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(1) instruction or counseling or both in a higher education program for students with disabilities;
(2) administration of a program for students with disabilities in an institution of higher education;
(3) teaching, counseling or administration in secondary education, working predominantly or exclusively in programs for students with disabilities; or
(4) administrative or supervisory experience in industry, government, public agencies, the military, or private social welfare organizations, in which the responsibilities of the position were predominantly or exclusively related to persons with disabilities.
(c) Districts receiving funding pursuant to this subchapter may also employ classified and/or paraprofessional support staff. Support staff shall function under the direction of a DSPS counselor, instructor, or Coordinator as appropriate for the support services or instruction being provided.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56050. Advisory Committee.
Each district receiving funds pursuant to this subchapter shall establish, at each college in the district, an advisory committee which shall meet not less than once per year.
The advisory committee shall, at a minimum, include a student with disabilities and representatives of the disability community and agencies or organizations serving persons with disabilities.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.

s 56052. Evaluation.
The Chancellor shall conduct evaluations of DSPS programs to determine their effectiveness. Each college shall be evaluated at least once every five years. The evaluation shall at a minimum, provide for the gathering of outcome data, staff and student perceptions of program effectiveness, access requirements of the Americans with Disabilities Act (42 USC 12101 et seq.), Section 504 of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), compliance with Education Code Section 67311.5 with respect to parking for persons with disabilities, and data on the implementation of the program as outlined in Education Code Section 84850.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; and 29 U.S.C. Sec. 794.

s 56054. Special Projects.
(a) Community college districts receiving funding pursuant to this subchapter shall cooperate to the maximum extent possible with the Chancellor in carrying out special projects. Such projects may include, but are not limited to, task force meetings, research studies, model programs, conferences, training seminars, and other activities designed to foster program development and accountability. Such special projects shall be funded from the three percent set aside authorized pursuant to Education Code Section 84850(e).
(b) Where such special projects fund services to students, such students need not meet the eligibility criteria otherwise required under this subchapter, but such students shall meet any eligibility requirements which the Chancellor may prescribe.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56056. Authorized Professional Staff.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56058. Coordinator of Disabled Student Programs and Services.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56060. Basis of Funding.
Any community college district shall be entitled to receive funding pursuant to Education Code Section 84850 to offset the direct excess cost, as defined in Section 56064, of providing support services or instruction, or both, to students with disabilities enrolled in state-supported educational courses or programs.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56062. Provision of Support Services or Instruction.
A community college district will be deemed to have "provided support services or instruction" to a student with a disability, as required by section 56060, if the student is enrolled in a special class or is enrolled in a regular class and received four or more service contacts per year with the DSPS program.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.

s 56064. Direct Excess Costs.
Direct excess costs are those actual fixed, variable, and one-time costs (not including indirect administrative costs, as defined in Section 56068) for providing support services or instruction, as defined in Sections 56026 and 56028, which exceed the combined total of the following:
(a) the average cost to the district of providing comparable services (as defined in Section 56066) to nondisabled students times the number of students receiving such services from DSPS;
(b) the revenue derived from special classes as provided in Section 56070; and
(c) any other funds for serving students with disabilities which the district receives from federal, state, or local sources other than discretionary district funds.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56066. Comparable Services.
(a) As used in Section 56064, "comparable services" are those services which are comparable to services available from a college to its nondisabled students. These services include, but are not limited to:
(1) job placement and development as described in Section 56026(a)(2);
(2) registration assistance as described in Section 56026(a)(4);
(3) special parking as described in Section 56026(a)(5);
(4) assessment as described in Section 56026(b)(2);
(5) counseling as described in Section 56026(b)(3);
(6) tutoring as described in Section 56062(b)(11); and
(7) outreach as described in Section 56026(b)(12).
(b) Districts which claim reimbursement for direct excess costs for comparable services as defined in subdivision (a) must, for each college in the district:
(1) certify that the service in question is not offered to nondisabled students; or
(2) collect and report to the Chancellor, on forms prescribed by the Chancellor, data showing the number of new and the number of continuing students with disabilities enrolled in credit courses who received one or more such services, in whole or in part, from DSPS.
(c) The Chancellor shall adjust the allocation of each district by the number, if any, of students reported pursuant to subdivision (b)(2), times the applicable credit student services funding rates for new and continuing students calculated pursuant to Article 4 (commencing with Section 58730) of Subchapter 4 of Chapter 9 of this Division.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56068. Indirect Administrative Costs.
As used in Section 56064, the term "indirect administrative costs" means any administrative overhead or operational cost, including but not limited to, the following:
(a) college administrative support costs, such as staff of the college business office, bookstore, reproduction center, etc.;
(b) administrative salaries and benefits, with the exception of the DSPS Coordinator;
(c) indirect costs, such as heat, light, power, telephone, FAX, gasoline and janitorial;
(d) costs of construction, except for removal or modification of minor architectural barriers;
(e) staff travel costs for other than DSPS-related activities or functions;
(f) costs for on- and off-campus space and plant maintenance;
(g) the cost of office furniture (e.g., desks, bookcases, filing cabinets, etc.);
(h) costs of dues or memberships for DSPS staff;
(i) rent of off-campus space;
(j) costs for legal matters, election campaigns or audit expenses;
(k) building costs, even if the new building were for exclusive use of DSPS;
(l) books or other resource material purchases for the general or main library; or
(m) equipment which is not, in whole or part, adapted for use by students with disabilities.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56070. Revenue from Special Classes.
(a) For purposes of section 56064 (b), the revenue derived from special classes shall be calculated by adding together the following:
(1) the FTES instructional non-credit rate times the number of units of FTES in noncredit special classes; and
(2) the FTES instructional credit rate, not including indirect administrative costs, times the number of units of FTES in credit special classes for each college in the District.
(b) Revenue from special classes shall be used for provision of support services or instruction pursuant to sections 56026 and 56028 and shall not be used for indirect administrative costs as defined in section 56068.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.

s 56072. Allocations; Reports; Audits; Adjustments.
(a) The Chancellor shall adopt an allocation formula which is consistent with the requirements of this subchapter. The Chancellor shall use this formula to make advance allocations of funding provided pursuant to Section 56060 to each community college district consistent with the district's approved DSPS program plan and the requirements of this Article.
(b) A portion, not to exceed 10 percent, of the allocation may be based on the amount of federal, state, local, or district discretionary funds which the district has devoted to serving students with disabilities. Provided, however, that in no event shall any district be entitled to receive funding which exceeds the direct excess cost, as defined in Section 56064, of providing support services or instruction to student with disabilities.
(c) Each district shall submit such enrollment and budget reports as the Chancellor may require.
(d) The Chancellor shall provide for audits of DSPS programs to determine the accuracy of the reports required pursuant to subdivision (c).
(e) The Chancellor may, based on audit findings or enrollment/budget reports, adjust the allocation of any district to compensate for over or under-allocated amounts in the current fiscal year or any of the three immediately preceding fiscal years.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56074. Accounting for Funds.
Each community college district shall establish a unique budget identifier code to separately account for all funds provided pursuant to this subchapter. The district shall certify through fiscal and accounting reports prescribed by the Chancellor that all funds were expended in accordance with the requirements of this subchapter.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56076. Other Resources.
As a condition of receiving funds pursuant to this subchapter, each community college district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving students with disabilities.

Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.

s 56078. Average Daily Attendance Apportionment (ADA) for Classes Offered Through DSP&S.

Note: Authority cited: Sections 71020, 78600 and 84850 , Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56080. Determination of Direct Excess Costs.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600, and 84850, Education Code.

s 56082. Adjustments to Allocation.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56084. District Fiscal Responsibility and Contribution.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56086. Expenses Not Funded.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

s 56088. Other Support Funds.

Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.

SUBCHAPTER 2. EXTENDED OPPORTUNITY PROGRAMS AND SERVICES [FNA1]

[FNa1] Chapter 2 (Sections 56100-56198) superseded by provisions of Chapter 2.5 (Sections 56200-56296) as of 7-1-77.



Note: Authority cited: Sections 66948, 66952, 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42 of the Education Code.

s 56200. Implementation.
This subchapter implements, and should be read in conjunction with, article 8 (commencing with Section 69640), chapter 2, part 42, division 5, title 3, of the Education Code. The definitions in this article apply to the requirements of this subchapter.

Note: Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56201. Waiver.
The Chancellor is authorized to waive any part or all of Articles 3 and 5. Waiver requests must be submitted to the Chancellor in writing by the district superintendent/chancellor setting forth in detail the reasons for the request and the resulting problems caused if the request were denied.

Note: Authority cited: Sections 69648, 69649 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56202. Full-Time Student.
"Full-Time Student" means a student, who during a regular semester or quarter, is enrolled in a minimum of 12 credit units or the equivalent in community college courses. Full-time student for a summer or inter session shall be defined by the college district.

Note: Authority cited: Sections 69648, and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56203. Participation.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56204. Student Served.
For purposes of allocating EOPS funds, conducting audits and evaluations, an EOPS student served is a person for whom, at minimum, the EOPS program has documentation in the student's file of an EOPS application, educational plan, and mutual responsibility contract developed pursuant to section 56222(c).

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56206. EOPS Information.
The Chancellor shall require districts receiving EOPS funds to identify students served and the level and type of programs and services each student received.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56208. Advisory Committee.
Each EOPS program shall have an Advisory Committee appointed by the president of the college upon recommendation of the EOPS Director. The purpose of the advisory committee is to assist the college in developing and maintaining effective extended opportunity programs and services. The term of each committee member shall be for two years, July 1 of the year of appointment to June 30 of the second succeeding year. Members may serve more than one term. The committee shall consist of no fewer members than the members of the local Board of Trustees. Members shall serve without compensation. Members may be reimbursed for necessary expenses incurred in performing their duties. The advisory committee should include representation from college personnel, EOPS students, local or feeder high schools, community and business sectors, and baccalaureate institutions where possible. The Advisory Committee shall meet at least once during each academic year.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56210. Comparable Level of Services.
The college shall maintain the same dollar level of services supported with non-EOPS funds as the average reported in its final budget report in the previous three academic years. At a minimum, this amount shall equal the three-year average or 15% of the average EOPS allocation to that college for the same three base years, whichever is greater. The Chancellor may approve reductions in the required amount if enrollments in the EOPS program decline.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56211. Evaluation.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56215. Effect of Article.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56216. Chancellor.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56217. Income Ceiling Adjustment.

Note: Authority cited: Sections 69648, 69652, and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code.

s 56218. Curriculum Development.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56219. Depressed Area.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56220. Eligibility for Programs and Services.
To receive programs and services authorized by this chapter, a student must:
(a) be a resident of California pursuant to the provisions of part 41 commencing with section 68000 of the Education Code.
(b) be enrolled full-time when accepted into the EOPS program. The EOPS director may authorize up to 10% of EOPS students accepted to be enrolled for 9 units.
(c) not have completed more than 70 units of degree applicable credit coursework in any combination of postsecondary higher education institutions.
(d) qualify to receive a Board of Governors Grant pursuant to section 58620(b)(1) or (2).
(e) be educationally disadvantaged as determined by the EOPS director or designee. In making that determination the EOPS director shall consider one or more of the following factors:
(1) not qualified at the college of attendance for enrollment into the minimum level English or mathematics course that is applicable to the associate degree.
(2) not have graduated from high school or obtained the General Education Diploma (G.E.D.).
(3) graduated from high school with a grade point average below 2.50 on a 4.00 scale.
(4) been previously enrolled in remedial education.
(5) other factors set forth in the district's plan submitted to the Chancellor pursuant to section 56270 of this subchapter.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56221. Encumbrance.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56222. Student Responsibility.
To remain eligible to receive programs and services, students shall:
(a) apply for state and/or federal financial aid pursuant to the applicable rules and procedures of the college of attendance.
(b) maintain academic progress towards a certificate, associate degree, or transfer goal pursuant to the academic standards established by the college of attendance applicable to all credit enrolled students.
(c) file an initial EOPS application and complete and adhere to a student educational plan and an EOPS mutual responsibility contract for programs and services.
(d) within two months of acceptance into the EOPS program, provide income documentation from state or federal income tax forms, or public assistance documentation pursuant to section 58620(b)(2), or other documentation as required for financial aid by the college of attendance.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Section 69640 et seq., Education Code.

s 56223. EOPS Student.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56224. Eligibility for EOPS Financial Aid.
To receive EOPS financial aid a student shall:
(a) be eligible for and receive programs and services pursuant to sections 56220 and 56222 above.
(b) demonstrate financial need according to the rules and procedures established for financial aid at the college of attendance.
(c) have need for EOPS financial aid in accordance with sections 56252 and 56254 of this subchapter.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56225. Governing Board.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56226. Limitations on Eligibility.
A student who has met the eligibility requirements of sections 56220 and 56222, and who participates without term-to-term interruption, shall continue to be eligible until the student:
(a) has completed 70 degree applicable credit units of instruction, or has completed consecutively six semester terms or nine quarter terms of enrollment. Time spent by the student enrolled in remedial courses, including remedial level English as a Second Language courses, shall not be included when computing the requirements of this subdivision. The EOPS Director may waive this limitation only in cases where students are enrolled in programs which require more than 70 units, or which require prerequisites that would exceed the limitations.
(b) has failed to meet the terms, conditions, and follow-up provisions of the student education plan and/or the EOPS mutual responsibility contract.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56227. Multicultural Studies.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56228. Grandfather Provision.

Note: Authority cited: Sections 69648, 69648.7 and 71020, Education Code. Reference: Sections 69640-69655, Education Code.

s 56229. Program.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56230. Full-Time EOPS Director.
Each college receiving EOPS funds shall employ a full-time EOPS director to directly manage and/or coordinate the daily operation of the programs and services offered, and to supervise and/or coordinate the staff assigned to perform EOPS activities. Colleges having less than full-time EOPS director positions may continue such positions upon approval of the Chancellor. The Chancellor shall consider the number of students served, the size of the EOPS staff and budget, and the scope and level of services offered when approving requests for less than full-time EOPS director positions.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56231. Special Projects.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56232. Outreach, Orientation, and Registration Services.
Each college receiving EOPS funds shall provide access services to identify EOPS eligible students and facilitate their enrollment in the college. Access services shall include at minimum:
(a) outreach and recruitment to increase the number of potential EOPS eligible students who enroll at the college.
(b) orientation to familiarize EOPS eligible students with: the location and function of college and EOPS programs and services; the college catalog, application, and registration process, with emphasis on academic and grading standards, college terminology (e.g., grade points, units), course add and drop procedures and related rules; financial aid application procedures; and transfer procedures to baccalaureate institutions.
(c) registration assistance for priority enrollment pursuant to section 58108.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56233. Student Contact Hours.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56234. Assessments.
Each college receiving EOPS funds shall assess EOPS eligible students using instruments and methods which the college president certifies are reliable, valid, and appropriate for students being assessed and for the purpose of the assessment. All assessment results which make use of standardized scoring shall be explained and interpreted to EOPS students by counselors trained in the use and meaning of such assessments. Assessments shall, at minimum, include:
(a) course and placement tests in reading, comprehension, vocabulary, writing, and computations.
(b) diagnostic tests to determine the specific academic skill deficiencies in areas in which placement tests indicate that the student has a low probability of success in degree applicable courses as defined by college policies.
(c) study skill assessment which determines how well the student is able to take lecture notes, outline written material, use library services, and use effective study techniques.
(d) support service assessment which determines what services the student may need to attend regularly and participate in campus life (such as the need for financial aid, child care, part-time employment, or extra-curricular pursuits).
(e) assessment instruments that are not culturally or linguistically biased.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56235. Target or High Priority Area.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56236. Counseling and Advisement.
Each college receiving EOPS funds shall provide counseling and advisement to EOPS-eligible students of at least three contact sessions per term for each student as follows:
(a) a contact session which combines interview interpretation of assessment results to prepare a student educational plan and a mutual responsibility contract specifying what programs and services the student shall receive and what the student is expected to accomplish.
(b) an in-term contact session to ensure the student is succeeding adequately, that programs and services are being provided effectively, and to plan changes as may be needed to enhance student success.
(c) a term-end or program exit contact session to assess the success of students in reaching the objectives of that term, the success of the programs and services provided in meeting student needs, and to assist students to prepare for the next term of classes, or to make future plans if students are leaving the EOPS program or the college.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56237. Independent Student Criteria.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69506, 69640, 69641, 69642 and 69650, Education Code.

s 56238. Basic Skills Instruction and Tutoring Services.
Colleges receiving EOPS funds shall provide basic skills instruction and tutoring services to EOPS eligible students who, on the basis of assessments and counseling, need such services to succeed in reaching their educational goals.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56239. Priority in Serving Students.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56240. Transfer and Career Employment Services.
Colleges receiving EOPS funds shall provide assistance to EOPS eligible students to transfer to baccalaureate institutions and/or to find career employment in their field of training. Appropriate college and EOPS staff shall attempt to articulate coursework and support services needed by EOPS students with baccalaureate institutional staff, particularly baccalaureate institutional staff who are responsible for programs and services that are similar to EOPS.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56241. Outline.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56243. Deadlines.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56244. Applications.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56245. Scope and Appropriateness.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56246. Maintenance of Effort.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56247. Advisory Committee.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56248. Evaluation.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649 and 69650, Education Code.

s 56250. Effect.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56251. Evaluation by Chancellor.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code.

s 56252. Purpose.
Financial assistance in the form of EOPS grants and workstudy shall be awarded in accordance with the provisions of this article to EOPS eligible students for the purpose of reducing potential student loan indebtedness, or to reduce unmet financial need, after Pell grants and other state, federal or institutional financial aid has been awarded to the student.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56253. Approved Plan Required.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56254. EOPS Grants and Workstudy Awards.
(a) Grants may be awarded in an amount not to exceed $900 per academic year, or the amount of a student's unmet need, whichever is less.
(b) Workstudy awards shall not exceed $1,800 per academic year, or the amount of a student's unmet need, whichever is less. Contracts with private industry may be utilized to place EOPS workstudy students.
(c) No combination of EOPS grant and workstudy awards may exceed $1,800 or exceed the amount of a student's unmet need, whichever is less, in an academic year.
(d) EOPS grants shall be disbursed to each student equally among terms in the college academic year.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56255. Priority in Funding.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56256. Award Procedures.
(a) Financial aid offices shall award and disburse EOPS grant and workstudy funds according to college procedures upon the authorization of the EOPS office.
(b) EOPS offices shall authorize EOPS grant and workstudy awards such that:
(1) Awards are distributed as evenly as possible between dependent and independent students.
(2) Priority in awards is given to dependent or independent students having the lowest family or personal incomes, respectively.
(c) EOPS offices may authorize an EOPS grant to reduce packaged student employment awards on a case-by-case basis.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56257. Funding.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69648 and 69652, Education Code.

s 56258. Emergency Loans.
EOPS programs may establish an emergency loan program for EOPS students to meet unexpected or untimely costs for books, college supplies, transportation and housing, subject to the following provisions:
(a) loans may not exceed $300 in a single academic year and must be repaid within the academic year in which the loan was made.
(b) loan funds shall be held in a separate account established by the district for that purpose; collected funds and interest earned shall be credited to the loan account and all loan funds may be carried over fiscal years for the life of the loan program.
(c) the total amount held for the loan program may not exceed three times the amount originally set aside to establish the program. Amounts in excess of this limit, or the total amount held when the program is terminated, shall be returned to the Chancellor.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56259. Effective Program Experience.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article (commencing with Section 69640) of Part 42, Education Code.

s 56260. Staff.
EOPS shall be provided by a certificated director, instructors and counselors and other support staff employed by the governing board of the community college district. All staff funded by EOPS who are not supervised by the EOPS Director shall be accountable to the EOPS Director for the services rendered to EOPS students pursuant to the approved EOPS program plan.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.

s 56262. Director Qualifications.
(a) The EOPS Director must meet the minimum qualifications for a student services administrator as specified in section 53420 of this part, or must possess a Community College Supervisor Credential.
(b) In addition, an EOPS Director hired after October 24, 1987, must have, within the last four years, two years of experience or the equivalent:
(1) In the management or administration of educational programs, community organizations, government programs, or private industry in which the applicant dealt predominantly with ethnic minorities or persons handicapped by language, social or economic disadvantages or,
(2) As a community college EOPS counselor or EOPS instructor, or have comparable experience in working with disadvantaged clientele.
(c) In addition, an EOPS director hired after October 24, 1987, shall have completed a minimum of six units of college-level coursework predominantly relating to ethnic minorities or persons handicapped by educational, language, or social disadvantages.

Note: Authority cited: Sections 69648, 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.

s 56264. Counselor Qualifications.
(a) EOPS "Counselors" are those persons designated by the community college to serve as certificated counselors in the EOPS program and must possess the Community College Counselor Credential or possess a master's degree in counseling, rehabilitation counseling, clinical psychology, counseling psychology, guidance counseling, educational counseling, social work, or career development, or the equivalent, and
(b) In addition, EOPS counselors hired after October 24, 1987, shall:
(1) Have completed a minimum of nine semester units of college course work predominantly relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages or,
(2) Have completed six semester units or the equivalent of a college-level counseling practicum or counseling field-work courses in a community college EOPS program, or in a program dealing predominantly with ethnic minorities or persons handicapped by language, social, or economic disadvantages and,
(c) In addition, an EOPS counselor hired after October 24, 1987, shall have two years of occupational experience in work relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.

s 56270. Contract Plan.
(a) Districts wishing to participate in EOPS shall submit for approval by the Chancellor a plan which conforms to the provisions of this subchapter for each college within the district which intends to conduct an EOPS program. A college plan approved by the Chancellor shall constitute a contract between the district which operates the college and the Chancellor. Changes to the program plan may be made only with the prior written approval of the Chancellor.
(b) The Chancellor will notify in writing those districts which submit plans on or before the deadline set pursuant to section 56274 within ninety (90) days of that deadline whether the district's plan is complete and whether the plan is approved or disapproved. If the plan is disapproved, the Chancellor will notify the district how the plan is deficient. If a district plan is disapproved, the district may resubmit the plan and the Chancellor will approve or disapprove the resubmitted plan within ninety (90) days of its receipt.

Note: Authority cited: Sections 66700, 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56271. Approved Programs and Services.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56272. Outline.
Each plan shall address the following:
(a) the long-term goals of the EOPS program in supporting the goals of the college and the goals adopted for EOPS by the Board of Governors.
(b) the objectives of the EOPS program to be attained in the fiscal year for which EOPS funds are allocated.
(c) the activities to be undertaken to achieve the objectives, including how the college plans to meet the standards set forth in Articles 3, 4, and 5 of this subchapter.
(d) an operating budget which indicates the planned expenditures of EOPS funds, and of other district funds to be used to finance EOPS activities.
(e) the number of students to be served.
(f) an evaluation of the results achieved in the prior year of funding.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56274. Deadlines.
The Chancellor's Office shall annually establish a final date for the submission of EOPS plans and shall notify districts of this date and distribute the forms for the submission of the plan not less than 90 days prior to that date. Applications and plans received after that date shall be returned to the applying district without evaluation or consideration.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56276. Review and Approval of District Plans.
All plans and requests for funding submitted on or before the deadline shall be reviewed and evaluated by the Chancellor. The Chancellor shall approve plans for funding in whole or in part.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56277. Necessity of Subchapter.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56278. Program Evaluation by the Chancellor.
Each college having an approved plan shall participate annually in an evaluation of the effectiveness of the program which shall be conducted by the Chancellor. The annual evaluation may include on-site operational reviews, audits, and measurements of student success in achieving their educational objectives.

Note: Authority cited: Sections 69648, 69648.5 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56279. Accrual Basis.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56280. Priorities in Serving Students.
Each plan shall incorporate the priorities of this section in the order presented when serving students from among those who are eligible pursuant to section 56220. The purpose of these priorities is to ensure that colleges strive to achieve and maintain a racial, ethnic, and gender composition among income eligible students served which matches the racial, ethnic, and gender composition by income group of eighteen years and above who reside in the college service area.
(a) priority in outreach and recruitment services shall be directed towards correcting the greatest underrepresentation among students served. Additional priority among underrepresented students shall be given to serving individuals who are the first in their family to attend college.
(b) priority in serving students enrolled at the college shall be:
(1) serving continuing EOPS students with the lowest income.
(2) serving continuing EOPS students with the lowest income who are transferring from another EOPS program conducted by a community college.
(3) serving first-time EOPS students with the lowest income.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.

s 56281. Accounting Procedures.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56282. State Sources.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56283. Other Sources.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56284. Expenditures.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code.

s 56285. Direct Expenses.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56286. Income Ceiling Adjustment.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code.

s 56287. Indirect Expenses.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56288. Purpose of Indirect Expense Account.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56289. Capital Outlay Expenditures.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56290. Income and Expenditure Accountability.
Districts shall maintain separate accounts for monies provided for, and expended in, support of EOPS activities by specific line item.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56291. Discretionary Funding.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69651, and 69652, Education Code.

s 56291.1. Direct Aid to Students.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69650 and 69652, Education Code.

s 56291.2. Curriculum Development.

Note: Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.

s 56292. Adjustment to Allocations.
The Chancellor may adjust the allocation to any college during a fiscal year for one or more of the following reasons:
(a) to correct over or under allocated amounts in any of the three prior fiscal years.
(b) to correct for over or under utilization of allocated amounts in the current fiscal year.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56293. District Fiscal Responsibility and Contribution.
Districts shall insure that colleges under their jurisdiction conducting EOPS programs provide to EOPS students who need them the same programs and services the college offers to all of its credit enrolled students. The district shall fund the cost of such programs and services from resources available to it, except EOPS funds, at a rate per EOPS student that is at least equal to the average cost per student served (including EOPS students) in these programs and services. Districts accepting EOPS funds will be required to pay the salary of the EOPS director at the rate of 100% of salary and benefits per year.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56294. EOPS Supplemental Costs.
Colleges shall expend EOPS funds only for programs and services which are over, above, and in addition to the costs which are the district's responsibility as defined in section 56293.

Note: Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56295. Expenditures Allowed.
(a) Colleges may expend EOPS funds to meet the EOPS supplemental costs as defined in section 56294 for personnel and other expenses approved in the EOPS annual plan. Expenditures for other expenses in object categories 4000-6000 (except for EOPS financial aid) in the Budget and Accounting Manual shall not exceed 10% of the EOPS allocation or $50,000, whichever is less.
(b) Requests to purchase computer hardware and/or software shall be approved by the district superintendent/president prior to transmittal for approval by the Chancellor.

Note: Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.

s 56296. Expenditures Not Allowed.
EOPS funds shall not be expended for the following:
(a) college administrative support costs (e.g., staff of the business office, bookstore, reproduction, staff at the dean salary level and above).
(b) indirect costs (e.g., heat, lights, power, janitorial service).
(c) political or professional association dues and/or contributions.
(d) costs of furniture (chairs, desks, coat hangers, etc.).
(e) costs of construction, remodeling, renovation, or vehicles.
(f) travel costs other than travel costs of EOPS staff and students for EOPS activities or functions.
Except for items (a) through(c) above, waivers may be approved by the Chancellor on a case-by-case basis. (continued)