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(continued)
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. (continued)