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(d) Be maintained in conformity with applicable provisions of the Education Code, title 5 of the California Code of Regulations, the California Community Colleges Budget and Accounting Manual, and the California State Plan for Vocational Education; and
(e) Be organized and administered by community college districts in such a manner that there will be separate accounts for all income and expenditures applicable to the contract.
Note: Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Article 5 (commencing with Section 8090), Chapter 1, Part 6, Division 1, Title 1, and Section 70901, Education Code.
s 55606. Administration.
s 55607. Reporting.
All records related to district income and expenditures applicable to contracts with a contractor pursuant to section 55602 shall be made available for audit by the state or federal government and will be retained for five (5) years or one year after audited, whichever comes first.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Article 5 (commencing with section 8090), of chapter 1, part 6, division 1, title 1, Education Code.
s 55608. Accounting Procedure.
s 55620. Standards.
The following conditions shall be used to determine the appropriateness of vocational education contracts with contractors:
(a) Manpower needs and job opportunities are identified and established for the instruction program.
(b) The program or courses do not unnecessarily duplicate offerings available in the region served.
(c) The program or courses provide vocational education opportunities not otherwise available.
(d) The programs or courses shall not reduce or supplant the vocational education efforts of any district.
(e) Eligible costs shall not exceed the same cost to provide the same training in the public entity or the tuition the private postsecondary school charges its private students, whichever is lower.
(f) The community college student may not be charged additional tuition for any training included in the contract.
(g) Each student eligible for enrollment under a contract between a community college district and a contractor must: (1) have reached his or her sixteenth birthday and (2) be enrolled in a community college.
(h) The contractor must be accredited by an accrediting agency recognized by the United States Office of Education or conform to guidelines on contractual relationships with nonaccredited organizations established by the agency accrediting the community college.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code.
s 55630. Terms and Conditions.
Each contract shall expressly include but not be limited to, the following provisions:
(a) The governing board of the community college district has determined, by resolution, the appropriateness of offering the program through a contract with a contractor pursuant to Education Code section 78015.
(b) Methods for identifying eligible costs and payment procedures for compliance with section 55602 subdivisions (b)(2) and (b)(3).
(c) Procedures, terms and conditions relating to (1) enrollment period; (2) transfer of students between the community college district and contractor; (3) number of class hours sufficient to meet the stated performance objectives; (4) supervision and evaluation of students; and (5) withdrawal of students prior to completion of a course or program.
(d) The contractor and the community college district will insure that ancillary and support services are provided for the students including, but not limited to (1) counseling and guidance, and (2) placement assistance.
(e) Instruction provided under the immediate supervision and control of qualified faculty of the district.
(f) Performance objectives for each instructional area and a report regarding accomplishment of the objectives at the end of each contract period.
(g) Designation of responsibility to the contractor for maintaining records of student attendance and achievement. Such records shall be available for review at all times and submitted on a schedule developed by the community college district.
(h) Terms and conditions relating to cancellation and termination of the contract.
(i) The contractor is in compliance with title VI and title VII of the Civil Rights Act of 1964 (42 U.S.C. ss 2000d et seq. and 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. ss 1681 et seq.), section 504 of the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. s 794), the Americans with Disabilities Act of 1990 (42 U.S.C. s 12101 et seq.), the Age Discrimination Act (42 U.S.C. s 6101), the U.S. Presidential Executive Order 11246 and subsequent amendments (if applicable), California Fair Employment and Housing Act (Government Code ss 12900 et seq.), the California Unruh Civil Rights Act (Civil Code ss 51-53) and all applicable state and federal health and safety regulations.
(j) The contractor provides, when required by law and at the contractor's own expense, workers' compensation insurance coverage for any student.
(k) The contractor provides indemnity and defense for the state and the community college district and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense shall be provided by an appropriate hold harmless clause and a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the Board of Governors of the California Community Colleges, the State and the community college district, along with their respective officers and employees as additional insureds.
(l) Minimum qualifications established by subchapter 4 (commencing with section 53400) of chapter 4 apply to persons who provide instruction under contracts entered into pursuant to Education Code section 8092.5, except that a district contracting for instruction under section 58058(b) may substitute a valid certificate to work or a license to practice in the neighboring state for a certificate to work or license to practice in California under section 53417.
Note: Authority cited: Sections 8090, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code.
s 55631. Terms and Conditions.
Note: Authority cited: Sections 71020, 8092, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code.
s 55650. Regulations Reference.
Note: Authority cited: Section 8023, Education Code. Reference: Article 2, Chapter 1 (commencing with Section 8020), Division 1, Education Code.
s 55675. Regulations Reference.
Pursuant to the authority vested by section 3074 of the Labor Code, the State Board of Education, the Board of Governors of the California Community Colleges and the Division of Apprenticeship Standards have jointly issued regulations regarding excess costs to be borne by program sponsors. These regulations are set forth in article 10 (commencing with section 235) of subchapter 1 of chapter 2, division 1 of title 8, California Code of Regulations, and shall govern the calculation and payment of excess costs of apprenticeship classes which are maintained in connection with community colleges.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 3074, Labor Code.
s 55700. Scope.
The provisions of this article pertain to changes made on or after July 1, 1982, to any traditional academic year calendar consisting of at least 175 days of instruction and evaluation. The conversion to a flexible calendar operation is not addressed by the provisions of this article; rather, the provisions of article 2 (commencing with section 55720) govern the flexible calendar option.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55700.1. Studies on a Quarter System, Trimester Basis or Flexible Calendar.
At the request of a community college district, the Chancellor may approve a program of studies on a quarter system or a trimester basis, or a flexible calendar.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55701. College and Academic Year.
The "college year" begins on the first day of July and ends on the last day of June. The "academic year" means that portion of the college year during which the community college is maintained, which period shall include not less than the number of days required by regulations adopted by the Board of Governors.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55702. Approval of Changes.
(a) Prior to any change in academic year configuration, including the addition, deletion, shortening or lengthening of any term, the governing board of a district shall obtain the approval of the Chancellor.
(b) Requests for approval shall be made on a form provided by the Chancellor, and shall address:
(1) A complete description of the calendar configuration;
(2) The district's ability to comply with the 175-Day Rule as provided in section 58142; and
(3) The educational implications, positive and negative, of the proposed change.
(c) The Chancellor shall approve a requested change in academic year terms if it is found that:
(1) The state aid implications of the requested change have been addressed; and
(2) The district will be able to comply with the 175-Day Rule; and
(3) The change in configuration is consistent with the continued delivery of quality education.
Note: Authority cited: Sections 66700, 70901, and 84890, Education Code. Reference: Section 84890, Education Code.
s 55720. Offering Classes Under Flexible Calendar; Accountability of Employees Under Contract for 175 Days; Activities.
(a) Subject to the approval of the Chancellor pursuant to section 55724, a community college district may designate an amount of time in each fiscal year for employees to conduct staff, student, and instructional improvement activities. These activities may be conducted at any time during the fiscal year. The time designated for these activities shall be known as "flexible time."
(b) A district with an approved flexible calendar may designate as flexible time for an employee not more than 8.57 percent of that employee's contractual obligation for hours of classroom instruction which are eligible for state apportionments in that academic year, exclusive of any intersessions.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code.
s 55722. Schedule Configurations.
A flexible calendar is a community college calendar and course scheduling plan pursuant to Section 84890 of the Education Code and Section 55720 of this Part which may include, but is not limited to, the following scheduling configurations:
(a) 4-1-4 calendar comprised of two 16-week semesters with an intersession;
(b) traditional semester or quarters with some or all courses scheduled irregularly with respect to the number of times the course meets per week or the number of hours the courses meet during the scheduled days;
(c) modular scheduling for all or part of the courses within the traditional semester, quarter, or academic year;
(d) courses scheduled for student enrollment on an open entry-open exit basis:
(e) courses scheduled independently of any term configuration; or
(f) a combination of any one or more of the configurations in subdivisions (a) through (e).
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code.
s 55724. Request for Approval.
(a) The governing board of a district wishing to conduct a flexible calendar pursuant to this article shall obtain the advance approval of the Chancellor. The request for approval shall be on a form provided by the Chancellor, and shall address at least the following:
(1) A complete description of the calendar configuration.
(2) The number of days of instruction and evaluation which will meet the requirements of the 175-Day Rule (Section 58120 of this part).
(3) The number of days during which instructional staff will participate in staff, student, and instructional improvement activities in lieu of part of regular classroom instruction.
(4) The activities which college personnel will be engaged in during their designated staff, student and instructional improvement days. Activities for college personnel may also include, but need not be limited to, the following:
(A) course instruction and evaluation;
(B) staff development, in-service training and instructional improvement.
(C) program and course curriculum or learning resource development and evaluation;
(D) student personnel services;
(E) learning resource services;
(F) related activities, such as student advising, guidance, orientation, matriculation services, and student, faculty, and staff diversity;
(G) departmental or division meetings, conferences and workshops, and institutional research;
(H) other duties as assigned by the district;
(I) the necessary supporting activities for the above;
(5) A certification that all college personnel, as defined, will be involved in at least one of the activities authorized in subsection (4). For the purposes of this section, "all college personnel" shall include any district employee specified by the district in its approved plan to participate in such activities; and
(6) A certification that the district will fully implement the provisions of Section 55730, as well as a description of the current status of such implementation, and a timetable for completion of the initial implementation.
(b) The Chancellor shall approve a request which is found to be complete and meets the requirements of law.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
s 55726. Activities During Designated Days.
(a) For each instructor specified by the district to participate in staff, student, and instructional improvement activities in lieu of classroom instruction the district shall enter into an agreement with such employee specifying the particular activities during the designated days which the instructor will perform in lieu of classroom instruction. The agreement shall also specify the number of classroom hours which are being substituted with such activities, and the number of hours the instructor is required to spend carrying out the in-lieu-of instruction activities. The required hours of in-lieu-of instruction activities must at least be equal to the sum of the classroom hours from which the instructor is released plus those out-of-classroom hours of responsibilities which will no longer need to be performed as the result of being released from classroom instruction.
(b) For each employee specified by the district to participate in staff, student and instructional improvement activities during the designated days the district shall also maintain records on the type and number of activities assigned, and the number of such employees participating in these activities.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
s 55728. Flexible Calendar Attendance Reporting.
(a) On forms provided by the Chancellor, districts with approved flexible calendar operations shall report at least the following:
(1) the total hours of classroom assignments (teaching time) which instructors specified in the district's approved plan were required to teach;
(2) of the total in Subsection (a)(1), the total faculty contact hours of instruction for which staff, student, and instructional improvement activities are being substituted. This total of faculty contact hours shall further be reported in terms of credit and noncredit faculty contact hours of instruction; and
(3) the number of faculty contact hours of instruction for which instruction during the designated days is being substituted. Such instruction during the designated days meeting the attendance accounting standards may be claimed for apportionment; and the faculty contact hours shall not be eligible for adjustment pursuant to Section 55729.
(b) Districts with approved flexible calendar operations shall also report such additional data as deemed necessary by the Chancellor including any data necessary to compute the FTES adjustment specified in Section 55729.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
s 55729. Full-Time Equivalent Student (FTES) Units; Adjustments to Reflect Activities; Computation by Multiplier Factor.
(a) The Chancellor's Office shall adjust the actual units of full-time equivalent student of a district operating under a plan approved in accordance with this article to reflect the conduct of staff, student, and instructional improvement activities in lieu of scheduled instruction during flexible time. The adjusted units of full-time equivalent student shall be computed by multiplying the actual units of full-time equivalent student in the academic year, exclusive of any intersessions, computed pursuant to section 58003.1, by a factor which does not change the full-time equivalent student which would have otherwise been generated if the time for the improvement activities had not been permitted and scheduled instruction had instead taken place.
(b) For courses other than those described in subdivision (b) of section 58003.1, the multiplier factor shall equal the sum of the following:
(1) 1.0; and
(2) the total of all the actual hours of flexible time of all instructors pursuant to section 55720 in the fiscal year, divided by the total of all the actual hours of classroom instruction of all instructors in the academic year, exclusive of any intersessions.
(c) For those courses described in subdivision (b) of section 58003.1, this multiplier factor shall equal the term length multiplier applicable to the district.
(d) The Chancellor shall also withhold the appropriate amount of state aid whenever there is a final audit finding that an instructor did not spend at least as much time performing staff, student, and instructional improvement activities as the amount of time he or she was released from classroom instruction.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55730. Ongoing Responsibilities of Districts.
A district conducting an approved flexible calendar shall do all of the following to ensure effective use of resources during flex days:
(a) conduct and annually update a survey of the most critical staff, student, and instructional improvement needs in the district;
(b) develop and carry out a plan of activities to address the critical needs;
(c) maintain records on the description, type and number of activities scheduled and the number of district employees and students participating in these activities;
(d) evaluate annually the effectiveness of conducted activities and update the plan to reflect needed changes;
(e) appoint and hold regular meetings of an advisory committee composed of faculty, students, administrators and other interested persons to make recommendations on staff, student, and instructional improvement activities; and
(f) provide, upon request of the Chancellor, copies of documents and information specified in Subsections (a) through (d), inclusive.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
s 55732. Ongoing Responsibilities of the Chancellor.
The Chancellor shall:
(a) Adjust state aid for districts with approved flexible calendar operations in accordance with the provisions of section 55729 of this Part;
(b) Periodically review documentation from selected districts to determine whether they are in compliance with the provisions of sections 55726, 55728, and 55730, and to determine whether they are conducting their flexible calendar operations in a manner consistent with the approved requests. Districts which are found to be out of compliance shall be notified and be given an opportunity to respond; and
(c) Terminate approval of any flexible calendar operation if it is found that the district has, without good cause:
(1) failed to conduct its flexible calendar operation in a manner consistent with its approved request;
(2) failed to carry out the responsibilities specified in section 55726; or
(3) failed to meet its ongoing responsibilities as specified in section 55730.
Note: Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
s 55750. Regulations.
The governing board of a district maintaining a community college shall adopt regulations consistent with this chapter. The regulations shall be published in the college catalog under appropriate headings and filed with the Chancellor's Office as required by section 51002 of this part.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55751. Grading Practices.
Each governing board maintaining one or more community colleges shall determine a uniform grading practice for the district which shall be based on sound academic principles and conform to the following standards:
(a) Work in all courses acceptable in fulfillment of the requirements for an associate or baccalaureate degree, a certificate, diploma or license shall be graded in accordance with a grading scale adopted by the governing board consistent with section 55758.
(b) Such work shall also be graded in accordance with the provisions of section 55752 or section 55753.
Note: Authority cited: Sections 66700, 70901, 71020, and 71024, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55752. Credit-No Credit Options.
(a) The governing board of a district maintaining a community college may by resolution and regulation offer courses in either or both of the following categories and shall specify in its catalog the category into which each course falls:
(1) Courses wherein all students are evaluated on a "credit-no credit" basis.
(2) Courses wherein each student may elect on registration, or no later than the end of the first 30% of the term, whether the basis of evaluation is to be "credit-no credit" or a letter grade.
(b) All units earned on a "credit-no credit" basis in accredited California institutions of higher education or equivalent out-of-state institutions shall be counted in satisfaction of community college curriculum requirements.
(c) Units earned on a "credit-no credit" basis shall not be used to calculate grade point averages. However, units attempted for which "NC" (as defined in section 55758) is recorded shall be considered in probation and dismissal procedures.
(d) Independent study courses offered in accordance with sections 55300-55352 of this part may be graded on a "credit-no credit" basis in accordance with subdivision (a) of this section.
(e) When a district offers courses in which there is a single standard of performance for which unit credit is assigned, the "CR/NC" grading system shall be used to the exclusion of other grades. Credit shall be assigned for meeting that standard, no credit for failure to do so.
Note: Authority cited: Sections 70901 and 71020, Education Code. Reference: Section 70901, Education Code.
s 55753. Credit by Examination.
(a) The governing board of each community college district shall adopt and publish procedures and regulations pertaining to credit by examination in accordance with the provisions of this Subchapter.
(b) The governing board may grant credit to any student who satisfactorily passes an examination approved or conducted by proper authorities of the college. Such credit may be granted only to a student who is registered at the college and in good standing and only for a course listed in the catalog of the community college.
(c) The nature and content of the examination shall be determined solely by faculty in the discipline that normally teaches the course for which credit is to be granted in accordance with policies and procedures approved by the curriculum committee established pursuant to Section 55002. The faculty shall determine that the examination adequately measures mastery of the course content as set forth in the outline of record. The faculty may accept an examination conducted at a location other than the community college for this purpose.
(d) A separate examination shall be conducted for each course for which credit is to be granted. Credit may be awarded for prior experience or prior learning only in terms of individually identified courses for which examinations are conducted pursuant to this section.
(e) The student's academic record shall be clearly annotated to reflect that credit was earned by examination.
(f) Grading shall be according to the regular grading scale approved by the governing board pursuant to Section 55758, except that students shall be offered a credit-no credit option if that option is ordinarily available for the course.
(g) Units for which credit is given pursuant to the provisions of this section shall not be counted in determining the 12 semester hours of credit in residence required for an associate degree.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55753.5. Articulation of High School Courses.
(a) For purposes of this section, the term "articulated high school course" means a high school course or courses that the faculty in the appropriate discipline, using policies and procedures approved by the curriculum committee established pursuant to section 55002, have determined to be comparable to a specific community college course.
(b) The governing board of a community college district may adopt policies to permit articulated high school courses to be applied to community college requirements in accordance with this section. Articulated high school courses may be accepted in lieu of comparable community college courses to partially satisfy:
(1) requirements for a certificate program, including the total number of units required for the certificate; or,
(2) the major requirements in a degree program.
(c) Articulated high school courses used to partially satisfy certificate or major requirements shall be clearly noted as such on the student's academic record. Notations of community college course credit shall be made only if community college courses are successfully completed or if credit is earned via credit by examination.
(d) Except through credit by examination, as defined in section 55753, high school courses may not be used to satisfy:
(1) the requirement of section 55806 that students complete at least 60 semester or 90 quarter units in order to receive an associate degree; or,
(2) any general education requirement for the associate degree established by the district.
(e) All community college district-high school articulation agreements shall be subject to the provisions of this section. However, any student who, prior to the date this section takes effect, has successfully completed a high school course articulated under the terms of a previous agreement shall be permitted to apply the credit so earned according to the terms of the previous agreement.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
s 55753.7. Advanced Placement Examinations.
The governing board of a community college district may adopt policies to grant credit for satisfactory completion of advanced placement examinations typically recognized by colleges and universities as measuring competencies comparable to those achieved in baccalaureate level courses.
The faculty in the appropriate discipline must approve advanced placement examinations, scores deemed to constitute satisfactory performance, courses offered by the college for which credit will be granted, and requirements that may be met by such examinations in accordance with policies and procedures approved by the curriculum committee established pursuant to section 55002.
The student's academic record shall be clearly annotated to reflect that credit was earned through an advanced placement examination.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
s 55754. Standards for Probation.
(a) Academic probation. A student who has attempted at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on academic probation if the student has earned a grade point average below 2.0 in all units which were graded on the basis of the grading scale described in section 55758.
(b) Progress probation. A student who has enrolled in a total of at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on progress probation when the percentage of all units in which a student has enrolled and for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded reaches or exceeds fifty percent (50%).
(c) The governing board of a community college district may adopt standards for probation not lower than those standards specified in subsections (a) and (b) of this section. Specifically:
(1) A district may establish, as the minimum number of units before academic or progress probation is assessed, a number of units fewer than 12 semester or 18 quarter units; or
(2) A district may establish, as the minimum grade point average for academic probation purposes, a grade point average greater than 2.0; or
(3) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%).
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55755. Removal from Probation.
(a) A student on academic probation for a grade point deficiency shall be removed from probation when the student's accumulated grade point average is 2.0 or higher.
(b) A student on progress probation because of an excess of units for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded shall be removed from probation when the percentage of units in this category drops below fifty percent (50%).
(c) The governing board of a district shall adopt and publish procedures and conditions for probation and appeal of probation and request for removal from probation. Such procedures and conditions may establish standards not lower than those standards specified in subsections (a) and (b) of this section. Specifically:
(1) A district may establish, as a minimum grade point average for removal from academic probation, a grade point average greater than 2.0; or
(2) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%).
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55756. Standards for Dismissal.
For purposes of this section, semesters or quarters shall be considered consecutive on the basis of the student's enrollment (i.e., a fall quarter followed by a spring quarter shall be considered consecutive if the student was not enrolled in the winter quarter of that academic year).
(a) A student who is on academic probation shall be subject to dismissal if the student earned a cumulative grade point average of less than 1.75 in all units attempted in each of 3 consecutive semesters (5 consecutive quarters) which were graded on the basis of the grading scale described in section 55758.
(b) A student who has been placed on progress probation shall be subject to dismissal if the percentage of units in which the student has been enrolled for which entries of "W," "I," and "NC" (as defined in section 55758) are recorded in at least 3 consecutive semesters (5 consecutive quarters) reaches or exceeds fifty percent (50%) in accordance with section 55754.
(c) The governing board of a district shall adopt and publish procedures and conditions for dismissal and appeal of dismissal and request for reinstatement. Such procedures and conditions may establish standards not lower than the standards specified in subsections (a) and (b) of this section. Specifically:
(1) A district may establish, as the minimum cumulative grade point average for dismissal purposes, a grade point average greater than 1.75; or
(2) A district may establish, as the minimum percentage of units of "W," "I," and "NC," a percentage less than fifty percent (50%), or
(3) A district may establish, as a minimum number of consecutive semesters or quarters, a number fewer than 3 consecutive semesters or 5 consecutive quarters.
(d) The district board shall adopt rules setting forth the circumstances that shall warrant exceptions to the standards for dismissal herein set forth and shall file a copy of such rules with the Chancellor.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55756.5. Remedial Coursework Limit.
(a) This section implements and should be read in conjunction with the provisions of section 68 of chapter 973 of the Statutes of 1988, relating to the establishment of a limit on the amount of remedial coursework community college students may take. For the purposes of this section, "remedial coursework" refers to precollegiate basic skills courses as defined in subdivision (d) of section 55502.
(b) A student's need for remedial coursework shall be determined using appropriate assessment instruments, methods, or procedures administered pursuant to subchapter 6 (commencing with section 55500) of chapter 6. However, except as provided in subdivision (c) of this section, no student shall receive more than 30 semester units (or 45 quarter units) of credit for remedial coursework. Students having exhausted the unit limitation shall be referred to appropriate adult noncredit education services provided by a college, adult school, community-based organization, or other appropriate local provider with which the district has an established referral agreement.
(c) The following students are exempted from the limitation on remedial coursework described in subdivision (b) of this section:
(1) Students enrolled in one or more courses of English as a Second Language (ESL);
(2) Students identified by the district as having a learning disability as defined in section 56036.
(d) The governing board of a district may provide a waiver of the limitation on remedial coursework with respect to any student who shows significant, measurable progress toward the development of skills appropriate to his or her enrollment in college-level courses. Such waivers, if granted, shall be provided pursuant to locally developed standards which are reviewed and approved by the governing board. The standards shall include provisions which ensure that waivers are only given for specified periods of time or for specified numbers of units.
(e) A student who does not attain full eligibility status for college-level work within the limit described in subdivision (b) of this section shall, unless provided with a waiver, be dismissed and referred to adult noncredit education courses.
(f) A student may, upon successful completion of appropriate "remedial coursework," or upon demonstration of skills levels which will reasonably assure success in college-level courses, request reinstatement to proceed with college-level coursework.
(g) The governing board of each district shall submit, through the established Management Information System, information necessary to enable the Chancellor to determine the following:
(1) The effect of this section on students by sex, age, and ethnicity;
(2) Success rates for students enrolled in "remedial coursework;"
(3) Attrition rates for students enrolled in "remedial coursework;"
(4) Rates at which students are referred to and enroll in adult noncredit instruction;
(5) Rates at which students who are referred to adult noncredit instruction subsequently enroll in college-level courses;
(6) Term-to-term persistence rates for students;
(7) Rates at which students directly enter employment after completing remedial coursework;
(8) The extent to which students are exempted from the limitation specified in subdivision (b);
(9) The extent to which students receive waivers, as authorized by subdivision (d); and
(10) The rate at which students are dismissed as described in subdivision (e).
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84500, Education Code; and Statutes of 1988, Chapter 973, Section 68.
s 55757. Units Attempted.
For the purposes of sections 55754 and 55756, "all units attempted" means all units of credit for which the student is enrolled in the current community college of attendance. The governing board of each district shall adopt rules and regulations governing the inclusion in or exclusion of units in which a student did not receive a grade or "credit-no credit" or from which the student withdrew in accordance with rules adopted by the district governing board.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55758. Academic Record Symbols and Grade Point Average.
(a) Grades from a grading scale shall be averaged on the basis of the point equivalencies to determine a student's grade point average using only the following evaluative symbols, except as provided in subsections (b) and (c):
Symbol Definition Grade Point
A Excellent 4
B Good 3
C Satisfactory 2
D Passing, less than satisfactory 1
F Failing 0
CR Credit (at least satisfactory -
units awarded not counted in GPA)
NC No Credit (less than satisfactory,
or failing -units not counted in GPA)
(b) The governing board of a community college district may use "plus" and "minus" designations in combination with letter grades, except that the grade of C minus shall not be used. If pluses and minuses are used, the grade point value of a plus shall be computed by adding 0.3 to the value assigned to the letter grade with which it is combined, and the grade point value of a minus shall be computed by subtracting 0.3 from the value assigned to the letter grade with which it is combined, except that no grade point value shall be less than 0 or greater than 4.0.
(c) Regardless of whether the governing board elects to use plus and minus grading, it may provide for the use of the "FW" grade symbol to indicate that a student has both ceased participating in a course some time after the last day to officially withdraw from the course without having achieved a final passing grade, and that the student has not received district authorization to withdraw from the course under extenuating circumstances. The "FW" symbol may not be used if a student has qualified for and been granted military withdrawal. If "FW" is used, its grade point value shall be zero (0).
(d) The governing board for each community college district shall publish the point equivalencies for the grades used in subsection (a) or subsections (a) and (b) (if pluses and minuses are used) in the catalog or catalogs of that community college district as a part of its grading practices. In the event the governing board chooses to use the "FW" described in subsection (c), it shall be included in the grading scale and point equivalencies published in the catalog.
(e) The governing board of each community college district may authorize the use under specified controls and conditions of only the following nonevaluative symbols:
Symbol Definition
I Incomplete: Incomplete academic work for unforeseeable, emergency and
justifiable reasons at the end of the term may result in an "I"
symbol being entered in the student's record. The condition for the
removal of the "I" shall be stated by the instructor in a written
record. This record shall contain the conditions for the removal of
the "I" and the grade assigned in lieu of its removal. This record
must be given to the student with a copy on file with the registrar
until the "I" is made up or the time limit has passed. A final grade
shall be assigned when the work stipulated has been completed and
evaluated, or when the time limit for completing the work has
passed.
The "I" may be made up no later than one year following the end of the
term in which it was assigned.
The "I" Symbol shall not be used in calculating units attempted nor
for grade points. The governing board shall provide a process
whereby a student may petition for a time extension due to unusual
circumstances.
IP In progress: The "IP" symbol shall be used only in those courses which
extend beyond the normal end of an academic term. It indicates that
work is "in progress," but that assignment of an evaluative symbol
(grade) must await its completion. The "IP" symbol shall remain on
the student's permanent record in order to satisfy enrollment
documentation. The appropriate evaluative symbol (grade) and unit
credit shall be assigned and appear on the student's permanent
record for the term in which the course is completed. The "IP" shall
not be used in calculating grade point averages. If a student
enrolled in an "open-entry, open-exit" course is assigned an "IP" at
the end of an attendance period and does not re-enroll in that
course during the subsequent attendance period, the appropriate
faculty will assign an evaluative symbol (grade) in accordance with
subsection (a) of this part to be recorded on the student's
permanent record for the course.
RD Report Delayed: The "RD" symbol may be assigned by the registrar only.
It is to be used when there is a delay in reporting the grade of a
student due to circumstances beyond the control of the student. It
is a temporary notation to be replaced by a permanent symbol as soon
as possible. "RD" shall not be used in calculating grade point
averages.
W Withdrawal: The governing board of a district which decides to provide
a withdrawal procedure shall adopt a policy consistent with the
following:
Withdrawal from a class or classes shall be authorized through the
last day of the fourteenth week of instruction (or 75% of a term,
whichever is less). The governing board, however, may establish a
final withdrawal date which prohibits withdrawal after a designated
point in time between the end of the fourth week of instruction (or
30% of a term, whichever is less) and the last day of the fourteenth
week of instruction (or 75% of a term, whichever is less). The
academic record of a student who remains in a class beyond the time
allowed by district policy must reflect a symbol as authorized in
this Section other than a "W."
The governing board may by regulation authorize withdrawal from a
class or classes in extenuating circumstances after the last day of
the fourteenth week (or 75% of the term, whichever is less) upon
petition of the student or his or her representative and after
consultation with the instructor(s) or appropriate faculty.
Extenuating circumstances are verified cases of accidents, illnesses
or other circumstances beyond the control of the student.
No notation ( "W" or other) shall be made on the academic record of
the student who withdraws during the first four weeks or 30% of a
term, whichever is less. The governing board may establish a period
of time shorter than the first four weeks or 30% of a term, during
which no notation shall be made.
Withdrawal between the end of the fourth week (or such time as
established by the district) and the last day of the fourteenth week
of instruction (or 75% of a term, whichever is less) shall be
authorized after informing the appropriate faculty.
Withdrawal after the end of the fourteenth week (or 75% of a term,
whichever is less) when the district has authorized such withdrawal
in extenuating circumstances, after consultation with appropriate
faculty, shall be recorded as a "W."
For purposes of withdrawal policies, the term "appropriate faculty"
means the instructor of each course in question or, in the event the
instructor cannot be contacted, the department chair or equivalent
faculty officer.
The "W" shall not be used in calculating grade point averages, but
excessive "W"s (as defined in Sections 55754 and 55756 of this part)
shall be used as factors in probation and dismissal procedures.
Within these guidelines, criteria for withdrawal and the procedures to
accomplish it shall be established by governing boards and published
in college catalogs.
A district's responsibilities with respect to enrollment or attendance
accounting shall not be modified or superseded in any way by
adoption of a withdrawal policy.
MW Military Withdrawal: The governing board of a district which decides
to provide a withdrawal policy shall also adopt military withdrawal
procedures consistent with the following:
"Military Withdrawal" occurs when a student who is a member of an
active or reserve United States military service receives orders
compelling a withdrawal from courses. Upon verification of such
orders, a withdrawal symbol may be assigned at any time after the
period established by the governing board during which no notation
is made for withdrawals. The withdrawal symbol so assigned may be a
"W" or, if necessary to distinguish military withdrawals, may be a
"MW." Military withdrawals shall not be counted in progress
probation and dismissal calculations. "W"s incurred during the
period between January 1, 1990 and the effective date of this
paragraph, which meet the definition of military withdrawal herein,
shall not be counted in progress probation and dismissal
calculations and may be changed to "MW"s. In no case would a
military withdrawal result in a student being assigned an "FW"
grade.
Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55758.5. Grade Point Averaging.
(a) This section augments and should be read in conjunction with Section 55758 relating to academic record symbols and grade point average.
(b) In calculating students' degree applicable grade point averages, grades earned in nondegree credit courses shall not be included.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55759. Notification of Probation and Dismissal.
Each community college shall make reasonable efforts to notify a student subject to academic probation or dismissal at or near the beginning of the semester or quarter in which it will take effect but, in any case, no later than the start of the fall semester or quarter. Each community college shall also make a reasonable effort to provide counseling and other support services to a student on probation to help the student overcome any academic difficulties. Each community college shall make reasonable efforts to notify a student of removal from probation or reinstatement after dismissal within timelines established by the district. Probation and dismissal policies and procedures shall be published in the college catalog.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55760. Grade Changes.
(a) In any course of instruction in a community college district for which grades are awarded, the instructor of the course shall determine the grade to be awarded each student in accordance with section 55758 of this chapter. The determination of the student's grade by the instructor shall be final in the absence of mistake, fraud, bad faith, or incompetency. Procedures for the correction of grades given in error shall include expunging the incorrect grade from the record.
(b) The governing board of a district shall adopt and publish procedures and regulations pertaining to the repetition of courses for which substandard work has been recorded in accordance with sections 55761 and 55762. When grade changes are made in accordance with these sections, appropriate annotations of any courses repeated shall be entered on the student's permanent academic record in such a manner that all work remains legible, insuring a true and complete academic history. (continued)