amendments are nonsubstantive rather than substantive. Nonsubstantive amendments are only those which result from arithmetical errors and miscategorization of expenses. Such amendments must also be certified by the district's independent auditor. (b) A district filing an amendment to its application for exemption under this section is not required to follow the procedures of section 59206. However, the district shall furnish a copy of the amendment to the faculty organization required to be notified pursuant to section 59207 at the same time the amendment is filed with Chancellor. Where a hearing of the Chancellor has been requested pursuant to section 59210, such amendment must be submitted 20 working days prior to the date of the hearing. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59213. Chancellor's Action. Where a district has failed to file an application for exemption in the manner required by these regulations, or where the Board of Governors has denied any part of a district's deficient amount, the Chancellor shall designate the deficient amount or nonexempted portion thereof to be deposited in the county treasury to the credit of the district from state apportionments but unavailable for expenditure until the district has complied with the requirements of Education Code section 84362 or otherwise instructed by the Chancellor's Office. Such amount may be reduced by expenditures for salaries of classroom instructors exceeding the requirements of Eduction Code section 84362 in the two years immediately following the year of noncompliance. The Chancellor shall instruct the district to develop a plan as to how the amount of the deficiency not exempted by the Board of Governors will be expended for salaries of classroom instructors during the next fiscal year. The governing board shall certify a plan for achieving compliance with the requirements of Education Code section 84362 with regard to the nonexempted deficiency. The plan shall specify expenditures for salaries of classroom instructors over and above the amount regularly budgeted for the year. The plan shall be submitted to the Chancellor by June 30 of the year before the nonexempted deficiency must be expended. The plan may include consideration of such factors as: (a) salary increases for instructors (either on- or off-salary schedule); (b) additional instructors; (c) additional instructional aides within the definition in section 59204. (d) conversion of part-time instructors to full-time. (e) reassignment of qualified personnel from other activities to classroom instruction; and (f) items other than salaries of classroom instructors, i.e. instructional materials, additional library or counseling staff, etc., with the mutual agreement of the exclusive representative of the district's academic employees or, if none exists, the district or college academic senate, where the district can document the necessity, showing adverse impact on the district if such expenditures were not allowed. Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code. s 59214. Failure to Comply. If the district fails to comply with the requirements of Education Code section 84362 within two years following the year for which exemption is being sought, an amount equal to the nonexempt amount or the amount by which the district failed to comply with Education Code section 84362, whichever is less, shall be deducted from apportionments made to the district on a one-time basis during the third year following the year of the deficiency. The nonexempted amount shall be reduced by any amount by which the district has exceeded fifty percent (50%) of the current expense of education in the two years immediately following the year for which exemption has been sought. Note: Authority cited: Sections 70901, 84362, Education Code. Reference: Section 84362, Education Code. s 59250. Scope. (a) The governing body of a community college district may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges, as determined by the governing board. Such organizations shall be established and maintained in accordance with the provisions of article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code, and the regulations contained in this subchapter. (b) Other organizations which provide supportive services and specialized programs for the general benefit of colleges, which are authorized by other provisions of law, need not be established as an auxiliary organization pursuant to this subchapter. If, however, an organization is not established as an auxiliary organization in accordance with the provisions of this subchapter, its powers and duties will continue to be defined by the other provisions of law which provide for its establishment and operation. (c) An auxiliary organization which was in existence on or before August 31, 1980, may continue to operate under the provisions of article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code, as it read on August 30, 1980. Such organizations, however, shall operate only in accordance with the provisions of former article 6; and shall not, unless established and maintained in accordance with the provisions of this subchapter, be vested with any additional authority or flexibility that may be provided by this subchapter and the current article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code. s 59251. Definitions. For the purposes of this subchapter, the following definitions shall be applied: (a) Auxiliary organization: An "auxiliary organization" is an entity authorized by section 72670 of the Education Code which is established by the governing board in accordance with the provisions of this subchapter and Article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code. (b) Written agreement: A "written agreement" is an agreement between a community college district and an auxiliary organization which may implement or otherwise address the requirements of subdivision (j) of section 59257 of this subchapter. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code. s 59255. Conditions for Establishment. The following conditions must be met before an auxiliary organization may be established by a community college district: (a) The district's governing board must adopt implementing regulations for auxiliary organizations. Such regulations must, at least, address the subjects specified in section 59257 of this subchapter; (b) The district's implementing regulations must be reviewed and approved by the Chancellor of the California Community Colleges; (c) The particular auxiliary organization being established may only provide recognized services or functions as specified in section 59259; (d) The district governing board must approve the establishment of the auxiliary organization; and (e) The district must at such time as it recognizes an auxiliary organization, submit to the Chancellor any written agreement with an auxiliary organization, as well as the articles of incorporation, bylaws, or other governing instrument of the particular auxiliary organization. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code. s 59257. Implementing Regulations. Each district governing board wishing to establish an auxiliary organization must adopt implementing regulations, and submit such regulations to the Chancellor for approval. The implementing regulations must contain provisions which address at least the following subjects: (a) Provisions which set forth the district's method for recognizing an auxiliary organization, which procedure must include a public hearing prior to such recognition; (b) Provisions which limit authorized auxiliary organizations to those performing recognized functions described in section 59259; (c) Provisions which implement section 72674 of the Education Code, regarding composition and meetings of boards of directors of auxiliary organizations; (d) Provisions which implement subdivision (a) of section 72672 of the Education Code, regarding the audit of auxiliary organizations; (e) Provisions which implement subdivision (c) of section 72672 of Education Code, regarding salaries, working conditions, and benefits for full-time employees of auxiliary organizations; (f) Provisions which implement section 72675 of the Education Code, regarding expenditures and fund appropriations by auxiliary organizations. In implementing subdivision (b)(2) of section 72675, the district regulations may specify different standards for different types of auxiliary organizations. (g) Provisions which establish recordkeeping responsibilities of auxiliary organizations; (h) Provisions which establish a procedure for periodic review of each auxiliary organization by the district to insure that it is complying with sections 72670-72682 of the Education Code, district implementing regulations, any written agreement with the district, and its articles of incorporation or bylaws; and (i) Provisions which prohibit the district from transferring any of its funds or resources other than funds or resources derived from gifts or bequests, to any of its auxiliary organizations, when the purpose of such transfer is either to avoid laws or regulations which constrain community college districts or to provide the district with an unfair advantage with respect to the application of any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for students with disabilities. (j) Provisions which shall specify the following: (1) The function or functions which the auxiliary organization is to manage, operate or administer; (2) A statement of the reasons for administration of the functions by the auxiliary organization instead of by the college under usual district procedures; (3) The areas of authority and responsibility of the auxiliary organization and the college; (4) The facilities to be made available, if any, by the district to permit the auxiliary organization to perform the functions specified in the implementing regulations or written agreement; (5) The charge or rental to be paid to the district by the auxiliary organization for any district facilities used in connection with the performance of its function. The charge or rental specified shall not require involved methods of computation, and should be identified in sufficient time before its incurrence so that the auxiliary organization may determine to what extent it shall be liable therefor; (6) Full reimbursement to the district for services performed by district employees under the direction of the auxiliary organization. No more than 50% of the reimbursement by an auxiliary organization may be made in the form of non-monetary benefits that the auxiliary organization provides to a community college district, such as increased community awareness or other such benefits that are agreed upon by district officials and the auxiliary organization. Such non-monetary benefits shall be assigned a good-faith reimbursement value by the district. Methods of proration where services are performed by district employees for the auxiliary organization shall be simple and equitable; (7) A simple and stable method of determining in advance to what extent the auxiliary organization shall be liable for indirect costs relating to federally-sponsored programs; (8) The responsibility for maintenance and payment of operating expenses; (9) The proposed expenditures for public relations or other purposes which would serve to augment district appropriations for operation of the college. With respect to expenditures for public relations or other purposes which would serve to augment district appropriation for the college, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the board of directors of the auxiliary organization. The governing board shall name a designee who shall file with the governing board a statement of auxiliary organizations' policies on accumulation and use of public relations funds. The statement will include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control; (10) The disposition to be made of net earnings derived from the operation of facilities owned or leased by the auxiliary organization and provisions for reserves; (11) The disposition to be made of net assets on cessation of the operations under the agreement; and (12) Provisions which require a covenant of the auxiliary organization to maintain its existence throughout the period of the agreement and to operate in accordance with sections 72670-72682 of the Education Code, and with the regulations contained in this subchapter as well as district implementing regulations. In addressing the requirements of this subdivision in its district implementing regulations, a district may provide for such requirements in a written agreement or agreements with an auxiliary organization. The agreement shall provide for all requirements of this subdivision which have not been addressed in the district implementing regulations. Notwithstanding subdivision (e) of section 59255, if the requirements of this subdivision are provided for in the written agreement rather than the district's implementing regulations, the auxiliary organization may not be recognized by the district until the agreement is submitted to the Chancellor for approval. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code. s 59259. Recognized Functions. The functions to be undertaken by auxiliary organizations are for the purpose of providing activities which are an integral part of the community college educational programs. The following supportive services and specified programs which may be developed and operated by auxiliary organizations have been determined by the Board of Governors to be appropriate: (a) Student association or organization activities; (b) Bookstores; (c) Food and campus services; (d) Student union programs; (e) Facilities and equipment; (f) Loans, scholarships, grants-in-aids; (g) Workshops, conferences, institutes, and federal projects; (h) Alumni activities; (i) Supplementary health services; (j) Gifts, bequests, devises, endowments and trusts; and (k) Public relations programs. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Sections 72670 and 72672, Education Code. s 59263. Auxiliary Organizations in Good Standing. (a) Each district which establishes one or more auxiliary organizations shall prepare and keep current a list of auxiliary organizations in good standing. All auxiliary organizations which, after periodic review in the manner specified by district implementing regulations, are found to be in compliance with applicable laws and regulations, shall be included on this list. (b) When the chief executive officer or other designee of a district has reason to believe that a particular organization should be removed from this list, he or she shall give the board of directors of such organization reasonable notice that a conference will be held to determine whether grounds for removal do in fact exist, and representatives of said board shall be entitled to be present at such conference and to be heard. Based upon such conference, the chief executive officer or other designee shall recommend to the district governing board whether a particular organization should be removed from the list. The district governing board may, in its sole discretion, remove such an auxiliary organization from said list, and may make such other provisions consistent with law as may be appropriate with respect to an auxiliary organization not included on said list. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Section 72672, Education Code. s 59265. Ongoing Responsibilities. Each district governing board which establishes one or more auxiliary organizations shall: (a) Insure that an audit on each auxiliary organization is performed annually in the manner prescribed by subdivision (a) of section 72672 of the Education Code; and that a copy of said audit is submitted to the Chancellor; (b) Submit any changes in district implementing regulations to the Chancellor for approval; (c) Submit to the Chancellor any changes made in any written agreement, articles of incorporation, bylaws or other governing instrument pertaining to any established auxiliary organization; (d) Periodically review each auxiliary organization for compliance with Education Code sections 72670-72682, the regulations contained in this subchapter and district implementing regulations, any written agreement, and the auxiliary organization's articles of incorporation, bylaws or other governing instrument. Such review shall be conducted in accordance with the procedure specified in the district implementing regulations; (e) Prepare and keep current a list of auxiliary organizations in good standing in the manner provided for in section 59263. A copy of the initial list of auxiliary organizations in good standing, as well as any updated version of such list shall be forwarded to the Chancellor; and (f) Report to the Chancellor, as may be required from time to time, on the operations of its auxiliary organizations. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code. s 59270. Procedures for Annual Audits and Financial Reporting. The Chancellor shall prescribe the reporting and auditing procedures for auxiliary organizations. Districts and auxiliary organizations shall apply and comply with such procedures. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with section 72670), Chapter 6, Part 45, Education Code. s 59272. Review of District Implementing Regulations. The Chancellor shall review and approve or disapprove district implementing regulations no later than 60 days after receipt. Implementing regulations which satisfactorily address the minimum contents specified in section 59257 shall be approved. Implementing regulations which are disapproved shall be returned with a statement of reasons as to why they were rejected. Regulations that have not been disapproved by the Chancellor within 60 days of receipt shall be deemed to be approved until such a time as the Chancellor notifies the district that a provision of the implementing regulations must be revised and a statement of the reason for the revision. Note: Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code. s 59274. Retention of Documentation. Note: Authority cited: Sections 71020 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code. s 59276. Annual Report to Legislature. Note: Authority cited: Sections 71020 and 72672, Education Code. Reference: Section 72681, Education Code. s 59300. Purpose. The purpose of this subchapter is to implement the provisions of California Government Code sections 11135 through 11139.5, the Sex Equity in Education Act (Ed. Code s 66250 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. s 2000d), title IX of the Education Amendments of 1972 (20 U.S.C. s 1681), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. s 794), the Americans with Disabilities Act of 1990 (42 U.S.C. s 12100 et seq.) and the Age Discrimination Act (42 U.S.C. s 6101), to the end that no person in the State of California shall, in whole or in part, on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135-11139.5, Government Code; Sections 422.6 and 422.55, Penal Code; Title 20, United States Code, Section 1681; Title 29, United States Code, Section 794; and Title 42, United States Code, Sections 2000d, 6101 and 12100, et seq. s 59301. Prohibited Discrimination. Note: Authority cited: Section 11138, Government Code; and Sections 71020 and 71025, Education Code. Reference: Sections 11135 and 11138, Government Code. s 59302. Academic Requirements. Nothing in this subchapter shall be interpreted to prohibit bona fide academic requirements for a specific community college program, course or activity. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code. s 59303. Delegation of Authority. Note: Authority cited: Section 11138, Government Code; and Sections 70901 and 71090, Education Code. Reference: Sections 11135 and 11138, Government Code. s 59304. Intent. It is the intent of the Board of Governors that the Chancellor assist community college districts in recognizing and eliminating unlawful discrimination that may exist in their programs and activities and in meeting the requirements of this subchapter. Punitive action authorized by this subchapter will be taken only when remedial action has failed to eliminate unlawful discrimination from the programs and activities of a community college district. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135, 11137 and 11139, Government Code. s 59305. Operative Date. Note: Authority cited: Section 11138, Government Code; and Sections 71020 and 71025, Education Code. Reference: Sections 11135 and 11138, Government Code. s 59306. Visitor Parking for Persons with Disabilities. (a) Each community college district shall, consistent with the requirements of Education Code section 67301, provide visitor parking at each of its colleges or centers at no charge to persons with disabilities or to those providing transportation for such persons. (b) For purposes of this section only, "persons with disabilities" are those who: (1) qualify as disabled persons pursuant to section 22511.5 of the Vehicle Code; or (2) if they were students, would be entitled to special parking provided to students with disabilities pursuant to subchapter 1 (commencing with section 56000) of chapter 7 of this division. (c) Parking at no charge shall be available to persons with disabilities who are visitors, and to those providing transportation to such persons, in those parking facilities which are most accessible to administrative offices, libraries, and other facilities which the district finds are most used by visitors. (d) Each community college district shall post in conspicuous places notice that parking is available without charge to persons with disabilities who are visitors and to those providing transportation for such persons. (e) When parking provided pursuant to this section is located in an area where access is controlled by a mechanical gate, the district shall ensure that accommodations are made for persons with disabilities who are unable to operate the gate controls. Accommodations may be provided by an attendant assigned to assist in the operation of the gate or by any other effective means deemed appropriate by the district. (f) Parking fees collected pursuant to Education Code section 76360 shall be used to offset any costs resulting from compliance with the requirements of this section. Note: Authority cited: Sections 66271.1, 66700, 67301 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq., 67301, 72011 and 76360, Education Code; and Section 22511.5, Vehicle Code. s 59307. Sexual Harassment and Sex Discrimination. Note: Authority cited: Sections 232 and 70901, Education Code; and Section 11135, Government Code. Reference: Sections 200 et seq., Education Code. s 59310. Incorporation by Reference. Except as otherwise provided by this subchapter, those definitions of activities prohibited by, and persons protected by, title 22 of the California Code of Regulations (commencing with section 98100) are incorporated into and made applicable to this subchapter as if fully set forth here. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code. s 59311. Definitions. For purposes of this subchapter, the following definitions shall apply: (a) "Appeal" means a request by a complainant made in writing to a community college district governing board pursuant to section 59338 and/or to the Chancellor's Office pursuant to section 59339 to review the administrative determination of a community college district regarding a complaint of discrimination. (b) "Complaint" means a written and signed statement meeting the requirements of section 59328 that alleges unlawful discrimination in violation of this subchapter. (c) "Days" means calendar days. (d) Except for purposes of section 59306, "disability" means any mental or physical disability as defined in Government Code section 12926. (e) "Discrimination on the basis of sex" means sexual harassment or discrimination on the basis of gender. (f) "Gender" includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. (g) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code. s 59320. District Responsibility. Each community college district has primary responsibility to insure that its programs and activities are available to all persons without regard to their actual or perceived ethnic group identification, national origin, religion, age, race, sex, color, sexual orientation, ancestry, or physical or mental disability or to their association with a person or group with one or more of these actual or perceived characteristics. Therefore, each community college district shall investigate complaints of unlawful discrimination in its programs or activities, and seek to resolve those complaints in accordance with the provisions of this subchapter. Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code. s 59322. District Regulations. Each community college district shall establish and adopt written policies consistent with this subchapter. When the policies are adopted or amended, they shall be submitted to the Chancellor for review and approval within 90 days of the effective date of the adoption or amendment(s). Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code. s 59324. Responsible District Officer. Each community college district shall identify to the Chancellor and to the public a single person as the district officer responsible for receiving complaints filed pursuant to section 59328 and for coordinating their investigation. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract with the district. Such procedures shall be used whenever the officer designated to receive complaints is named in the complaint or is implicated by the allegations in the complaint. Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code. s 59326. Notice to Students and Employees. Each community college district shall notify students and employees of the provisions of this subchapter. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code. s 59327. Informal Resolution. (a) Whenever any person brings charges of unlawful discrimination to the attention of the responsible district officer designated pursuant to section 59324, that officer shall: (1) undertake efforts to informally resolve the charges; (2) advise the complainant that he or she need not participate in informal resolution; (3) notify the person bringing the charges of his or her right to file a complaint, as defined in section 59311, and of the procedure for filing such a complaint pursuant to section 59328; (4) advise the complainant that he or she may file his or her nonemployment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within that agency's jurisdiction; and (5) advise the complainant that he or she may file his or her employment-based complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies. (b) Efforts at informal resolution pursuant to subdivision (a)(1) need not include any investigation unless the responsible district officer determines that an investigation is warranted by the seriousness of the charges. (c) Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to section 59334 and must be completed unless the matter is informally resolved and the complainant dismisses the formal complaint or the complainant files with the DFEH and the Chancellor elects not to require further investigation pursuant to section 59328(f)(2). Any efforts at informal resolution after the filing of a written complaint shall not exceed the ninety (90) day period for rendering the administrative determination pursuant to section 59336. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59328. Formal Investigation Upon Filing of Written Complaint. An investigation of alleged unlawful discrimination prohibited by this subchapter will be initiated by filing a complaint that meets the following requirements: (a) The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his or her official capacity as a faculty member or administrator. (b) The complaint shall be filed with the Chancellor of the California Community Colleges or with the officer designated pursuant to section 59324 by the appropriate community college district. (c) The complaint shall be in a form prescribed by the Chancellor. (d) In any complaint not involving employment, the complaint shall be filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of unlawful discrimination. (e) In any complaint alleging discrimination in employment, the complaint shall be filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period should be extended by no more than 90 days following the expiration of the 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days. (f) In any complaint alleging discrimination in employment, the district shall: (1) advise the complainant that he or she may file the complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies; and (2) forward a copy of any filing by the complainant with the DFEH to the Chancellor's Office for a determination of whether the issues presented require an independent investigation of the matter under the provisions of this subchapter. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59329. Complaints Filed with Chancellor. Upon receiving a complaint filed pursuant to section 59328, the Chancellor will immediately forward a copy of the complaint to the appropriate community college district responsible officer who shall respond pursuant to section 59332 or initiate the investigation required by section 59334. In any complaint alleging employment discrimination, the Chancellor shall notify the complainant that he or she has the right to file with the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of that agency. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59330. Notice to Chancellor. Immediately upon receiving a complaint filed in accordance with section 59328, the district shall forward a copy of the complaint to the Chancellor. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59332. Defective Complaint. When a district receives a complaint which it finds does not meet the requirements of section 59328 the district shall immediately notify the complainant that the complaint does not meet the requirements of section 59328 and shall specify in what requirement the complaint is defective. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59333. Office for Civil Rights. (a) Whenever a complaint is filed with the Chancellor pursuant to section 59329 and whenever the Chancellor renders a decision pursuant to article 4 (commencing with section 59350) of this subchapter, the Chancellor shall notify the complainant that he or she may file a complaint regarding the same matter with the Office For Civil Rights of the U.S. Department of Education (OCR) where the complaint is within the jurisdiction of that agency. (b) In such cases, OCR will normally accept compliance with these regulations as satisfying the due process requirements of federal law. (c) OCR shall have no jurisdiction to rule on any finding regarding violation of state law. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59334. District Investigation. Upon receiving a complaint that is properly filed in accordance with section 59328, the district will commence an impartial fact-finding investigation of that complaint and notify the complainant and Chancellor that it is doing so. The results of the investigation shall be set forth in a written report that shall include at least all of the following: (a) a description of the circumstances giving rise to the complaint; (b) a summary of the testimony provided by each witness, including the complainant and any viable witnesses identified by the complainant in the complaint; (c) an analysis of any relevant data or other evidence collected during the course of the investigation; (d) a specific finding as to whether there is probable cause to believe that discrimination occurred with respect to each allegation in the complaint; and (e) any other information deemed appropriate by the district. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59336. Administrative Determination. Within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy of the investigative report required pursuant to section 59334 to the Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor: (a) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; (b) a description of actions taken, if any, to prevent similar problems from occurring in the future; (c) the proposed resolution of the complaint; and (d) the complainant's right to appeal to the district governing board and the Chancellor pursuant to sections 59338 and 59339. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59338. Final District Decision; Appeals to Local Governing Board. (a) If the complainant is not satisfied with the results of the administrative determination rendered pursuant to section 59336, the complainant may submit a written appeal to the district governing board within fifteen (15) days from the date of the administrative determination. The governing board shall review the original complaint, the investigative report, the administrative determination, and the appeal and issue a final district decision in the matter within forty-five (45) days after receiving the appeal. (b) A copy of the final district decision rendered by the governing board that includes complainant's right to appeal the district's decision to the Chancellor pursuant to section 59339 shall be forwarded to the complainant and to the Chancellor. (c) If the governing board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final district decision in the matter. The district shall notify the complainant and the Chancellor that the board took no action and the administrative determination is deemed approved pursuant to this section. The complainant shall also be notified of his or her right to appeal the district's decision to the Chancellor pursuant to section 59339. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59339. Appeal to Chancellor. (a) In any case not involving employment discrimination, the complainant shall have the right to file a written appeal with the Chancellor within thirty (30) days from the date that the governing board issues the final district decision or permits the administrative determination to become final pursuant to section 59338. Such appeals shall be processed pursuant to the provisions of article 4 (commencing with section 59350) of this subchapter. The appeal must be accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board and a statement under penalty of perjury that no response was received from the governing board within forty-five (45) days from that date. (b) In any case involving employment discrimination, the complainant may, at any time before or after the final district decision is rendered, file a complaint with the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of that agency. Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59340. Forward to Chancellor. Within 150 days of receiving a complaint, the district will forward the following to the Chancellor: (a) a copy of the final district decision rendered by the governing board or a statement indicating the date on which the administrative determination became final pursuant to section 59338(a); (b) a copy of the notice to the complainant required pursuant to section 59338(a); and (c) such other information as the Chancellor may require. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59342. Extensions; Failure to Comply. (a) If a district, for reasons beyond its control, is unable to comply with the 90-day or 150-day deadline specified in sections 59336 or 59340, the district may file a written request that the Chancellor grant an extension of the deadline. The request shall be submitted no later than ten (10) days prior to the expiration of the deadline established pursuant to sections 59336 or 59340 and shall set forth the reasons for the request and the date by which the district expects to be able to submit the required materials. (b) A copy of the request for an extension shall be sent to the complainant, who shall be notified that he or she may file written objections with the Chancellor within five (5) days of receipt. (c) The Chancellor may grant the request unless delay would be prejudicial to the investigation. If the Chancellor grants an extension of the 90-day deadline, the 150-day deadline is automatically extended by an equal amount. (d) If a district fails to comply with the requirements of sections 59336 or 59340 by the required deadline, including any extension granted pursuant to this section, the Chancellor may proceed to review the case as provided in article 4 (commencing with section 59350) of this subchapter based on the original complaint and any other relevant information then available. Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59350. Review for Reasonable Cause. (a) The Chancellor shall review the materials submitted by the district pursuant to sections 59336 and 59340, together with the complainant's appeal, and determine whether there is reasonable cause to believe the district has violated the requirements of this subchapter. (b) Failure by the complainant to file an appeal pursuant to section 59339 shall not preclude the Chancellor from finding reasonable cause to believe the district has violated the requirements of this subchapter. (c) If the Chancellor finds there is no reasonable cause to believe a violation has occurred, the Chancellor shall immediately notify both the complainant and the district. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59351. New Issues Raised on Appeal. If, upon review of the materials submitted by the complainant pursuant to section 59339, the Chancellor's Office finds that issues or facts not included in the complaint have been raised for the first time on appeal, the Chancellor's Office will provide the district a reasonable opportunity to respond to the new issues or facts raised by complainant. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59352. Investigation. If the Chancellor finds there is reasonable cause to believe a violation has occurred, the Chancellor shall investigate to determine whether there is probable cause to believe a violation has occurred. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59354. Informal Resolution. During the course of the investigation, the Chancellor shall seek to informally resolve the alleged violation. Such resolution shall be set forth in a written conciliation agreement. A copy of the written agreement shall be sent to the complainant. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59356. Formal Resolution. Within 120 days of initiating the investigation, the Chancellor shall take one of the following actions: (a) Notify the district and the complainant that there is probable cause to believe the district has violated the provisions of this subchapter. The Chancellor shall allow the district to acquiesce in this finding prior to filing an accusation against the district. (b) Notify the district and the complainant that there is no probable cause to believe the district has violated the provisions of this subchapter. Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59358. Hearing. If the Chancellor finds the district has violated the provisions of this subchapter, and if the district does not acquiesce in that finding, the Chancellor shall initiate the hearing process pursuant to chapter 5 (commencing with section 11500) of part 1, division 3, title 2 of the Government Code, to determine whether the violation did occur. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59360. Enforcement. (a) Upon a determination that a district has violated the provisions of this subchapter, the Chancellor shall notify the district of the action he or she will take to effect compliance. The Chancellor may use any means authorized by law to effect compliance, including: (1) Withhold all or part of the district's state support, including state general apportionment and/or growth funding; (2) Make eligibility for future state support, including state general apportionment and/or growth funding, and/or eligibility for grants or contracts administered by the Chancellor's Office, conditional on compliance with specified conditions; (3) Proceed in a court of competent jurisdiction for an appropriate order compelling compliance. (b) No decision to curtail state funding to a district pursuant to this section shall be made until the Chancellor has determined that compliance cannot be secured by voluntary means. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135, 11136 and 11137, Government Code. s 59362. Judicial Review. A decision by the Chancellor pursuant to section 59360 is subject to judicial review by the district, as provided by section 1094.5 of the Code of Civil Procedure. Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code. s 59400. Required Instructional and Other Materials. (a) The governing board of a district may, consistent with the provisions of this Subchapter, require students to provide instructional and other materials required for a credit or noncredit course, provided that such materials are of continuing value to a student outside of the classroom setting, and provided that such materials are not solely or exclusively available from the district. (b) Except as specifically authorized or required in the Education Code, the governing board of a community college district shall not require a student to pay a fee for any instructional and other materials required for a credit or noncredit course. Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code. s 59402. Definitions. For the purposes of this subchapter the following definitions apply: (a) "Instructional and other materials" means any tangible personal property which is owned or primarily controlled by an individual student. (b) "Required instructional and other materials" means any instructional and other materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which is necessary to achieve those required objectives of a course which are to be accomplished under the supervision of an instructor during class hours. (c) "Solely or exclusively available from the district" means that the material is not available except through the district, or that the district requires that the material be purchased or procured from it. A material shall not be considered to be solely or exclusively available from the district if it is provided to the student at the district's actual cost and: (1) the material is otherwise generally available, but is provided solely or exclusively by the district for health and safety reasons; or (2) the material is provided in lieu of other generally available but more expensive material which would otherwise be required. (d) "Required instructional and other materials which are of continuing value outside of the classroom setting" are materials which can be taken from the classroom setting, and which are not wholly consumed, used up, or rendered valueless as they are applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during class hours. (e) "Tangible personal property" includes electronic data that the student may access during the class and store for personal use after the class in a manner comparable to the use available during the class. Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code. s 59404. District Policies and Regulations for Instructional and Other Materials. (a) The governing board of a community college district which requires that students provide instructional or other materials for a course shall adopt policies or regulations, consistent with the provisions of this subchapter, which specify the conditions under which such materials will be required. (b) The policies or regulations specified in subdivision (a) shall be published in each college catalog developed after the date of adoption. Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code. s 59406. Report to Chancellor. The governing board of a community college district which prescribes required instructional and other materials for its courses shall respond to periodic surveys or inquiries of the Chancellor on the subject. Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code. s 59406.5. Reports Re Instructional Materials Used. Each district board shall make reports, whenever required, directly to the Board of Governors or Chancellor's Office, concerning the instructional materials used in its colleges. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59408. Violations of Subchapter. The governing board of a district which prescribes required instructional and other materials in violation of this subchapter shall be deemed to have established a student fee not expressly established by law. Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code. s 59410. Withholding Grades, Transcripts, etc., for Nonrepayment of Financial Obligations. The governing board of a community college district may provide by appropriate rules and regulations that grades, transcripts, diplomas and registration privileges, or any combination thereof, shall be withheld from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the district or a college. Any item or items withheld shall be released when the student satisfactorily meets the financial obligation. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59420. Newly Formed District. A community college district is a newly formed district up to the close of the fiscal year in which its formation became effective for all purposes. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59422. Use of Bond Proceeds. When the territory of a district is reorganized, any funds derived from the sale of the bonds issued by the former district shall be used for the acquisition, construction, or improvement of college property only in the territory which comprised the former district or to discharge the bonded indebtedness of the former district, except that if the bonded indebtedness is assumed by the new district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59424. Territory of District Becoming Part of Two or More Districts; Disposition of Records. If all the territory of any reorganized district becomes part of two or more districts, and the inclusion in the two or more districts of the several portions of territory comprising the whole of the original district is effective for all purposes on the same date, the records of the original district shall be disposed of as follows: (a) All records of the original district which are required by law to be kept on file shall be deposited with the governing board of the district which, after the reorganization has become effective for all purposes, has located within its boundaries the former office of the superintendent of the original district. (b) Records of employees shall be transferred to the district thereafter employing the personnel or thereafter maintaining the last place of employment. (c) Records of students shall be transferred to the district which, after the date on which the reorganization becomes effective for all purposes, maintains the college in which a student was last enrolled. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code. s 59500. Scope of Subchapter. (a) The Board of Governors confirms that contracting opportunities shall not be denied because of discrimination and encourage broad opportunities for the participation of business enterprises, including minority, women, and disabled veteran business enterprise participation in the award of district contracts consistent with this subchapter for contracts for construction, public works, professional services, materials, supplies, equipment, alteration, repair, or improvement. However, each district shall have flexibility to determine how to provide inclusive opportunities for any given contract. (b) As part of their efforts to ensure nondiscrimination in their public works contracting programs, districts may collect data concerning the participation of contractors, including minority business enterprises, women business enterprises, and disabled veteran business enterprises in the award of district contracts to verify that artificial barriers to participation on the basis of race, gender, or disability do not exist. (c) Nothing in this subchapter authorizes any district to discriminate in awarding contracts on the basis of any characteristic protected from discrimination under subchapter 5, commencing with section 59300. (d) Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions. Note: Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code. s 59502. Definitions. The following definitions apply for purposes of data collection: (a) "Certification" means a process to identify the status of minority, women, and disabled veteran business enterprises and of other contractors or potential contractors. (b) "Contract" includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a public works contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the district. The term "contract" does not include payments to utility companies or purchases, leases or services secured through other public agencies and corporations, the Department of General Services, or the federal government pursuant to Public Contract Code sections 20652 and 20653 and Education Code section 81653; (c) "Contractor" means any person or persons, regardless of any characteristic protected from discrimination under subchapter 5, commencing with section 59300, whether or not a minority business enterprise, women business enterprise, or disabled veteran business enterprise, who enters into a contract with a district. (d) "Disabled veteran business enterprise" means a business enterprise certified as a disabled veteran business enterprise by the Department of General Services' Office of Small Business and Disabled Veteran Business Enterprise Services pursuant to Military and Veterans Code, section 999, or a business enterprise that certifies that it has met such standards. (e) "District" means any community college district, board of trustees or officer, employee, or agent of such a district or board empowered to enter into contracts on behalf of the district. (f) "MBE/WBE/DVBE" means a minority business enterprise, a women business enterprise, and/or a disabled veteran business enterprise. Although a business enterprise may qualify under multiple categories, the entry shall be designated in one specific category for the purposes of these regulations. (g) "Minority business enterprise" means a business concern that meets all of the following criteria: (1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more minority, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority. (2) A business whose management and daily operations are controlled by one or more minority who own the business. (3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business. (h) "Women business enterprise" means a business concern that meets all of the following criteria: (1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women. (2) A business whose management and daily operations are controlled by one of more women who own the business. (3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business. Note: Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code. s 59504. Efforts by Districts. Each district shall undertake appropriate efforts to provide participation opportunities in district contracts without regard to race, gender or disability or other discriminatory bases defined in section 59300. Appropriate efforts may include vendor and service contractor orientation programs related to participating in district contracts or in understanding and complying with the provisions of this subchapter, developing a listing of MBE/WBE/DVBE and other persons or enterprises that are potentially available as contractors or suppliers, or such other activities that may assist interested parties in being considered for participation in district contracts. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code. s 59505. Monitoring Participation. Each district may maintain a certification process that allows it to assess the status of each of its contractors and the actual dollar amount attributable to MBE/WBE/DVBE participation and to non-MBE/WBE/DVBE enterprises in contracts described in this subchapter. Should the monitoring program indicate that disparities exist in the amount of dollars awarded through district contracts than would be expected in a contracting program that provides equal opportunity for participation, the district should assess the circumstances that may contribute to the disparity and implement methods that foster equal opportunity. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code. s 59506. Certification. Note: Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code; Article 1.5, Chapter 1, Part 1, Public Contract Code. s 59508. Enforcement of Contracts and Severability Provision. If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code. s 59509. Monitoring of Participation Goals. Note: Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code.