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s 58051.5. Reports for Apportionment; Prohibited Classes.
(a) No community college district may claim for purposes of state apportionment any classes:
(1) if the district receives full compensation for direct education costs for the class from any public or private agency, individual or group of individuals; or
(2) if the public or private agency, individual or group of individuals, with whom the district has a contract and/or instructional agreement, has received from other sources full compensation for the direct education costs for the conduct of the class; or
(3) if such classes are not located in facilities clearly identified in such a manner, and established by appropriate procedures, to ensure that attendance in such classes is open to the general public, except that students may be required to meet prerequisites which have been established pursuant to Sections 55002, 55201 and 55202.
(b) For classes that are not fully funded under contracts identified in paragraph (a)(2) and are claimed for apportionment purposes, the community college district shall require the contracting entity to certify that the direct education costs of the activity are not being fully funded through other sources.

Note: Authority cited: Sections 70901 and 84752, Education Code. Reference: Sections 70901 and 84752, Education Code.

s 58051.6. Full-Time Equivalent Student; Adult Education for Inmates of City, County, or City and County Jail, Road Camp, Farm or Federal Correctional Facility.
(a) Notwithstanding sections 58050 and 58051.5(a)(3), the governing board of a community college district that provides classes for inmates of any city, county, or city and county jail, road camp, or farm for adults, or a federal correctional facility may include the units of full-time equivalent student generated in those classes and computed pursuant to section 58003.1, for purposes of state apportionments. However, apportionments for these units, whether generated in credit or noncredit courses, shall be limited to the lesser of either the district's prior year's level of funding or the noncredit apportionment rate as determined by the Chancellor, multiplied by the full-time equivalent student generated in such classes.
(b) Any courses conducted under this section shall conform to the criteria and standards adopted by the Board of Governors under section 70901 of the Education Code, and shall be submitted to the Board of Governors for approval.

Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 84810.5 and 84750, Education Code.

s 58052. Basic Requirement.
The Board of Governors finds that the language quoted in Section 58051(a)(1) is the basic attendance accounting requirement for community colleges, and that the language is intended to promote the following purposes:
(a) To ensure the effectiveness of instruction;
(b) To ensure that state aid is apportioned according to the same standards to all districts;
(c) To ensure the safety of students; and
(d) To ensure that the state, districts, and students receive a reasonable return for monies expended.

Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.

s 58054. Educational Activities Required of Students.

Note: Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 76300, 74805 and 84500, Education Code.

s 58055. Immediate Supervision.
(a) For the purposes of health sciences education programs in community colleges, "immediate supervision" means student participation in such programs wherein the person to whom the student is required to report for training, counseling, or other prescribed activity shares the responsibility for the supervision of the students in clinical activities with academic personnel of the district. In all such cases the person to whom the pupil is required to report and who is not an academic district employee shall possess a valid certificate or license to practice a healing art in California.
(b) For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term "immediate supervision" as used in section 58051 means, in the context of classes conducted at the workplace, student participation in classes instructed by a person who is qualified, by means of education or experience, as a journeyman, and shares the responsibility for supervision of the students participating in the classes with academic personnel of the district.

Note: Authority cited: Sections 67000 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58056. Immediate Supervision and Control.
(a) Subdivision (a)(1) of section 58051 requires, as a condition for claiming attendance for apportionment purposes, the immediate supervision and control of an academic employee authorized to render service in a capacity and during the period in which he or she served. Immediate supervision and control requires the presence of the authorized employee. More specifically, immediate supervision or presence is characterized by all of the following:
(1) The authorized employee is able, in terms of physical proximity and range of communication, to provide immediate instructional supervision and control; and
(2) The authorized employee is in a position to provide the supervision and control necessary for the protection of the health and safety of students; and
(3) The authorized employee is not to have any other assigned duty during the instructional activity for which attendance is being claimed. The criteria specified above are to be applied in recognition of the fact that the need for immediate supervision will vary according to the course being offered, as well as with the design or mode of instruction of such course or program.
(b) Under the following limited circumstances, attendance of students enrolled in a course or program which does not meet the requirements of subdivision (a) shall qualify for apportionment purposes if:
(1) The course or program is approved and being conducted as distance education in accordance with article 3 (commencing with section 55205) of subchapter 1 of chapter 6; or
(2) The course or program is approved and being conducted as independent study in accordance with subchapter 4 (commencing with section 55300) of chapter 6; or
(3) The course or program is approved and being conducted as work experience education in accordance with subchapter 3 (commencing with section 55250) of chapter 6 of this part; or
(4) The course or program is approved and is being conducted as health sciences education in accordance with section 58055(a).
(c) Attendance generated solely under an instructional assistant or aide does not qualify for apportionment. In addition, instructional aides shall not be used to increase the number of students in relation to the number of classroom instructors in the district. However, attendance may qualify for apportionment under the following limited circumstances:
(1) The assistant or aide functions under the exclusive direction of the authorized employee assigned to that educational activity, and not independently; and
(2) The assistant or aide performs only those duties specifically authorized by law, including, but not limited to, sections 88240-88249 of the Education Code; and,
(3) The authorized employee is able, in terms of physical proximity and range of communication, to provide necessary supervision and control of students, so that by working in conjunction with the assistant or aide, the requirements of subsection (a) of this section are met.

Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.

s 58058. Employee of the District.
(a) A person is an "employee of the district" within the meaning of subdivision (a)(1) of Section 58051 if:
(1) The district has the primary right to control and direct the person's activities during the time such person is serving the district; and
(2) A contract exists between the person and the district, indicia of which may include provisions which specify the terms and conditions of work, salary and other compensation, work to be performed, and employment classification; and,
(3) The district compensates the person according to an adopted salary or wage schedule which complies with the provisions of Article 8 (commencing with Section 87801), Chapter 3, Part 51 of the Education Code.
(b) For the purposes of complying with the requirements of this section, a district may also contract for instruction to be provided by a public or private agency. Such contracts shall specify that the district has the primary right to control and direct the activities of the person or persons furnished by the public or private agency during the term of the contract. In addition, the district shall enter into a written contract with each person furnished by the public or private agency; and said contracts shall meet the requirements of subsection (a)(1) and (2) of this section. In this manner an individual employed will continue to be an employee of a public or private agency, while at the same time qualifying as an employee of the district.

Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87801, Education Code.

s 58060. Valid Employment Qualifications.
For the purposes of Sections 58051 and 58056, the employee is deemed authorized to perform the services because he or she is employed pursuant to a valid, unrevoked credential issued by the Board of Governors or pursuant to minimum qualifications adopted by the Board of Governors or equivalencies pursuant to Section 53430.
(a) If the person serves pursuant to a credential,
(1) It must authorize the holder to provide instruction in the particular subject matter or matters; and
(2) It must authorize the holder to provide that instruction during the period in which the holder is providing it.
(b) If the person serves pursuant to minimum qualifications adopted by the Board of Governors or equivalencies, the qualifications or equivalencies must be related to the assignment and effective during the period of instruction for which attendance is being claimed.
(c) For purposes of this section, an employee is deemed authorized to perform the services if he or she is employed as a faculty intern.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 84500 and 87487, Education Code.

s 58100. Open Enrollment.

Note: Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Section 84500 and 84500.1, Education Code.

s 58102. Course Description.
The description of each course shall be clear and understandable to the prospective student and shall be published in the official catalog, and/or schedule of classes, and/or addenda.
A course description may indicate that the course is designed to meet certain specialized needs. If so indicated, the availability of the course to all qualified students must also be affirmed.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.

s 58104. Dissemination of Information.
All courses to be conducted shall be described in the official general catalog and/or addenda and listed in the schedules of classes.
Courses which are established or conducted after publication of the general catalog or regular schedule of classes shall be reasonably well publicized.
Announcements of course offerings shall not be limited to a specialized clientele, nor shall any group or individual receive notice prior to the general public for the purposes of preferential enrollment, limiting accessibility, or exclusion of qualified students.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.

s 58106. Limitations on Enrollment.
In order to be claimed for purposes of state apportionment, all courses shall be open to enrollment by any student who has been admitted to the college, provided that enrollment in specific courses or programs may be limited as follows:
(a) Enrollment may be limited to students meeting prerequisites and corequisites established pursuant to sections 55200-55202,
(b) Enrollment may be limited due to health and safety considerations, facility limitations, faculty workload, the availability of qualified instructors, funding limitations, the constraints of regional planning or legal requirements imposed by statutes, regulations, or contracts. The governing board shall adopt policies identifying any such limitations and requiring fair and equitable procedures for determining who may enroll in affected courses or programs. Such procedures shall be consistent with one or more of the following approaches:
(1) limiting enrollment to a "first-come, first-served" basis or using other nonevaluative selection techniques to determine who may enroll; or
(2) limiting enrollment using a registration procedure authorized by section 58108; or
(3) in the case of intercollegiate competition, honors courses, or public performance courses, allocating available seats to those students judged most qualified; or
(4) limiting enrollment in one or more sections of a course to a cohort of students enrolled in one or more other courses, provided however, that a reasonable percentage of all sections of the course do not have such restrictions; or
(5) with respect to students on probation or subject to dismissal, the governing board may, consistent with the provisions of sections 55754-55755, limit enrollment to a total number of units or to selected courses, or require students to follow a prescribed educational plan.
(c) A student may challenge an enrollment limitation established pursuant to subdivision (b) on any of the following grounds:
(1) the enrollment limitation is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner;
(2) the district is not following its policy on enrollment limitations;
(3) the basis upon which the district has established an enrollment limitation does not in fact exist; or
(4) any other criteria established by the district.
(d) The student shall bear the burden of showing that grounds exists for the challenge. Challenges shall be handled in a timely manner, and if the challenge is upheld, the district shall waive the enrollment limitation with respect to that student.
(e) In the case of a challenge under subdivision (c)(1), the district shall, upon completion of the challenge procedure, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58107. Facilities and Opportunities for Participation.
Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a community college district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58108. Registration and Enrollment Procedures.
Procedures for registration and standards for enrollment in any course shall be only those which are consistent with these and other sections of Title 5 and uniformly administered by appropriately authorized employees of the district.
Except as otherwise provided by state law, no student shall be required to confer or consult with or be required to receive permission to enroll in any class from any person other than those employed by the college in the district.
Students will not be required to participate in any preregistration activity not uniformly required; nor shall the college or district allow anyone to place or enforce nonacademic requisites as barriers to enrollment in or the successful completion of a class.
No registration procedures shall be used that result in restricting enrollment to a specialized clientele.
The following registration procedures are permissible: special registration assistance to the handicapped or disadvantaged student as defined by statute, for the purpose of providing equalization of educational opportunity; and enrollment of students in accordance with a priority system established pursuant to legal authority by the local board of trustees.
With respect to accessibility to off-campus sites and facilities, no student is to be required to make any special effort not required of all students to register in any class or course section. Once enrolled in the class, all students must have equal access to the site.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.

s 58110. Enrollment Limitations.

Note: Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Sections 84500 and 84500.1, Education Code.

s 58120. Conditions for Inclusion as a Day.
(a) For a day to count towards meeting the requirements of section 58142, courses of instruction must be offered for a minimum of three hours during the period of 7 a.m. and 11 p.m.
(b) Notwithstanding subsection (a) of this section, days of final examination may be counted toward meeting the requirements of section 58142, provided that:
(1) such examinations are administered under the immediate supervision and control of an appropriate academic employee of the district; and
(2) not more than fourteen days of final examinations shall be counted for any academic year, as defined by the district.

Note: Authority cited: Sections 70901 and 78401, Education Code. Reference: Section 70901, Education Code.







s 58130. Noncredit Classes in Dancing or Recreational Physical Education; State Aid or Apportionment for Attendance.
No state aid or apportionment may be claimed on account of the attendance of students in noncredit classes in dancing or recreational physical education.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58130.5. Estimate of School Money to Be Apportioned.
The Chancellor shall, not later than the 25th day of July in each year, prepare an estimate of the amount of state school money that will be apportioned to each community college district during the current school year, and furnish a certified copy of the estimate to each community college district.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58131. Second Principal Apportionment.
The Chancellor shall on or before June 25th of each year apportion to each community college district the total amounts allowed to them under section 84850. This apportionment shall be called the second principal apportionment.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58132. Final Apportionment.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58134. Adjustive Apportionment.
If during any fiscal year there is apportioned to a community college district or to any fund from Section B of the State School Fund at least one hundred dollars ($100) more or at least one hundred dollars ($100) less than the amount to which the district or fund was entitled, the Chancellor, not later than the immediate succeeding fiscal year, shall withhold from, or add to the apportionment made during such fiscal year, the amount of such excess or deficiency, as the case may be. Notwithstanding any other provision of this Division to the contrary, excesses withheld or deficiencies added by the Chancellor under this Section shall be added to or allowed from any portion of Section B of the State School Fund.

Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.

s 58136. Authority to Make Adjustive Apportionments or Adjustive Deductions Where Required by a Judgment.
When any judgment has been rendered which requires the apportionment from section B of the State School Fund to any district, to any other agency, or to any fund for any fiscal year of more than the amount actually apportioned thereto during such fiscal year, the difference shall be apportioned to the district, agency, or fund by the Chancellor from Section B of the State School Fund during the fiscal year following that in which the judgment becomes final before any other apportionment from section B of the State School Fund is made. Upon the becoming final of any judgment which requires the apportionment from section B of the State School Fund to any community college district, to any other agency, or to any fund for any fiscal year of difference shall be deducted from the apportionment made to such district, agency, or fund by the Chancellor from section B of the State School Fund during the fiscal year following that in which the judgment becomes final.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58138. Authority to Make Adjustive Apportionments on Inclusion of Additional Full-Time Equivalent Student.
Wherever the attendance of students is not included in the computation of the full-time equivalent student of a community college district for any fiscal year because the person employed by the district to instruct such students did not have the qualifications required for the position during the period of such attendance, the governing board of the district may, upon payment of the salary of such person pursuant to Section 87810 of the Education Code, or similar provisions of law, report such attendance to the Chancellor during the fiscal year in which such salary is paid. Such report shall be made in such form as shall be prescribed and furnished by the Chancellor. Thereafter the Chancellor shall add to the apportionment from the State School Fund to the district during the next succeeding fiscal year or years as determined by him or her but not exceeding three, the additional amount to which the district would have been entitled in the fiscal year next succeeding that in which such attendance was not included in the computation of the full-time equivalent student of the district if such amount is at least one hundred dollars ($100) or more.
Any such additional amount shall be apportioned from the State School Fund before any other apportionment from such fund is made and shall be allowed from any portion of such fund except that portion reserved as allowances for basic state aid.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58139. Criteria for Allocation of Funds.
(a) The Board of Governors, pursuant to direction included in the annual state budget act, has adopted criteria for the allocation of funds to assure that priorities identified in the budget act are implemented.
(b) A cap of two percent (2%) shall be established on district credit full-time equivalent student (FTES) activity that is not related to student needs within the three priority categories (transfer, basic skills, and vocational/workforce training).
(c) Districts shall limit their credit FTES in nonpriority areas to two percent (2%) of total credit FTES.
(d) If the Chancellor determines that a district has generated more than two percent (2%) of its credit FTES in areas outside the priority areas identified in subdivision (b), he or she shall notify the district that it will be subject to a reduction in its general apportionment (including growth for apportionment) to the extent that its full-time equivalent students exceeds the two percent (2%) cap.
(e) The reduction of a district's apportionment pursuant to subdivision (d) of this section, shall be held in abeyance if, within thirty (30) days of receiving notice of the proposed reduction, the district elects to submit to the Chancellor an explanation of how it is complying with the priorities established by this section.
(f) If the explanation is unsatisfactory, the Chancellor shall request the district to prepare a compliance plan within ninety (90) days of the request for the plan. If no plan is submitted, the plan is unsatisfactory or the district fails to adhere to the plan, the Chancellor shall proceed to make the reduction in apportionment to subdivision (d).
(g) For purposes of this section, degree applicable and ESL courses will be presumed to be related to student needs in the priority categories unless the Chancellor receives evidence to the contrary.
(h) This regulation shall be effective beginning with the 2004-05 academic year.
(i) This regulation shall not be effective in any year in which compliance with the priorities set forth in subdivision (b) is not required by the annual state budget act or some other statute.

Note: Authority cited: Section 70901, Education Code. Reference: 2003-2004 Budget Act (Stats. 2003, ch. 157 (AB 1765), Item 6870-101-0001, provision 5(a)).

s 58140. Limitation on District Use of Apportionment.
The governing board of each community college district shall, except as may otherwise be specifically provided by law, use all money apportioned to the district from the State School Fund during any fiscal year exclusively for the support of the school or schools of the district for that year.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58142. Required Time for Maintaining Colleges During Preceding Fiscal Year; Withholding of Apportionment upon Failure to Comply.
(a) No community college district, other than one newly formed, shall, except as otherwise provided in this article, receive its full apportionment from the State School Fund unless it has maintained the colleges of the district for at least 175 days during the next preceding fiscal year.
(b) For the purposes of this article, the Board of Governors shall establish standards to determine whether the districts maintained the colleges of the district for at least 175 days during the next preceding fiscal year.
(c) If a community college district fails to maintain its colleges for the required 175 days, the Board of Governors shall withhold from that district's apportionment the product of 0.01143 times the district's apportionment for each additional day the district would have had to maintain its colleges in order to meet the requirement prescribed by this section. This subdivision shall apply retroactively to fiscal year 1975-76 and each fiscal year thereafter.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58144. Newly Formed District.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58146. District Unable to Maintain School for Prescribed Time; Full-Time Equivalent Student Materially Decreased.
(a) A district which is prevented from maintaining its schools during a fiscal year for at least 175 days because of fire, flood, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue such order to meet an emergency created by war, or because of other extraordinary conditions, or because of the inability to secure or to hold an instructor, or because of the illness of the instructor, where the lack of an instructor would close a college, which fact shall be shown to the satisfaction of the Board of Governors by the affidavits of the members of the governing board of the district, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 175 days.
(b) Where a community college in a district maintaining more than one community college is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in (a), the full-time equivalent student of the community college shall be estimated separately, as provided in (c), and added to the full-time equivalent student of the other community colleges of the district.
(c) Whenever the full-time equivalent student of any district during any fiscal year has been materially decreased during any fiscal year because of:
(1) fire,
(2) flood,
(3) impassable roads,
(4) an epidemic,
(5) the imminence of a major safety hazard as determined by the local law enforcement agency,
(6) a strike involving transportation services to students provided by a nondistrict entity,
(7) the unavailability of classroom facilities leased by the district where the unavailability commences July 1, 2005, or thereafter and is caused by extraordinary factors wholly external to and beyond the control of the district, or
(8) an order provided for in (a). The facts demonstrating the applicability of one of the circumstances described in this subdivision shall be established to the satisfaction of the Chancellor by affidavits of the members of the governing board of the district. The funding workload measures of the district for the fiscal year shall be estimated by the Board of Governors in such manner as to credit to the district from the State School Fund approximately the total which would have been credited to the district had the emergency not occurred or had the order not been issued. The provisions of this section shall apply to any funding workload measure which occurs during any part of a fiscal year.
(d) As a condition to receiving the credit under subdivision (c), the district must demonstrate to the satisfaction of the Chancellor that it made good faith efforts to seek alternate facilities that were unaffected by the circumstances described in subdivision (c).
(e) No credit under subdivision (c) will be allowed for the unavailability of facilities for more than one full term beyond the beginning of the circumstances described in subdivision (c) unless authorized by the Board of Governors.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58148. Lost or Destroyed Records.

Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Section 70901, Education Code.

s 58160. Noncredit Course Funding.
(a) Only those noncredit courses which are eligible for funding pursuant to section 84757 of the Education Code may be claimed for purposes of state apportionments.
(b) The provisions of sections 58050, 58051, 58051.5, 58130 and related provisions of this chapter also apply in determining whether a noncredit course is eligible for funding.

Note: Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 84500 and 84757, Education Code.

s 58161. State Apportionment for Course Repetition.
(a) Except as specifically authorized by statute or by this section, no state apportionment shall be allowed for the attendance of a student in a course in which the student has previously received a grade from the district.
(b) State apportionment may be claimed for the attendance of a student in a course in which the student has received a grade only if:
(1) The student is repeating the course to alleviate substandard work which has been recorded on the student's record. The term "substandard" shall be defined as course work for which the grading symbol "D," "F," "FW," or "N/C" has been recorded; or
(2) The district finds that the student's previous grade is, at least in part, the result of extenuating circumstances. Extenuating circumstances are verified cases of accidents, illness, or other circumstances beyond the control of the student; or
(3) The district has determined that a student should repeat a course because there has been a significant lapse of time since the student previously took the course.
The attendance of students repeating a course as authorized by this subdivision may be claimed only once for state apportionment.
(c) When course repetition is necessary for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment, the district may claim state apportionment each time the student repeats the course.
(d) State apportionment for repetition of courses not expressly authorized by this section may be claimed in accordance with the following procedure:
(1) The district must identify the courses which are to be repeatable, and designate such courses in its catalog.
(2) The district must determine and certify that each identified course is one in which the course content differs each time it is offered, and that the student who repeats it is gaining an expanded educational experience for one of the following reasons:
(A) Skills or proficiencies are enhanced by supervised repetition and practice within class periods; or
(B) Active participatory experience in individual study or group assignments is the basic means by which learning objectives are obtained.
(3) The district must develop and implement a mechanism for the proper monitoring of such repetition.
(4) The attendance of students repeating a course pursuant to this subdivision may be claimed for state apportionment for not more than three semesters or five quarters.

Note: Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code.

s 58162. Intercollegiate Athletics.
(a) State apportionment may be claimed for the attendance of students enrolled in approved courses of intercollegiate athletics otherwise eligible for state assistance.
(b) State apportionment for students in courses of intercollegiate athletics shall not be claimed for more than 175 hours of attendance for each enrolled student in each fiscal year for each sport in which the student participates.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58164. Open Entry/Open Exit Courses.
(a) The term "open entry/open exit courses" refers to courses in which students enroll at various times, and complete at various times or at varying paces. Open entry/open exit courses may be conducted as either credit or noncredit courses and may be offered with or without regularly scheduled hours.
(b) For open entry/open exit courses for which credit apportionment is claimed, one unit of credit shall be awarded for approximately 48 hours of recitation, study, or laboratory work. Increments of less than one unit of credit shall be awarded in the same proportion.
(c) Where an open entry/open exit course provides supplemental learning assistance pursuant to section 58172, which supports another course or courses, the course outline of record for the open entry/open exit course must identify the other course or courses that it supports and the specific learning objectives to be addressed and the educational competencies students are to achieve.
(d) Full-time equivalent student computations for enrollment in open entry/open exit courses shall be made pursuant to the provisions of subsection (e) of section 58003.1.
(e) The maximum number of hours a student may be enrolled in an open entry/open exit course shall be determined by the curriculum committee established pursuant to section 55002 based on the maximum time reasonably needed to achieve the educational objectives of the course.
(f) State apportionment shall not be claimed under this section for:
(1) optional attendance at artistic or cultural presentations or events (such as, but not limited to, films, concerts, plays, or art exhibitions).
(2) activities which are primarily student use of district facilities, equipment, or resources without provision of instruction involving specifically defined learning objectives and educational competencies set forth in the course outline of record.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58166. Field Trips.
(a) State apportionment may be claimed for the attendance of students in courses which include a field trip or excursion pursuant to section 55450.
(b) State apportionment for the attendance of students in courses which include a field trip or excursion shall not be claimed for more than forty-eight hours per unit of credit earned. No more attendance may be claimed for a field trip or excursion than if the class were held on campus.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58168. Tutoring.
Tutoring, when provided by the college, shall be considered a method of instruction that involves a student tutor who has been successful in a particular subject or discipline, or who has demonstrated a particular skill, and who has received specific training in tutoring methods and who assists one or more students in need of special supplemental instruction in the subject or skill. Student attendance in tutoring is eligible for apportionment only in a noncredit course offered under the provisions of Education Code section 84757(a)(2).

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58170. Apportionment for Tutoring.
Apportionment may be claimed for individual student tutoring only if all the following conditions are met:
(a) The individual student tutoring is conducted through a designated learning center.
(b) The designated learning center is supervised by a person who meets the minimum qualifications prescribed by section 53415.
(c) All tutors successfully complete instruction in tutoring methods and the use of appropriate written and mediated instructional materials, including supervised practice tutoring. This requirement may be waived by the chief instructional or student services officer on the basis of advanced degrees or equivalent training. Academic credit and apportionment for coursework in tutoring methods for purposes of this section shall be limited to two semester or three quarter units of credit, or 96 noncredit hours. All tutors shall be approved by a faculty member from the discipline or disciplines in which the student will tutor.
(d) All students receiving individual tutoring have enrolled in a noncredit course carrying Taxonomy of Programs number 4930.09, which is entitled "Supervised Tutoring."
(e) Students enroll in the Supervised Tutoring course, through registration procedures established pursuant to section 58108, after referral by a counselor or an instructor on the basis of an identified learning need.
(f) An attendance accounting method is established which accurately and rigorously monitors positive attendance.
(g) Student tutors may be remunerated but may not be granted academic credit for tutoring beyond that stipulated in (c) above.
(h) The district shall not claim state apportionment for tutoring services for which it is being paid from state categorical funds.

Note: Authority cited: Sections 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87356, Education Code.

s 58172. Learning Assistance.
Attendance for supplemental learning assistance when offered as part of a course may only be reported for state apportionment when either:
(a) the learning assistance is a required component of another course, for all students in that course; or
(b) the learning assistance is optional and is provided through an open entry/open exit course conducted pursuant to subdivision (c) of section 58164, which is intended to strengthen student skills and reinforce student mastery of concepts taught in another course or courses.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58180. Offering Classes Under Flexible Calendar; Approval; Accountability of Employees Under Contract for 175 Days; Activities.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58182. Scheduling Configurations.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58184. Review of District Plans; Approval.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58186. Distribution of Appropriations.

Note: Authority cited: Sections 66700 and 70901, Education Code, Reference: Section 70901, Education Code.

s 58188. Average Daily Attendance Units; Adjustments to Reflect Activities; Computation by Multiplier Factor.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58190. Requirement to Prepare and File Annual Statement.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58191. Proposed Budget; Hearing; Notice; Publication.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58192. "Budget".

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58194. Contents of Budget Report.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58195. Form of Budget Report.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58196. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58198. Effect of Neglect or Refusal to Make a Budget.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58199. District Budget Limitation on Expenditure.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58199.5. Appropriations of Excess Funds and Limitations Thereon.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58200. Program Designation and Participation.
This program shall be designated as the Interstate Attendance Agreement. Participation shall be limited to institutions within states signatory to the Western Interstate Commission for Higher Education.

Note: Authority cited: Section 66804, Education Code. Reference: Chapter 11, (commencing with Section 66800) Part 40, Division 5, Education Code.

s 58202. One-for-One Exchange Basis.
One-for-one exchange basis means the sum total of all California resident full-time equivalent students from all of California Community Colleges who are attending out-of-state public agencies within the WICHE compact and shall be equal to the sum total of all full-time equivalent students from the same states attending California Community Colleges.

Note: Authority cited: Section 66804, Education Code. Reference: Section 66801, Education Code.

s 58204. College Participation.
In order to participate in the program, each college must adopt and direct to the Chancellor a resolution to that effect. The resolution will designate:
(a) Type of program in which the college wishes to participate.
(b) Name of class or program.
(c) Number of student stations available for such participation in each.
(d) Any limitation to participation consistent with terms of the agreement.
(e) Tuition to be charged out-of-state students.

Note: Authority cited: Section 66804, Education Code. Reference: Section 66802, Education Code.

s 58206. Required Certification.
In addition, the resolution will certify that:
(a) All district and state resident students have been provided adequately for in the programs.
(b) Out-of-state students will be subject to the same controls, rules and regulations governing the institution in respect to enrollment, admission, attendance and performances as are resident students.
(c) In the event a curriculum is removed from a list of "specified curricula," students already enrolled in that curriculum shall be allowed to complete their studies under the terms and conditions prevailing at the time of original registration, providing enrollment is continuous.
(d) No additional state funds will be required to carry out the provisions of the agreement.

Note: Authority cited: Section 66804, Education Code. Reference: Sections 66801, 66802 and 66803, Education Code.

s 58210. Reports.
Annual reports will be made to the Chancellor by districts describing and evaluating the operation of their agreements.

Note: Authority cited: Section 66804, Education Code. Reference: Sections 66801 and 66804, Education Code.

s 58300. Requirements to Prepare and File Annual Statement.
On or before the 15th day of September of each year the governing board of each community college district shall prepare and keep on file for public inspection a statement of all receipts and expenditures of the district for the preceding fiscal year and a statement of the estimated total expenses for the district for the current fiscal year.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58301. Proposed Budget; Hearing; Notice; Publication.
The governing board of each district shall hold a public hearing on the proposed budget for the ensuing fiscal year in a district facility, or some other place conveniently accessible to the residents of the district, on or before the 15th day of September but at least three days following availability of the proposed budget for public inspection, at which any resident in the district may appear and object to the proposed budget or any item in the budget.
The hearing may be concluded on the proposed budget when there are no requests for further hearing on file. The budget shall not be finally adopted by the governing board of the district until after the public hearing has been held.
The proposed budget, containing such fiscal information as may be required by the Chancellor, shall be made available by the district for public inspection in a facility of the district or in some other place conveniently accessible to residents of the district, during or before the first week in September.
Notification of dates and location(s) at which the proposed budget may be inspected by the public and date, time, and location of the public hearing on the proposed budget shall be published by the district in a newspaper of general circulation in the district, at least three days prior to the availability of the proposed budget for public inspection. The cost of the publication shall be a legal proper charge against the district for which the publication is made.

Note: Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 70901, Education Code.

s 58302. Budget.
As used in this article, "budget" includes the preliminary budget and the adopted budget of a community college district.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58303. Contents of Budget Report.
The adopted annual financial and budget report of a district shall show, as specified by the Office of the Chancellor, a statement of the proposed expenditures and of the estimated revenues for the ensuing fiscal year, together with a comparison of each item of revenue and expenditure, with the actual revenues and expenditures of the fiscal year just completed. The tentative as well as the published annual financial and budget reports may show estimates where actual figures cannot be determined at the time. The budget shall also include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title I of the Government Code.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58304. Form of Budget Report.
Each annual financial and budget report shall be made in the form prescribed by the Office of the Chancellor. Standard forms shall be prepared to show the budgeting items and comparisons required by this article.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.

s 58305. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget. (continued)