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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

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*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. (continued)