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(continued)

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55322. Availability of Instructor.
The college shall provide access to the instructor for the students enrolled in courses offered pursuant to this subchapter at least equivalent to that commonly available to students enrolled in courses conducted by other instructional methods in addition to regularly scheduled office hours as practiced at that college.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55323. Learning Assistance.

Note: Authority cited: Sections 71020, 78310, 84500 and 84520, Education Code. Reference: Sections 78310, 84500 and 84520, Education Code.

s 55340. Eligibility for State Funds.
In order for attendance in a course of independent study to be eligible for state apportionment pursuant to the provisions of this subchapter, the course must be reported as required by this subchapter, and meet all other requirements of statute and regulation relative to eligibility for state apportionment.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55342. Average Daily Attendance.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55343. Grades Awarded.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55344. Enrollment.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55346. Records.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55348. Supervision.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55350. Instruction.
The instructor assigned to a course conducted pursuant to this subchapter shall:
(a) Be qualified to provide service in that capacity during the period in which that service is rendered;
(b) Be responsible for the supervision, control, and evaluation of the course and the enrolled students;
(c) Provide orientation, guidance, and information regarding course content materials and services for each student as soon as possible subsequent to the student's official enrollment by the college; and
(d) Provide each student with the instructor's consultation schedule for the semester, quarter, or other prescribed term of the course, and this schedule is to be included in the written record.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55352. Number of Students.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.

s 55360. Evaluation Reports.

Note: Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.

s 55370. Definition and Application.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55372. Course Quality Standards.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55374. Course Quality Determinations.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55376. Instructor Contact.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55378. Separate Course Approval.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55380. Faculty Selection.

Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.

s 55400. Definitions.
The definitions provided in the Student Attendance Accounting Manual issued by the Chancellor shall apply to the provisions of this chapter.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55401. Current and Long Range Plans.
The governing board of each community college district shall establish policies for, and approve, current and long range educational plans and programs for each community college which it maintains and for the district as a whole.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55402. Educational Master Plans.
The governing board of each community college district shall submit to the Chancellor an educational master plan for each community college which it maintains and for the district as a whole. Each plan shall be modified and brought up to date annually and shall be submitted to the Chancellor upon his or her request.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55403. Form.
Each plan shall be submitted on a form provided by the Chancellor and shall contain such information as the Chancellor shall require.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55404. Contents.
Each plan shall contain the educational objectives of the community college or district and the future plans for transfer programs, occupational programs, continuing education courses, and remedial and developmental programs. On the basis of current and future enrollment, it shall contain plans for the development and expansion of ancillary services, including services in the library and for counseling, placement, and financial aid.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55405. Review and Approval.
The Chancellor shall review each master plan as he or she considers necessary. Following the submission of each plan requested by the Chancellor, the Chancellor shall send a copy of the plan approval or statement of deficiencies to the chief executive officer of the district.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.

s 55450. Excursions or Field Trips.
The governing board of a community college district may:
(a) Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or college band activities to and from places in the state, or any other state, the District of Columbia, or a foreign country for students enrolled in a college. A field trip or excursion to and from a foreign country may be permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the district's course of study for the students.
(b) Engage instructors, supervisors, and other personnel who desire to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion.
(c) Transport by use of district equipment, contract to provide transportation, or arrange transportation by the use of other equipment, of students, instructors, supervisors or other personnel to and from places in the state, any other state, the District of Columbia, or a foreign country where the excursions and field trips are being conducted; provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, the liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country.
(d) Provide supervision of students involved in field trips or excursions by academic employees of the district.
No student shall be prevented from making the field trip or excursion because of lack of sufficient funds. To this end the governing board shall coordinate efforts of community service groups to supply funds for students in need of them.
No group shall be authorized to take a field trip or excursion authorized by this section if any student who is a member of such an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds.
No expenses of students participating in a field trip or excursion to any other state, the District of Columbia, or a foreign country authorized by this section shall be paid with district funds. Expenses of instructors, chaperons, and other personnel participating in a field trip or excursion authorized by this section may be paid from district funds, and the district may pay from district funds all incidental expenses for the use of district equipment during a field trip or excursion authorized by this section.
The attendance or participation of a student in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportionments from the State School Fund in the fiscal year. Credited attendance resulting from such field trip or excursion shall be limited to the amount of attendance that would have accrued had the students not been engaged in the field trip or excursion. No more contact hours shall be generated by a field trip or excursion than if the class were held on campus.
All persons making the field trip or excursion shall be deemed to have waived all claims against the district or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of students taking out-of-state field trips or excursions shall sign a statement waiving such claims.

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

s 55451. Provision for Medical or Hospital Service for Students.
The governing board of any community college district conducting excursions and field trips pursuant to these regulations shall provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance from an authorized insurer, for students of the district injured while participating in the excursions and field trips under the jurisdiction of, or sponsored or controlled by, the district or the authorities of any college of the district. The cost of the insurance or membership may be paid from the funds of the district, or by the insured student, or his or her parent or guardian.
The insurance may be purchased from, or the membership may be taken in, only companies or corporations that are authorized to do business in this state.

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

s 55500. Scope and Implementation.
(a) This chapter implements and should be read in conjunction with the provisions of the Seymour-Campbell Matriculation Act of 1986, c. 1467, Stats. 1986, codified as Education Code Sections 78210, et seq. The purpose of this chapter is to further equality of educational opportunity and success for all students in the California Community Colleges.
(b) The requirements of this chapter apply only to districts receiving funds pursuant to Education Code Section 78216 for the period of time during which such funds are received. The Chancellor shall, in consultation with districts and other interested parties, adopt a schedule for implementing the provisions of this chapter as expeditiously as possible within the constraints of available funding. The schedule shall be coordinated with the implementation and funding of the systemwide management information system and the accountability mechanisms established pursuant to Education Code Section 71020.5.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 71020.5 and 78210-78218, Education Code.

s 55502. Definitions.
For purposes of this Chapter, the following definitions shall apply:
(a) "Matriculation" means a process that brings a college and a student who enrolls for credit into an agreement for the purpose of realizing the student's educational goal through the college's established programs, policies, and requirements. This agreement is to be implemented by means of the student's individual educational plan developed pursuant to Section 55525.
(b) "Assessment" means the process of gathering information about individual students to facilitate student success. Assessment shall include, but is not limited to, information regarding the student's study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment involves the collection of such information at any time before or after enrollment, except that the process of assigning a grade by an instructor shall not be considered part of the assessment process. Once a grade has been assigned and recorded in a student's transcript, it can be used in the assessment process.
(c) "Assessment instruments, methods, or procedures" means one or more assessment instruments, assessment methods, or assessment procedures, or any combination thereof. These include, but are not limited to, interviews, standardized tests, holistic scoring processes, attitude surveys, vocational or career aptitude and interest inventories, high school or college transcripts, specialized certificates or licenses, educational histories and other measures of performance. The term "assessment instruments, methods, or procedures" also includes assessment procedures such as the identification of test scores which measure particular skill levels, the administrative process by which students are referred for assessment, the manner in which assessment sessions are conducted, manner in which assessment results are made available, and the length of time required before such results are available.
(d) "Pre-collegiate basic skills courses" are those courses in reading, writing, computation, and English as a Second Language which are designated by the community college district as nondegree credit courses pursuant to Section 55002(b).
(e) "Disproportionate impact" occurs when the percentage of persons from a particular racial, ethnic, gender, age or disability group who are directed to a particular service or placement based on an assessment instrument, method, or procedure is significantly different from the representation of that group in the population of persons being assessed, and that discrepancy is not justified by empirical evidence demonstrating that the assessment instrument, method or procedure is a valid and reliable predictor of performance in the relevant educational setting.
(f) "Exemption" means waiving or deferring a student's participation in orientation, assessment, counseling, or advisement required pursuant to Subsections (b),(c), and (f) of Section 55520.
(g) "Matriculation services" are those services listed in Section 55520.
(h) "Matriculation practices" means one or more instruments, methods, or procedures, or any combination thereof, used in providing any of the matriculation services listed in Section 55520.
(i) "Student" means a person enrolled in at lease one credit course.
(j) "Orientation" is a process which acquaints students and potential students with college programs, services, facilities and grounds, academic expectations, and institutional procedures.
(k) "Student follow-up" is the process of monitoring a student's progress toward his or her educational goals and providing the student with appropriate advice based on the results of such monitoring.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78212 and 78213, Education Code.

s 55510. Matriculation Plans.
(a) Each community college district shall adopt a matriculation plan describing the services to be provided to its students. The plan shall include, but not be limited to:
(1) a description of the methods by which required services will be delivered;
(2) the district's budget for matriculation;
(3) plans for faculty and staff development;
(4) computerized information services and institutional research and evaluation necessary to implement this Chapter;
(5) criteria for exempting students from participation in the matriculation process;
(6) procedures for establishing and periodically reviewing prerequisites pursuant to Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of this Division;
(7) procedures for considering student challenges to prerequisites established pursuant to Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of this Division; and
(8) in districts with more than one college, arrangements for coordination by the district of the matriculation plans of its various colleges.
(b) The plan shall be developed through consultation with representatives of the academic senate, students, and staff with appropriate expertise, pursuant to Section 51023 et seq.
(c) Such plans shall conform to the requirements of this Chapter and shall be submitted to the Chancellor for review and approval. Plans submitted prior to the effective date of this Section need not be revised or resubmitted if the Chancellor finds that they meet the requirements of this Chapter. Regardless of when plans are initially submitted, the Chancellor may require periodic updates of such plans.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.

s 55512. Evaluation and Audits.
(a) Each community college district shall establish a program of institutional research for ongoing evaluation of its matriculation process to ensure compliance with the requirements of this subchapter.
As part of this evaluation, all assessment instruments, methods or procedures shall be evaluated to ensure that they minimize or eliminate cultural or linguistic bias and are being used in a valid manner. Based on this evaluation, districts shall determine whether any assessment instrument, method or procedure has a disproportionate impact on particular groups of students described in terms of ethnicity, gender, age or disability, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact. The evaluation shall include, but not be limited to, an analysis of the degree to which the matriculation program:
(1) impacts on particular courses, programs, and facilities;
(2) helps students to define their educational goals;
(3) promotes student success, as evidenced by outcome and retention data such as student persistence, goal attainment, skill improvement, and grades;
(4) assists the district in the assessment of students' educational needs;
(5) matches district resources with students' educational needs; and
(6) provides students with the support services described in section 55520(g).
(b) Each district shall also, as part of its annual financial audit, provide for a review of the revenue and expenditures of the matriculation program.
(c) The Chancellor shall establish a system for evaluation of the matriculation program on a statewide basis, including procedures for monitoring compliance with the requirements of this subchapter.

Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code.

s 55514. Data Collection.
Each community college district shall submit an annual report describing the district's efforts to implement its matriculation plan and expenditures made for that purpose. In this report, or through the established management information system or otherwise, the data to be collected for evaluation purposes pursuant to Education Code section 78214 and section 55512 of this part. Such data shall specifically include, but is not limited to, the information necessary to permit the Chancellor to determine the following:
(a) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who are placed in pre-collegiate, associate-degree applicable, or transfer level courses in reading, writing, computation or English as a Second Language.
(b) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who enter and complete pre-collegiate basic skills courses.
(c) The proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, completing pre-collegiate basic skills courses who subsequently enter and complete courses applicable to the associate degree;
(d) outcome and retention data, as described in section 55512(a), indicating the effectiveness of matriculation;
(e) the basis on which the use of particular assessment instruments, methods or procedures was validated by a district;
(f) the numbers of students exempted, pursuant to section 55532, from participation in the district's matriculation program, by category of exemption;
(g) the number of students filing complaints pursuant to 55534 and the bases of those complaints;
(h) the particular matriculation services, as listed in section 55520, which each student received; and
(i) any other matter the Chancellor, after consultation with community college districts, deems necessary for the effective evaluation of matriculation programs.

Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code.

s 55516. Training and Staff Development.
Each community college district shall develop and implement a program for providing all faculty and staff with training appropriate to their needs on the provision of matriculation services, including but not limited to, the proper purpose, design, evaluation, and use of assessment instruments, methods or procedures, as well as their limitations and possible misuse.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.

s 55518. Funding.
(a) The Chancellor shall adopt a funding formula, consistent with the requirements of this section, for allocating matriculation funds to community college districts complying with the requirements of this chapter.(b) Each dollar of state matriculation funding shall be matched by three dollars of other district resources devoted to the matriculation program.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.

s 55520. Required Services.
At a minimum, each community college district shall provide students, except as exempted pursuant to section 55532, with all of the following matriculation services:
(a) the processing of applications for admission;
(b) orientation and pre-orientation services designed to provide nonexempt students and potential students, on a timely basis, information concerning college procedures and course scheduling, academic expectations, financial assistance, and any other matters the college or district finds appropriate;
(c) assessment for all nonexempt students pursuant to section 55524;
(d) counseling or advisement for nonexempt students pursuant to section 55523;
(e) assistance in developing a student educational plan pursuant to section 55525, which identifies the student's educational objectives and the courses, services, and programs to be used to achieve them;
(f) post enrollment evaluation, pursuant to section 55526, of each student's progress; and
(g) referral of students to:
(1) support services which may be available, including, but not limited to, counseling, financial aid, health services, campus employment placement services, Extended Opportunity Programs and Services, campus child care services, tutorial services, and Disabled Students Programs and Services; and
(2) specialized curriculum offerings including but not limited to, pre-collegiate basic skills courses and programs in English as a Second Language.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.

s 55521. Prohibited Practices.
(a) In implementing matriculation services, community college districts shall not, except as provided in subdivision (b), do any of the following:
(1) use an assessment instrument which has not been approved by the Chancellor pursuant to Section 55524, except that the Chancellor may permit limited field-testing, under specified conditions, of new or alternative assessment instruments, where such instruments are not used for placement and are evaluated only in order to determine whether they should be added to the list of approved instruments;
(2) use any assessment instrument in a manner or for a purpose other than that for which it was developed or has been otherwise validated;
(3) use any single assessment instrument, method or procedure, by itself, for placement, required referral to appropriate services, or subsequent evaluation of any student; provided however that, in the case of assessment instruments, the use of two or more highly correlated instruments does not satisfy the requirement for use of multiple measures;
(4) use any assessment instrument, method or procedure to exclude any person from admission to a community college;
(5) use any assessment instrument, method or procedure for mandatory placement of a student in or exclusion from any particular course or educational program, except that districts may establish appropriate prerequisites pursuant to Sections 55002 and 58106 of Division 9 of this Part; or
(6) use any matriculation practice which has the purpose or effect of subjecting any person to unlawful discrimination prohibited by Chapter 5 (commencing with Section 59300) of Division 10 of this Part.
(b) Notwithstanding the provisions of subdivisions (a)(1) and (2), assessment instruments approved by the Secretary of the United States Department of Education may be used to determine "ability to benefit" in the process of establishing a student's eligibility for federal financial aid pursuant to subdivision (d) of Section 1091 of Title 20 of the United States Code.

Note: Authority cited: Section 11138, Government Code; and Sections 66700 and 70901, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 78211 and 78213, Education Code.

s 55522. Special Accommodations.
Matriculation services for ethnic and language minority students and students with disabilities, shall be appropriate to their needs, and community college districts shall, where necessary, make modifications in the matriculation process or use alternative instruments, methods or procedures to accommodate the needs of such students. Districts may require students requesting such accommodations to provide proof of need. Extended Opportunity Programs and Services (EOPS) and Disabled Students Programs and Services (DSPS) are authorized, consistent with the provisions of subchapter 1 (commencing with section 56000) and subchapter 2.5 (commencing with section 56200) of chapter 7, to provide specialized matriculation services and modified or alternative matriculation services to their respective student populations. Notwithstanding this authorization, participation in the EOPS and DSPS programs is voluntary and no student may be denied necessary accommodations in the assessment process because he or she chooses not to use specialized matriculation services provided by these programs. Modified or alternative matriculation services for limited or non-English-speaking students may be provided in English as a Second Language programs.

Note: Authority cited: Section 11138, Government Code; Sections 66700, 70901 and 78213, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 78211 and 78213, Education Code.

s 55523. Counseling and Advisement.
(a) If not already required to do so by the minimum standards for counseling services set forth in section 51018 of division 1 of this Part, each community college district shall do all of the following:
(1) make reasonable efforts to ensure that all nonexempt students who are on probation participate in counseling as provided in section 55759 of this Part;
(2) make reasonable efforts to ensure that all nonexempt students who have not declared a specific educational goal participate in counseling to assist them in the process of selecting a specified educational goal pursuant to section 55525;
(3) make reasonable efforts to ensure that all nonexempt students who are enrolled in pre-collegiate basic skills courses participate in counseling or advisement; and
(4) make available to all students, as defined in section 55502(i), advisement or counseling on general academic requirements and the selection of specific courses by counselors or appropriately trained instructor/advisors, and/or other appropriately trained staff working in consultation with counselors.
(b) Counseling by appropriately trained counselors or advisement by appropriately trained staff may also be made available in any other area the district deems appropriate, including but not limited to, the interpretation of assessment results and the development of a student's educational plan as required by section 55525.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.

s 55524. Assessment.
The Chancellor shall establish and update, at least annually, a list of approved assessment instruments and guidelines for their use by community college districts. These guidelines shall identify modifications of an assessment instrument or the procedures for its use which may be made in order to provide special accommodations required by section 55522 without separate approval by the Chancellor. Such guidelines shall also describe the procedure by which districts may seek to have assessment instruments approved and added to the list. The Chancellor shall ensure that all assessment instruments included on the list minimize or eliminate cultural or linguistic bias, are normed on the appropriate populations, yield valid and reliable information, identify the learning needs of students, make efficient use of student and staff time, and are otherwise consistent with the educational and psychological testing standards of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education.

Note: Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78213, Education Code.

s 55525. Student Educational Plan.
(a) Each community college district shall establish a process for assisting students to select a specific educational goal within a reasonable time after admission as required by Section 55530 (d). This shall include, but not be limited to, the provision of counseling as required by Section 55523(a)(2).
(b) Once a student has selected a specific educational goal, the district shall afford the student the opportunity to develop a student educational plan describing the responsibilities of the student, the requirements he or she must meet, and the courses, programs, and services required to achieve the stated goal.
(c) The student educational plan developed pursuant to Subsection (b) shall be recorded in written or electronic form. The plan and its implementation shall be reviewed as necessary to ensure that it continues to accurately reflect the needs and goals of the student.
(d) If a student believes the district has failed to make good faith efforts to develop a plan, has failed to provide services specified in the student educational plan, or has otherwise violated the requirements of this Section, the student may file a complaint pursuant to Section 55534 (a).

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.

s 55526. Student Follow-up.
Each community college district shall establish a student follow-up process to assist the student in achieving his/her educational goal. The follow-up system shall ensure that the academic progress of each student is regularly monitored to detect early signs of academic difficulty and students shall be provided with advice or referral to specialized services or curriculum offerings where necessary. Districts shall also identify and refer to counseling or advisement, as appropriate pursuant to section 55523(a), any students who have not declared a specific educational goal as required by section 55530, who are enrolled in pre-collegiate basic skills courses, or who have been placed on probation.

Note: Authority cited: Sections 66700 and 70901, Educational Code. Reference: Section 78212, Education Code.

s 55530. Student Rights and Responsibilities.
(a) Nothing in this subchapter shall be construed to interfere with the right of a student admitted to a community college in accord with district admission policies adopted pursuant to Education Code sections 76000, et seq. to enroll in any course for which he or she can meet necessary and appropriate prerequisites, if any, which have been established pursuant to the requirements of article 2.5 (commencing with section 55200) of subchapter 1 of chapter 6.
(b) Community college districts shall take steps to ensure that information is available in written form to all students during or prior to enrollment (e.g., during orientation) and is included in class schedules, catalogs or other appropriate publications, describing their rights and responsibilities under this subchapter.
(c) Districts shall also take steps to ensure that the matriculation process is efficient so that students are not discouraged from participating in college programs. Whenever possible, students should be permitted to avoid additional testing by submitting scores on recently taken tests that correlate with those used by the district.
(d) Students shall be required to express at least a broad educational intent upon admission; declare a specific educational goal within a reasonable period after admission; participate in counseling or advisement pursuant to section 55523(a)(1), (2), and (3); diligently attend class and complete assigned coursework; and complete courses and maintain progress toward an educational goal according to standards established by the district, consistent with the requirements of subchapter 9 (commencing with section 55750) of Chapter 6. The governing board of each community college district shall adopt clear written policies not inconsistent with law, specifically defining these responsibilities of students and the consequences of failure to fulfill such responsibilities. This policy shall define the period of time within which a student must identify a specific educational goal as required by this subdivision, provided however, that all students shall be required to declare such a goal during the term after which the student completes 15 semester units or 22 quarter units of degree-applicable credit course work, unless the district policy establishes a shorter period. Once the student has developed a specific educational goal, the district must provide the student with an opportunity to develop a student educational plan pursuant to section 55525. Student responsibilities shall also be identified in the student's educational plan developed pursuant to section 55525. If a student fails to fulfill the responsibilities listed in this subdivision, fails to cooperate with the district in the development of a student educational plan within 90 days after declaring his or her specific educational goal, or fails to abide by the terms of his or her student educational plan, the district may, subject to the requirements of this subchapter, suspend or terminate the provision of services authorized in section 55520, provided however, that nothing in this section shall be construed to permit a district to suspend or terminate any service to which a student is otherwise entitled under any other provision of law.
(e) Information obtained from the matriculation process shall be considered student records and shall be subject to the requirements of subchapter 6 (commencing with section 54600) of chapter 5.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 76000, 76001 and 78212, Education Code.

s 55532. Exemptions.
(a) Community college districts may elect to exempt certain students from participation in orientation, assessment, counseling or advisement, as required by subsections (b), (c), or (d) of section 55520. Each such district shall establish policies specifying the grounds for exemption. Such policies shall be identified in the matriculation plan required under section 55510 and the number of students so exempted shall be reported, by category, to the Chancellor pursuant to section 55514.
(b) District policies may exempt from orientation, assessment, counseling, or advisement any student who; has completed a associate degree or higher.
(c) Any student exempted pursuant to this section shall be notified that he or she is covered by an exemption and shall be given the opportunity to choose whether or not to participate in that part of the matriculation process.
(d) District policies may not use any of the following as the sole criterion for exempting any student who does not wish to participate:
(1) the student has enrolled only in evening classes;
(2) the student has enrolled in fewer than some specified number of units;
(3) the student is undecided about his or her educational objectives; or
(4) the student does not intend to earn a degree or certificate.
(e) As part of the statewide evaluation provided for under subsection (c) of section 55512, the Chancellor shall analyze and recommend necessary changes regarding the impact on the matriculation program of the exemption policies adopted by community college districts.

Note: Authority cited: Sections 66700, 70901, and 78215, Education Code.Reference: Section 78215, Education Code.

s 55534. Violations, Waivers and Appeals.
(a) Each community college district shall establish written procedures by which students may challenge any alleged violation of the provisions of this subchapter. Districts shall investigate and attempt to resolve any such complaints in a timely manner. Such complaint procedures may be consolidated with existing student grievance procedures by action of the governing board. Records of all such complaints shall be retained for at least three years after the complaint has been resolved and shall be subject to review by the Chancellor as part of the statewide evaluation required under section 55512(c).
(b) When a challenge contains an allegation that a community college district has violated the provisions of section 55521(a)(6), the district shall, upon completion of the challenge procedure established pursuant to this section, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327.

Note: Authority cited: Section 11138, Government Code; Sections 66700 and 70901, Education Code. Reference: Sections 11135-11139.5, Government Code; Sections 78211 and 78213, Education Code.

s 55600. Definitions.
For the purposes of this subchapter the following definitions apply:
(a) "Vocational education contract" means a written agreement between any community college district and a contractor which meets standards prescribed herein to provide vocational instruction to students enrolled in community colleges. Such agreements shall also be required to comply with the provisions of article 5 (commencing with section 8090) of chapter 1, part 6 of the Education Code.
(b) "The California State Plan for Vocational Education" means an official agreement between the United States Commissioner of Education and the California State Board of Education which provides standards, policies, and procedures that shall apply to the operation of various phases of vocational education to qualify for financial support from the Education Amendments of 1976 (Public Law 94-482 and 95-40), part A, Vocational Education, or any subsequent federal legislation.
(c) "Contractor" as used in section 55602 means any private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700), and which has been in operation not less than two (2) full calendar years prior to the effective date of the contract, to provide vocational skill training authorized by the Education Code and this subchapter.
(d) "Eligible costs" means all direct and indirect related instructional costs but does not include expenditures for capital outlay (6000 category in the California Community Colleges Budget and Accounting Manual).
(e) "Public or private postsecondary educational institution in a neighboring state that borders on the district boundary" for purposes of Education Code section 8092.5 means a public or private institution which:
(1) is located in a neighboring state that borders on the district boundary; and
(2) is a contractor under subdivision (c); or
(3) a private postsecondary school that meets standards established by the Chancellor.
(f) "Qualified faculty of the district" for purposes of section 55630(e) may include persons who have entered into contracts with the district pursuant to section 58058(b).

Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code.

s 55601. Appointment of Vocational Education Advisory Committee by School District Participating in Vocational Education Program.
The governing board of each community college district participating in a vocational education program shall appoint a vocational education advisory committee to develop recommendations on the program and to provide liaison between the district and potential employers.
The committee shall consist of one or more representative of the general public knowledgeable about the disadvantaged, students, teachers, business, industry, school administration, and the field office of the Department of Employment Development.

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

s 55602. Authority to Contract.
(a) Any community college district or districts may contract with a private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700) or described in Education Code section 8092.5 and which has been in operation not less than two full calendar years prior to the effective date of such contract to provide vocational skill training authorized by the Education Code and this subchapter. Any community college district may contract with an activity center, work activity center, or sheltered workshop to provide vocational skill training authorized by the Education Code in any adult education program for substantially handicapped persons operated pursuant to section 41976(a)(5) of the Education Code.
(b) All contracts between a community college district and a private postsecondary school entered into pursuant to this section, or an activity center, work center, or sheltered workshop shall do all of the following:
(1) Be approved by the Chancellor.
(2) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the community colleges or the tuition the private postsecondary school charges its private students, whichever is lower.
(3) Provide that the community college students receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the community college district for the purposes of apportionments from the State School Fund.
(4) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Vocational Education, or is a course of study for adult schools approved by the Department of Education under section 51056 of the Education Code.
(c) Meet the standards described in section 55620.
(d) Include the terms and conditions described in section 55630.
(e) The students who attend a private postsecondary school or an activity center, work activity center or sheltered workshop pursuant to a contract under this section shall be enrollees of the community college and the vocational instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting community college district. The Chancellor may audit the accounts of both the district and the private party involved in these contracts to the extent necessary to assure the integrity of the public funds involved.

Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Part 6, Division 1, Section 70901 and Chapter 7 (commencing with Section 94700) of Part 59, Division 10, Education Code.

s 55602.5. Contracts for Vocational Education for Students with Impaired Physical Capacity.
Notwithstanding any provision in the Education Code to the contrary, the governing board of a community college district and a proprietary or nonprofit organization, a public entity, or a proprietary or nonprofit private corporation may enter into a contract for the education of community college students whose capacity to function is impaired by physical deficiency or injury in vocational education classes to be conducted for such students by the proprietary or nonprofit organization, the public entity, or the proprietary or nonprofit private corporation maintaining the vocational education classes. All instruction pursuant to this Section shall be approved of and supervised by the governing board of the community college district and shall be conducted by academic employees. The full-time equivalent student of such community college students attending classes under the provisions of this Section shall be credited to the community college district, and college credit may be granted to students who satisfactorily complete the course of instruction in such classes.

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

s 55603. Instructional Purpose.
Contractors shall provide vocational, technical, and occupational instruction related to attainment of skills, knowledge, and attitudes so that students may be prepared for:
(a) Gainful employment in the occupational area for which training was provided, or
(b) Occupational upgrading so students will have higher level skills required by new and changing technology and employment practices, or
(c) Enrollment in more advanced training programs.

Note: Authority cited: Sections 8092, 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code.

s 55604. Application for Approval.

Note: Authority cited: Sections 8092, 71020, 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code.

s 55605. Contract Approval and Limitations.
Vocational education contracts entered into pursuant to section 55602 shall:
(a) Not exceed one year;
(b) Be approved by the Chancellor;
(c) Include such details to explainand justify intended offerings. (continued)