Today's Law As Amended


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AB-3058 Community colleges.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 1985.3 of the Code of Civil Procedure is amended to read:

1985.3.
 (a) For purposes of this section, the following definitions apply:
(1) “Personal records” means the original, any copy of books, documents, other writings, or electronically stored information  electronic data  pertaining to a consumer and which are maintained by any “witness” which is a physician, dentist, ophthalmologist, optometrist, chiropractor, physical therapist, acupuncturist, podiatrist, veterinarian, veterinary hospital, veterinary clinic, pharmacist, pharmacy, hospital, medical center, clinic, radiology or MRI center, clinical or diagnostic laboratory, state or national bank, state or federal association (as defined in Section 5102 of the Financial Code), state or federal credit union, trust company, anyone authorized by this state to make or arrange loans that are secured by real property, security brokerage firm, insurance company, title insurance company, underwritten title company, escrow agent licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code or exempt from licensure pursuant to Section 17006 of the Financial Code, attorney, accountant, institution of the Farm Credit System, as specified in Section 2002 of Title 12 of the United States Code, or telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, or psychotherapist, as defined in Section 1010 of the Evidence Code, or a private or public preschool, elementary school, secondary school, or postsecondary school as described in Section 76244 of  Chapter 1.5 (commencing with Section 76200) of Part 47 of  the Education Code.
(2) “Consumer” means any individual, partnership of five or fewer persons, association, or trust which has transacted business with, or has used the services of, the witness or for whom the witness has acted as agent or fiduciary.
(3) “Subpoenaing party” means the person or persons causing a subpoena duces tecum to be issued or served in connection with any civil action or proceeding pursuant to this code, but shall not include the state or local agencies described in Section 7465 of the Government Code, or any entity provided for under Article VI of the California Constitution in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code.
(4) “Deposition officer” means a person who meets the qualifications specified in Section 2020.420. paragraph (3) of subdivision (d) of Section 2020. 
(b) Prior to the date called for in the subpoena duces tecum for the production of personal records, the subpoenaing party shall serve or cause to be served on the consumer whose records are being sought a copy of the subpoena duces tecum, of the affidavit supporting the issuance of the subpoena, if any, and of the notice described in subdivision (e), and proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made as follows:
(1) To the consumer personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his or her attorney of record. If the consumer is a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is at least 12 years of age.
(2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.
(3) At least five days prior to service upon the custodian of the records, plus the additional time provided by Section 1013 if service is by mail.
(c) Prior to the production of the records, the subpoenaing party shall do either of the following:
(1) Serve or cause to be served upon the witness a proof of personal service or of service by mail attesting to compliance with subdivision (b).
(2) Furnish the witness a written authorization to release the records signed by the consumer or by his or her attorney of record. The witness may presume that any attorney purporting to sign the authorization on behalf of the consumer acted with the consent of the consumer, and that any objection to release of records is waived.
(d) A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, paragraph (1) of subdivision (d) of Section 2020,  to locate and produce the records or copies thereof.
(e) Every copy of the subpoena duces tecum and affidavit, if any, served on a consumer or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice, in a typeface designed to call attention to the notice, indicating that (1) records about the consumer are being sought from the witness named on the subpoena; (2) if the consumer objects to the witness furnishing the records to the party seeking the records, the consumer must file papers with the court or serve a written objection as provided in subdivision (g) prior to the date specified for production on the subpoena; and (3) if the party who is seeking the records will not agree in writing to cancel or limit the subpoena, an attorney should be consulted about the consumer’s interest in protecting his or her rights of privacy. If a notice of taking of deposition is also served, that other notice may be set forth in a single document with the notice required by this subdivision.
(f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code.
(g) Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records.
Any other consumer or nonparty whose personal records are sought by a subpoena duces tecum may, prior to the date of production, serve on the subpoenaing party, party  the witness, and the deposition officer, a written objection that cites the specific grounds on which production of the personal records should be prohibited.
No witness or deposition officer shall be required to produce personal records after receipt of notice that the motion has been brought by a  consumer, or after receipt of a written objection from a nonparty consumer, except upon order of the court in which the action is pending or by agreement of the parties, witnesses, and consumers affected.
The party requesting a consumer’s personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection. The motion shall be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the personal records and the consumer or the consumer’s attorney.
(h) Upon good cause shown and provided that the rights of witnesses and consumers are preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for service of a subpoena duces tecum or waiving the requirements of subdivision (b) where due diligence by the subpoenaing party has been shown.
(i) Nothing contained in this section shall be construed to apply to any subpoena duces tecum which does not request the records of any particular consumer or consumers and which requires a custodian of records to delete all information which would in any way identify any consumer whose records are to be produced.
(j) This section shall not apply to proceedings conducted under Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), or Division 4.7 (commencing with Section 6200), 6200)  of the Labor Code.
(k) Failure to comply with this section shall be sufficient basis for the witness to refuse to produce the personal records sought by a subpoena duces tecum.
(l) If the subpoenaing party is the consumer, and the consumer is the only subject of the subpoenaed records, notice to the consumer, and delivery of the other documents specified in subdivision (b) to the consumer, is not required under this section.

SEC. 2.

 Section 4005 of the Education Code is amended to read:

4005.
 (a) The county superintendent of schools shall call an annual meeting of the representatives of the governing board of each school district, elected pursuant to Section 35023, and the representatives of the governing board of each community college district, elected pursuant to Section 72403.  district elected by the board.  This annual meeting shall be held between October 1 and December 1.
(b) The county superintendent of schools shall give notice of the annual meeting to the representatives of each governing board by prepaid mail addressed to the clerk or secretary of the governing board of each district. The notice shall be deemed sufficient and complete when deposited in the United States mail.

SEC. 3.

 Section 12116 of the Education Code is amended to read:

12116.
 The California State Agency for Donated Food Distribution may send representatives out of this state for the purpose of inspecting food commodities or conferring with federal and other state officials, provided the traveling and expenses have been approved by the Governor and by the Department of Finance. The out-of-state travel shall not come within the limitation imposed in Section 33335 or 71049. 71040. 

SEC. 4.

 Section 22714 of the Education Code is amended to read:

22714.
 (a) Whenever the governing board of a school district or a community college district or a county office of education, by formal action,  action taken prior to January 1, 1999,  determines pursuant to Section 44929 or 87488 that, that  because of impending curtailment of, of  or changes in, in  the manner of performing services, the best interests of the district or county office of education would be served by encouraging certificated employees or academic employees to retire for service and that the retirement will either:  result in a net savings to the district or county office of education,  education; result in a reduction of the number of certificated employees or academic employees as a result of declining enrollment; or result in the retention of certificated employees who are credentialed to teach in, or faculty who are qualified to teach in, teacher shortage disciplines, including, but not limited to, mathematics and science,  an additional two years of service credit shall be granted under this part to a member of the Defined Benefit Program if all of the following conditions exist:
(1) The member is credited with five or more years of service credit and retires for service under the provisions of  Chapter 27 (commencing with Section 24201) during a period of not more than 120 days or less than 60 days, commencing no sooner than the effective date of the formal action of the employer that shall specify the period.
(2) The documentation required by this section is received by the system no later than 30 calendar days after the last day of the window period established in paragraph (1).
(3) (2)  (A)  The employer transfers to the retirement fund an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the allowance the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit and an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the purchasing power protection supplemental payment the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit. The payment for purchasing power shall be deposited in the Supplemental Benefit Maintenance Account established by Section 22400 22400,  and shall be subject to Section 24415. The transfer to the retirement fund shall be made in a manner manner,  and a  time period, period  not to exceed eight four  years, that is acceptable to the Teachers’ Retirement Board. The employer shall transfer the required amount for all eligible employees who retire pursuant to this section.
(B) Regular interest shall be charged on the unpaid balance if the employer makes the transfer to the retirement fund in installments.
(4) (3)  The employer transmits to the retirement fund the administrative costs incurred by the system in implementing this section, as determined by the Teachers’ Retirement Board.
(5) (4)  The employer has considered the availability of teachers or academic employees to fill the positions that would be vacated pursuant to this section.
(b) (1) The school district shall demonstrate and certify to the county superintendent that the formal action taken would result in either: (A)  a net savings to the district. district; (B) a reduction of the number of certificated employees as a result of declining enrollment, as computed pursuant to Section 42238.5; or (C) the retention of certificated employees who are credentialed to teach in teacher shortage disciplines. 
(2) The county superintendent shall certify to the Teachers’ Retirement Board that the a  result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 14502.1. (b) of Section 14502. A district that qualifies under subparagraph (B) of paragraph (1) shall also certify that it qualifies as a declining enrollment district as computed pursuant to Section 42238.5. 
(3) The school district shall reimburse the county superintendent for all costs to the county superintendent that result from the certification.
(c) (1) The county office of education shall demonstrate and certify to the Superintendent of Public Instruction that the formal action taken would result in either: (A)  a net savings to the county office of education. education; (B) a reduction of the number of certificated employees as a result of declining enrollment; or (C) the retention of certificated employees who are credentialed to teach in teacher shortage disciplines. 
(2) The Superintendent of Public Instruction shall certify to the Teachers’ Retirement Board that the a  result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) (b)  of Section 14502.1. 14502. 
(3) The Superintendent of Public Instruction may request reimbursement from the county office of education for all administrative costs that result from the certification.
(d) (1) The community college district shall demonstrate and certify to the chancellor’s office that the formal action taken would result in either: (A)  a net savings to the district. district; (B) a reduction in the number of academic employees as a result of declining enrollment; or (C) the retention of faculty who are qualified to teach in teacher shortage disciplines. 
(2) The chancellor shall certify to the Teachers’ Retirement Board that the a  result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 84040.5. A community college district that qualifies under subparagraph (B) of paragraph (1) of subdivision (b) of this section shall also certify that it qualifies as a declining enrollment district . 
(3) The chancellor may request reimbursement from the community college district  for all administrative costs that result from the certification.
(e) The opportunity to be granted service credit pursuant to this section shall be available to all members employed by the school district, community college district, or county office of education who meet the conditions set forth in this section.
(f) The amount of service credit shall be two years.
(g) Any member of the Defined Benefit Program who retires under this part for service under the provisions of  Chapter 27 (commencing with Section 24201) with service credit granted under this section and who subsequently reinstates shall forfeit the service credit granted under this section.
(h) Any member of the Defined Benefit Program who retires under this part for service under Chapter 27 (commencing with Section 24201) with service credit granted under this section and who takes any job as an employee, independent contractor, or as an employee of a third party with the school district, community college district, or county office of education that granted the member the service credit less than five years after receiving the credit shall forfeit the ongoing benefit the member receives from the additional service credit granted under this section.
(i) (h)  This section does shall  not apply  be applicable  to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part within  during a period extending  one year following beyond  the effective date of the formal action under subdivision (a),  action,  or if the member is not otherwise eligible to retire for service.

SEC. 5.

 Section 48801 of the Education Code is amended to read:

48801.
 Any student authorized to attend a community college as a special part-time student pursuant to Sections 48800 and 76001 76000  shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law.  
The student shall also be required to attend school for the minimum schoolday, except as provided for in Section 46145 or 46147. However, the governing board of the school district may permit the student to attend school for such  a lesser period of time than the minimum schoolday as if  the board shall find to be  finds that the reduced schoolday is  in the student’s best interests.

SEC. 6.

 The heading of Article 8 (commencing with Section 69640) of Chapter 2 of Part 42 of the Education Code is repealed.

SEC. 7.

 Section 69640 of the Education Code is amended and renumbered to read:

69640.

It is the intent of the Legislature that the California Community Colleges recognize the need and accept the responsibility for extending the opportunities for community college education to all who may profit therefrom regardless of economic, social, and educational status. It is the intent and purpose of the Legislature in establishing the Community College Extended Opportunity Programs and Services (EOPS) to encourage local community colleges to establish and implement programs directed to identifying those students affected by language, social, and economic handicaps, to increase the number of eligible EOPS students served, and to assist those students to achieve their educational objectives and goals, including, but not limited to, obtaining job skills, occupational certificates, or associate degrees, and transferring to four-year institutions.

The rules and regulations of the Board of Governors of the California Community Colleges shall be consistent with this article. These rules and regulations, and EOPS, shall be consistent with all of the following goals:

(a)To increase the number and percentage of students enrolled in community colleges who are affected by language, social, and economic disadvantages, consistent with state and local matriculation policies.

(b)To increase the number and percentage of Extended Opportunity Programs and Services (EOPS) students who successfully complete their chosen educational objectives.

(c)To increase the number and percentage of EOPS students who are successfully placed into career employment.

(d)To increase the number and percentage of EOPS students who transfer to four-year institutions following completion of the related educational programs at community colleges.

(e)To strive to assist community colleges to meet student and employee affirmative action objectives.

(f)To improve the delivery of programs and services to the disadvantaged.

The Legislature further intends that EOPS shall not be viewed as the only means of providing services to nontraditional and disadvantaged students or of meeting student and employee affirmative action objectives.

The Legislature finds that the establishment and development of extended opportunity programs and services are essential to the conservation and development of the cultural, social, economic, intellectual, and vocational resources of the state.
69640. 78230. 
 (a) The Legislature finds and declares that the establishment and development of extended opportunity programs and services are essential to the conservation and development of the cultural, social, economic, intellectual, and vocational resources of the state.
(b) It is the intent of the Legislature:
(1) That the California Community Colleges recognize the need and accept the responsibility for extending the opportunities for community college education to all who may profit therefrom regardless of economic, social, and educational status.
(a) (2)  It is the intent of the Legislature that the California Community Colleges recognize the need and accept the responsibility for extending the opportunities for community college education to all who may profit from that education regardless of economic, social, and educational status. It is the intent and purpose of the Legislature in  In  establishing the Community College Extended Opportunity Programs and Services (EOPS) (EOPS),  to encourage local  community colleges  college districts  to establish and implement programs directed to toward  identifying those students affected by language, social, and economic handicaps, disadvantages,  to increase the number of eligible EOPS students served, and to assist those students to achieve their educational objectives and goals, including, but not necessarily limited to, obtaining job skills, occupational certificates, or associate degrees, and transferring to four-year baccalaureate  institutions.
(3) That EOPS not be viewed as the only means of providing services to nontraditional and disadvantaged students or of meeting student and employee equal opportunity objectives.
(c) The board of governors shall establish minimum standards for the establishment and conduct of extended opportunity programs and services. The board of governors may waive any or all of the minimum standards if the board determines that unusual circumstances exist to merit a waiver.
(b) (d)  The rules and regulations of the Board of Governors of the California Community Colleges shall be consistent with this article. The operation of EOPS, as well as these rules and regulations, shall be consistent with  board of governors shall adopt regulations consistent with  all of the following goals:
(1) To increase the number and percentage of students enrolled in community colleges who are affected by language, social, and economic disadvantages, consistent with state and local matriculation policies.
(2) To increase the number and percentage of EOPS  Extended Opportunity Programs and Services (EOPS)  students who successfully complete their chosen educational objectives.
(3) To increase the number and percentage of EOPS students who are successfully placed into career employment.
(4) To increase the number and percentage of EOPS students who transfer to four-year baccalaureate  institutions following completion of the related educational programs at community colleges.
(5) To strive to assist community colleges to meet student and employee affirmative action equal opportunity  objectives.
(6) To improve the delivery of programs and services to the disadvantaged.
(c) The Legislature further intends that EOPS shall not be viewed as the only means of providing services to nontraditional and disadvantaged students or of meeting student and employee affirmative action objectives.
(d) The Legislature finds that the establishment and development of extended opportunity programs and services are essential to the conservation and development of the cultural, social, economic, intellectual, and vocational resources of the state.

SEC. 8.

 Section 69641 of the Education Code is amended and renumbered to read:

69641.
69641. 78231. 
 The Extended Opportunity Programs and Services (EOPS) provided by a community college district shall supplement the regular educational programs of the community college district to encourage the enrollment of students handicapped affected  by language, social, and economic disadvantages, and to facilitate the successful completion of their educational goals and objectives. EOPS shall be provided by certificated academic  directors and instructors, as well as by counselors and other support staff approved by the governing board of the community college  district. Participation in an extended opportunity program or service shall not preclude participation in any other program offered by the community college  district.

SEC. 9.

 Section 69641.5 of the Education Code is amended and renumbered to read:

69641.5.
69641.5. 78231.5. 
 The Board of Governors of the California Community Colleges shall consider adopting regulations which that  include all of the following objectives:
(a) That the Extended Opportunity Programs and Services provided by a community college shall include, but not necessarily  be limited to, staff qualified to counsel all EOPS students regarding their individual educational objectives and the specific academic or vocational training program necessary to achieve those objectives, and that each EOPS student receives that counseling upon his or her initial enrollment in the community college, and at least every six months thereafter.
(b)  That in assisting all EOPS students to identify their educational objectives, the Extended Opportunity Programs and Services provided by a community college identifies those students who want to transfer to a four-year baccalaureate  institution, and those who have the potential to transfer successfully, and that the EOPS director at each community college disseminates the names and addresses of these potential transfer students to admissions staff at public universities throughout the state at least once a year.
(c) That the EOPS director at each community college shall work with other community college staff to encourage all interested EOPS students to enroll in existing community college classes designed to develop skills necessary for successful study at a university, including, but not limited to, time management, research and study skills, classroom note-taking skills, and writing skills, and that these classes be developed if they are not already established.

SEC. 10.

 Section 69642 of the Education Code is amended and renumbered to read:

69642.

Definitions:

(a)“Extended opportunity

69642. 78232. 
 Definitions: As used in this article: 
(a) “Direct aid,” as referenced in subparagraph (J) of paragraph (2) of subdivision (a) of Section 78230.5, includes, but need not be limited to, all of the following:
(1) Loans or grants to meet living costs or a portion thereof.
(2) Loans or grants to meet the costs of student fees.
(3) Loans or grants to meet the costs of transportation between home and college.
(4) The provision of scholarships.
(5) Work-experience programs.
(6) Job placement programs.
(a) (b)  “Extended opportunity program” means a special program or method of instruction designed to facilitate the language, educational, or social development of a student and increase his or her potential for success in the college.
(b) (c)  “Extended opportunity services” means a program of assistance designed to aid students with socioeconomic handicaps disadvantages  to permit them to enroll in and participate in the educational activities of the college, and to progress toward completing their educational goals and objectives, including, but not necessarily  limited to, graduation from college.

SEC. 11.

 Section 69643 of the Education Code is amended and renumbered to read:

69643.
69643. 78233. 
 (a) There is in the state government the Advisory Committee on Extended Opportunity Programs and Services. It shall be comprised of nine members appointed by the board, two members appointed by the Speaker of the Assembly and two members appointed by the Senate Committee on Rules. The nine members appointed by the board shall serve for four-year terms, except the first term of each shall be determined by lot at the first meeting of the board. Three shall serve for four years, three shall serve for three years, and three shall serve for two years. The two members appointed by the Speaker of the Assembly and the two members appointed by the Senate Committee on Rules shall serve at the pleasure of the respective appointing powers.
(b) The chairperson and vice chairperson of the committee shall be designated by the board.
(c) The members of the committee shall serve without compensation, but shall be reimbursed for necessary traveling and other expenses incurred in performing their duties and responsibilities.
(d) The committee shall serve as an advisory body to the board, shall formulate and present policy recommendations as it determines will effect statewide establishment and conduct of community college programs of extended opportunities and services, shall review annually and report to the board the progress made under this article with the California Community Colleges toward the extension of educational opportunities for all students who may profit from instruction, and make other recommendations to implement this article. The Chancellor of the California Community Colleges shall be executive secretary of the committee, shall report to the board on the actions of the committee, and, at the recommendation of the committee and its direction, shall make recommendations to the board pursuant to this article.
(e) All meetings of the committee shall be open and public, and all persons shall be permitted to attend any meeting of the committee.

SEC. 12.

 Section 69648 of the Education Code is amended and renumbered to read:

69648.

By January 1, 1986, the board
69648. 78230.5. 
 By (a)   January 1, 1986, the board  The board of governors  shall adopt rules and regulations necessary to implement this article, including rules and regulations which that  do all of the following:
(a) (1)  Prescribe the procedure by which a district shall identify a student eligible for extended opportunity programs or services on the basis of the student’s language, social, or economic disadvantages.
(b) (2)  Establish minimum standards for the establishment and conduct of extended opportunity programs and services. The standards  that  may include, but shall need  not be limited to, guidelines for all of the following:
(1) (A)  The provision of staffing and program management.
(2) (B)  The establishment of a documentation and data collection system.
(3) (C)  The establishment of an EOPS advisory committee.
(4) (D)  The provision of recruitment and outreach services.
(5) (E)  The provision of cognitive and noncognitive assessment, advising, and orientation services.
(6) (F)  The provision of college registration.
(7) (G)  The provision of basic skills instruction, seminars, and tutorial assistance.
(8) (H)  The provision of counseling and retention services.
(9) (I)  The provision of transfer services.
(10) (J)  The provision of direct aid.
(11) (K)  The establishment of objectives to achieve the goals specified in Section 69640, 78230,  and objectives to be applied in implementing extended opportunity programs and services.
(c) (3)   Subject to approval of the chancellor, establish  Establish  procedures for the review and evaluation of the districts’ extended opportunity programs and services.
(d) (4)  Require the submission of the reports by districts that will permit the evaluation of the program and services offered.
(b) In order to be eligible to receive state funding, each district EOPS program shall meet the minimum standards established by the board of governors unless the board of governors has waived any or all of the minimum standards established for these programs pursuant to subdivision (c) of Section 78230.

SEC. 13.

 Section 69648.5 of the Education Code is repealed.

69648.5.
 The board of governors may use up to 1 percent of the funds appropriated for the EOPS program by the annual Budget Act to monitor program activities and to conduct the evaluation of EOPS offered by districts.

SEC. 14.

 Section 69649 of the Education Code is repealed.

69649.
 (a) The governing board of a community college district may, with the approval of the board, establish an extended opportunity program.
Except as provided in subdivision (b), in order to be eligible to receive state funding, the program shall meet the minimum standards established pursuant to subdivision (b) of Section 69648.
(b) The board of governors may waive any or all of the minimum standards established pursuant to subdivision (b) of Section 69648 if the board of governors determines that unusual circumstances which merit a waiver exist.

SEC. 15.

 Section 69650 of the Education Code is repealed.

69650.
 The governing board of a community college district may, with the approval of the board, establish extended opportunity services. Such services may include, but need not be limited to:
(a) Loans or grants to meet living costs or a portion thereof.
(b) Loans or grants to meet the cost of student fees.
(c) Loans or grants to meet cost of transportation between home and college.
(d) The provision of scholarships.
(e) Work-experience programs.
(f) Job placement programs.

SEC. 16.

 Section 69651 of the Education Code is amended and renumbered to read:

69651.
69651. 78235. 
 The governing board of a community college district shall not use any funds received from the state for the operation and administration of extended opportunity programs and services to supplant district resources, programs, or services authorized by Sections 69649 and 69650.  this article.  The governing board may use those funds to meet the matching requirements to receive federal funds, or funds granted by nonprofit foundations, designated for the same purposes, for extended opportunity programs and services, as defined by Section 69641. 78232. 

SEC. 17.

 Section 69652 of the Education Code is repealed.

69652.
 The governing board of a community college district may apply to the board for an allowance to meet all or a portion of the cost of establishing and operating extended opportunity programs or services authorized by this article. The application shall contain a detailed plan or plans for use of the allowance. The plan or plans shall be submitted in accordance with rules and regulations adopted by the board. The board may also adopt rules and regulations relating to the form and content of applications and procedures for review, evaluation, and approval thereof.

SEC. 18.

 Section 69653 of the Education Code is amended and renumbered to read:

69653.
69653. 78236. 
 (a) A district may apply to the board of governors for an allowance to meet all or a portion of the cost of establishing and operating extended opportunity programs and services authorized by this article. The application shall contain a detailed plan or plans for use of the allowance. The plan or plans shall be submitted in accordance with rules and regulations adopted by the board of governors. Applications for district extended opportunity programs and services funding shall be subject to the approval of the board of governors.
Applications  (b)  shall be subject to the approval of the board.  Upon approval by the board,  board of governors,  it shall certify an apportionment or apportionments to the Controller. The Controller shall draw warrants on the State Treasury in the amounts certified in favor of the governing board of the community college district which has jurisdiction over the applicant district  district  in accordance with a schedule of payments established by the board of governors  and approved by the Department of Finance.
(c) The board of governors may adopt rules and regulations relating to the form and content of applications and procedures for review, evaluation, and approval of plans under this section.

SEC. 19.

 Section 69654 of the Education Code is amended and renumbered to read:

69654.
69654. 78234. 
 The board of governors  shall review the need for state funds to carry out the purposes of this chapter article,  and shall include an estimate of such this  need in its budget for each year. The board of governors may expend up to 1 percent of the funds appropriated in the annual Budget Act for extended opportunity programs and services (EOPS) to monitor program activities and to conduct the program development and evaluation of EOPS offered by districts. 

SEC. 20.

 Section 69655 of the Education Code is amended and renumbered to read:

69655.
69655. 78237. 
 (a) Pursuant to Section 69648, its regulations,  the Chancellor of the California Community Colleges  board of governors  shall determine the elements of a statewide data base for the Community College Extended Opportunity Programs and Services, which shall be used for periodic evaluation of the programs and services. The data base shall include all information necessary to demonstrate the statewide progress towards achieving the program goals identified in Section 69640, 78230,  and program objectives adopted pursuant to Section 69648  regulations of the board of governors,  including, but not necessarily  limited to, all of the following:
(1) The annual number of extended opportunity programs and services (EOPS) students and non-EOPS students who complete degree or certificate programs, transfer programs, or other programs, as determined by state and local matriculation policies.
(2) The annual number of EOPS and non-EOPS students who transfer to institutions which that  award the baccalaureate degree. In implementing this paragraph, the chancellor  board of governors  shall work in cooperation with the California Postsecondary Education Commission, the President of the University of California, the Chancellor of the California State University, and the Association of Independent Colleges and Universities to establish methods for obtaining the necessary data.
(3) (A)  The annual number of EOPS and non-EOPS students completing occupational programs who find career employment.
(B)  In implementing this paragraph, the chancellor  board of governors  shall integrate the data collection with existing data collection requirements pertaining to vocational education.
(b) Beginning in January 1987, the chancellor   The board of governors  shall annually report to the Legislature regarding the number of community college  students served by the Community College Extended Opportunity Programs and Services and  EOPS and  the number of EOPS students who achieve their educational objectives.

SEC. 21.

 Section 69656 of the Education Code is amended and renumbered to read:

69656.
69656. 78238. 
 It is the intent of the Legislature that the California State University and the University of California provide fee waivers for admissions applications for all EOPS  extended opportunity programs and services (EOPS)  transfer students who provide waiver forms signed by a community college EOPS director. director or his or her designee. 

SEC. 22.

 Section 70900 of the Education Code is amended to read:

70900.
 There is hereby created the California Community Colleges, a postsecondary education system consisting of community college districts heretofore and hereafter established pursuant to law and the Board of Governors of the California Community Colleges. The  It is the intent of the Legislature, in enacting future legislation, to abide by the delineation of function and authority between the  board of governors shall carry out the functions specified in Section 70901, local districts shall carry out the functions specified in Section 70902, and the California Online Community College shall carry out the functions specified in Section 75003. and local governing boards represented in Sections 70901 and 70902. Further, in enacting these sections, the Legislature expresses full confidence and reliance on the board of governors and local governing boards to carry out these functions and exercise this authority. 

SEC. 23.

 Section 70901 of the Education Code is amended to read:

70901.
 (a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges.
(b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), (g),  the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes,  thereof,  perform the following functions:
(1) Establish minimum standards as required by law, including, but not necessarily  limited to, all of  the following:
(A) Minimum standards to govern student  academic standards relating to graduation requirements and probation, dismissal, and readmission policies.
(B) Minimum standards for the employment of academic and administrative staff in community colleges.
(C) Minimum standards for the formation and operation  of community colleges and districts.
(D) Minimum standards for credit and noncredit classes.
(E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.
(2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts  districts, and provide technical assistance  according to outcome measures cooperatively developed with those districts, and evaluate and  provide technical  assistance when districts encounter severe management or fiscal  difficulties.
(3) Conduct necessary systemwide research on community colleges, colleges  and provide appropriate information services, including, but not necessarily  limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information.
(4) (A)  Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies.
(B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status.
(5)  (A)  Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following:
(i) (A)  (I) (i)  Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration.
(II) (ii)  The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill.
(ii) (B)  To the extent authorized by law, establish the method for determining and allocating the state general apportionment.
(iii) (C)  Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. The board of governors shall adopt all necessary regulations related to this construction, and shall assemble statewide data on facility and construction costs and formulate cost and construction standards. The formulation of standards shall include also the formulation of average ratios of equipment cost to total project costs, unit equipment costs per faculty or other staff measure, and unit costs related to floor areas. 
(B) The board of governors may enter into a direct contract with the Academic Senate for the California Community Colleges for the purpose of supporting statewide initiatives, projects, and programs within the purview of the Academic Senate for the California Community Colleges. If the board of governors elects to enter into a direct contract with the Academic Senate for the California Community Colleges, the contract shall specify the objectives and the expected outcomes of the contract.
(6) (A)  Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors.
(B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district.
(7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services.
(8) Facilitate articulation with other segments of higher education with secondary education.
(9) Review and approve comprehensive  academic and facilities  plans for each community college district. The plans  board of governors may adopt regulations pursuant to Section 70901.5 that require the submission of other plans for review and approval as necessary to assist in the development or promotion, or both, of the system. The plans  shall be submitted to the board of governors by the governing board of each community college district.
(10) Review and approve all educational programs offered by community college districts districts,  and all courses that are not offered as part of an educational program approved by the board of governors.
(11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor.
(12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges.
(13) Establish policies regarding interdistrict attendance of students. students in a manner that is consistent with Section 78030. 
(14) Advise and assist governing boards of community college districts on the implementation and interpretation of state and federal laws affecting community colleges.
(15) Contract for the procurement of goods and services, as necessary. The board of governors shall adopt policies and procedures that further the legislative policy of competitive contracting and procurement applicable to other state agencies pursuant to Chapter 1 (commencing with Section 10100) of Part 2 of the Public Contract Code. 
(16) Carry out other functions as expressly provided by law.
(c) Subject to, and in furtherance of, subdivision (a), the board of governors shall have full authority to adopt rules and regulations necessary and proper to execute the functions specified in this section as well as other functions that the board of governors is expressly authorized by statute to regulate.
(d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by a majority vote, may adopt a rule delegating that power to the chancellor, or any officer, employee, or committee of the California Community Colleges, or community college district, as the board of governors may designate. However, the board of governors shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating power authority  shall prescribe the limits of delegation.
(e) The board of governors may accept, on behalf of, and in the name of the state, gifts, donations, bequests, and devises, including gifts of land or gifts of options on land that may be made to the board of governors, or to any college or district when the gift, donation, bequest, or devise and any related terms and conditions will aid the board of governors. The board of governors may condition acceptance on any basis or with any restrictions the board of governors deems advisable.
(f) The board of governors has the duties, powers, purposes, responsibilities, and jurisdiction vested in the State Board of Education, the Superintendent of Public Instruction, the State Department of Education, and the Director of Education prior to January 1, 1977, with respect to the management, administration, and control of the community colleges.
(e) (g)  In performing the functions specified in this section, subdivision (b),  the board of governors shall establish and carry out a process for consultation with institutional representatives of community college districts so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors.
(f) (1) The board of governors shall administer the online community college established pursuant to subdivision (a) of Section 75001. In its capacity as the governing board of the online community college, the board of governors shall carry out the functions specified in Section 75003. Members of the board of governors shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business.
(2) (A) The board of governors shall contract with a community college district board of trustees for purposes of establishing a separate collective bargaining agreement with employees of the online community college pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The Chancellor of the California Community Colleges shall designate the contract community college district. Employees represented by the collective bargaining agreement established pursuant to this paragraph shall be recruited, recommended for hire, and assigned and directed by the chief executive officer of the online community college appointed pursuant to subdivision (d) of Section 75005.
(B) Notwithstanding subdivision (d) of Section 75007, the contract entered into pursuant to subparagraph (A) shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. For only the contract, or contracts, applicable to subparagraph (A) the chancellor’s office shall also be exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(C) The chief executive officer of the online college or his or her designee shall participate in the collective bargaining process pursuant to subparagraph (A).
(3) The chief executive officer of the online college shall clarify the identity of the employer of record for all staff of the online college.

SEC. 24.

 Section 70901.1 of the Education Code is repealed.

70901.1.
 The Board of Governors of the California Community Colleges shall adopt regulations that permit the governing board of a community college district to allow applications for admission, student residency determination forms, and other documents to be submitted electronically. The regulations shall require that applicants and students be informed of the relative security of the information they submit electronically.

SEC. 25.

 Section 70901.5 of the Education Code is amended to read:

70901.5.
 (a) The board of governors shall establish procedures for the adoption of rules and regulations governing the California Community Colleges. Among other matters, the procedures shall implement all of  the following requirements:
(1) Written notice of a proposed action shall be provided to each community college district and to all other interested parties and individuals, including the educational policy and fiscal committees of the Legislature and the Department of Finance, at least 45 days in advance of adoption. The regulations shall become effective no earlier than 30 days after adoption.
(2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies.
(3) The board of governors shall ensure that all of its  proposed regulations of the board meet the standards of “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication,” as those terms are defined in Section 11349 of the Government Code. A district governing board or any other interested party may challenge any proposed regulatory action regarding the application of these standards.
(4) Prior to the adoption of regulations, the board of governors shall consider and respond to all written and oral comments received during the comment period.
(5) The effective date for a regulation shall be suspended if, within 30 days after adoption by the board of governors, at least two-thirds of all district  governing boards vote, in open session, to disapprove the regulation. With respect to any regulation so disapproved, the board of governors shall provide at least 45 additional days for review, comment, and hearing, including at least one hearing before the board of governors  itself. After the additional period of review, comment, and hearing, the board of governors  may do any of the following:
(A) Reject or withdraw the regulation.
(B) Substantially amend the regulation to address the concerns raised during the additional review period, and then adopt the revised regulation. The regulation shall be treated as a newly adopted regulation, and shall go into effect in accordance with those procedures.
(C) Readopt the regulation as originally adopted, or with those nonsubstantive, technical amendments deemed necessary to clarify the intent of the original regulation. If the board of governors decides to readopt a regulation, with or without technical amendments, it shall also adopt a written declaration and determination regarding the specific state interests it has found necessary to protect by means of the specific language or requirements of the regulation. A readopted regulation may then be challenged pursuant to existing law in a court of competent jurisdiction, and shall not be subject to any further appeal within the California Community Colleges.
(6) As to any regulation which the Department of Finance determines would create a state-mandated local program cost, the board of governors shall not adopt the regulation until the Department of Finance has certified to the board of governors and to the Legislature that a source of funds is available to reimburse that cost.
(7) Any district or other interested party may propose a new regulation or challenge any existing regulation.
(b) Except as expressly provided by this section, and except as provided by resolution of the board of governors, the provisions of  Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to regulations adopted by the board of governors.

SEC. 26.

 Section 70902 of the Education Code is amended to read:

70902.
 (a) (1) Every community college district shall be under the control of a board of trustees, which is referred to herein as the “governing board.”  board” or “board of trustees.”  The governing board of each community college district shall establish, maintain, operate, and govern one or more community colleges in accordance with law. In so doing, the governing board may initiate and carry on any program, activity, or may otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which community college districts are established.
(2) The governing board of each community college district shall establish rules and regulations not inconsistent with the regulations of the board of governors and the laws of this state for the government and operation of one or more community colleges in the district.
(b) In furtherance of subdivision (a), the governing board of each community college district shall do all of the following:
(1) Establish policies for, and approve, current and long-range academic and facilities plans and programs and promote orderly growth and development of the community colleges within the district. In so doing, the governing board shall, as required by law, establish policies for, develop, and approve, comprehensive plans. The governing board shall submit the comprehensive plans to the board of governors for review and approval. The governing board shall submit other plans as required by regulations of the board of governors that are adopted pursuant to Section 70901.5. 
(2) Establish policies for and approve courses of instruction and educational programs. The educational programs shall be submitted to the board of governors for approval. Courses of instruction that are not offered in approved educational programs shall be submitted to the board of governors for approval. The governing board shall establish policies for, and approve, individual courses that are offered in approved educational programs, programs  without referral to the board of governors.
(3) Establish academic standards, probation and dismissal and readmission policies, and graduation requirements not inconsistent with the minimum standards adopted by the board of governors.
(4) Employ and assign all personnel not inconsistent with the minimum standards adopted by the board of governors and  governors, fix and prescribe the duties to be performed by all persons in district service, and  establish employment practices, salaries, and benefits for all employees not inconsistent with the laws of this state.  
(5) To the extent authorized by law, determine and control the district’s operational and capital outlay budgets. The district governing board shall determine the need for elections for override tax levies and bond measures and request that those elections be called.
(6) Manage and control district property. The governing board may contract for the procurement of goods and services as authorized by law.
(7) Establish procedures that are consistent  not inconsistent  with minimum standards established by the board of governors to ensure faculty, staff, and students the opportunity to express their opinions at the campus level,  level and  to ensure that these opinions are given every reasonable consideration, to ensure  and  the right to participate effectively in district and college governance, and to ensure  the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.
(8) Establish rules and regulations governing student conduct.
(9) Establish student fees as it is required to establish   Assess required student fees established  by law, and, in its discretion, fees as it is authorized to establish by law. establish authorized fees. 
(10) In its discretion, receive and administer gifts,  establish policies for the receipt and administration of gifts, donations, bequests, devises,  grants, and scholarships. The approval of any state agency shall not be a prerequisite to acceptance by the governing board of a gift, donation, bequest, devise, grant, or scholarship. 
(11) Provide auxiliary services  services, which may include, but are not necessarily limited to, public and private partnerships and other entrepreneurial activities,  as deemed necessary to achieve the purposes of the community college.
(12) Within the framework provided by law, determine the district’s academic calendar, including the holidays it will observe.
(13) Hold and convey property for the use and benefit of the district. The governing board may acquire by eminent domain any property necessary to carry out the powers or functions of the district.
(14) Participate in the consultation process established by the board of governors for the development and review of policy proposals.
(c) In carrying out the powers and duties specified in subdivision (b) or any  other provisions of  statute, the governing board of each community college district shall have full authority to adopt rules and regulations, not inconsistent with the regulations of the board of governors and the laws of this state, that are necessary and proper to executing these prescribed functions.
(d) Wherever in this section or any other statute a power is vested in the governing board, the governing board of a community college district,  board,  by majority vote, may adopt a rule delegating the power to the district’s chief executive officer or any other employee or committee as the governing board may designate. However, the governing  board shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating authority shall prescribe the limits of the delegation.
(e) This section shall become operative on January 1, 2014. Whenever, in this code or in any other code or law, the phrase “governing board,” “board,” “board of trustees,” or similar phrase is used in reference to the governing body of a community college district, that reference shall be deemed a reference to the governing board of that district. 

SEC. 27.

 Section 71000 of the Education Code is amended to read:

71000.
 (a)  There is in the state government a Board of Governors of the California Community Colleges, consisting of 18 voting members,  16 voting members and one nonvoting member, appointed by the Governor,  as follows:
(a) Thirteen  Twelve  members, each appointed by the Governor  with the advice and consent of two-thirds of the membership of the Senate to six-year staggered terms. Two of these members shall be current or former elected members of local community college district governing boards. Any vacancy in these positions on the board of governors that are subject to the approval of the Senate shall be filled by the Governor, subject to confirmation by two-thirds of the membership of the Senate. 
(b) (1) (A) Two voting student members. Each student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivisions (a) and (c). One voting student member, and one nonvoting student member, who exercise their duties in accordance with the procedure set forth in paragraph (3). 
(B) A student member  These students  shall be enrolled in a community college with a minimum of five semester units, or its equivalent, at the time of the appointment and throughout the period of the student member’s term,  their terms,  or until a replacement has been named. A student member shall be enrolled in a community college at least one semester before the student member’s  prior to his or her  appointment, and shall meet and maintain the minimum standards of scholarship prescribed for community college students.
(C) Each student member shall be appointed by the Governor  from a list of names of at least three eligible  persons submitted to the Governor by the student organization recognized by the board of governors. California Student Association of Community Colleges.  
(2) The term of office of one student member of the board shall commence on July 1 of an even-numbered year, year  and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year, year  and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from the student member’s his or her  college on or after January 1 of the second year of the student member’s his or her  term of office may serve the remainder of the term.
(3) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivisions (a) and (c).
(4) Notwithstanding paragraph (3), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office.
(5) A vacancy in the office of student member shall be filled by appointment by the Governor.
(c) Two voting  tenured faculty members from a community college, who shall be appointed by the Governor  for two-year terms. The Governor shall appoint each faculty member from a list of names of at least three eligible  persons furnished by the Academic Senate of the California Community Colleges. Each seat designated as a tenured faculty member seat shall be filled by a tenured faculty member from a community college pursuant to this section and Section 71003. . A vacancy in office of either of the faculty members shall be filled by appointment by the Governor. 
(d) One voting classified employee, who shall be appointed by the Governor for a two-year term. The Governor shall appoint the classified employee member from a list of at least three eligible persons furnished by the exclusive representatives of classified employees of the California Community Colleges. Except for the student member and the faculty members, the terms of office of the members of the board of governors shall commence on January 15 and shall be six years. Each term of office shall commence at the expiration of the preceding term. 
(e) A member whose term has expired may, in accordance with Sections 1770 to 1780, inclusive, of the Government Code, continue to discharge the duties of the office until his or her successor is appointed.
(e) (f)  The Lieutenant Governor, who shall be a voting member. appointee to fill a vacancy shall hold office only for the balance of the unexpired term. 
(g) Members of the board of governors shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business.
(h) The board of governors shall establish the location of its headquarters.

SEC. 28.

 Section 71001 of the Education Code is repealed.

71001.
 (a) Except for the student member and the faculty members, the terms of office of the members of the board appointed by the Governor shall be as follows:
(1) To the terms expiring on January 15, 1990, the Governor shall appoint one person whose term shall expire on January 15, 1994; one current or former trustee whose term shall expire on January 15, 1996; and one other person whose term shall expire on January 15, 1996.
(2) To the terms expiring on January 15, 1991, the Governor shall appoint two persons whose terms shall expire on January 15, 1995; and two persons whose terms shall expire on January 15, 1997.
(3) To the terms expiring on January 15, 1992, the Governor shall appoint one person whose term shall expire on January 15, 1998; one current or former trustee whose term shall expire on January 15, 1998; and one person whose term shall expire on January 15, 1994.
(4) To the terms expiring on January 15, 1993, the Governor shall appoint three persons whose terms shall expire on January 15, 1999.
(5) Commencing January 15, 1993, all terms of office of the members of the board, except the terms of the student member and the faculty members appointed by the Governor, shall be six years.
(b) Each term of office shall commence at the expiration of the preceding term.
(c) A member whose term has expired may, in accordance with Section 1770 to 1780, inclusive, of the Government Code, continue to discharge the duties of the office until his or her successor is appointed by the Governor.

SEC. 29.

 Section 71002 of the Education Code is amended to read:

71002.
 (a)  Members of the board of governors  shall be selected from outstanding lay citizens of California who have a strong interest in the further development and improvement of the California Community Colleges.
(b) Members of the board, to the greatest extent possible, should be inclusive and representative of the many demographic groups found in California, and the board should reflect diversity of race and gender, and should include, among others, disabled persons and veterans. In furtherance of the mission of the California Community Colleges, a member of the board should embrace the basic role and responsibility of a member of the board to bring his or her own best thinking and personal views to the board’s discussion, determining his or her own position on each issue rather than being bound to represent or advocate for the positions of a particular organization or constituency.

SEC. 30.

 Section 71003 of the Education Code is repealed.

71003.
 (a) Except for the student members, the faculty members, and the classified employee member appointed by the Governor, any vacancy in an appointed position on the board shall be filled by appointment by the Governor, subject to confirmation by two-thirds of the membership of the Senate. A vacancy in the office of a student member, a faculty member, or the classified employee member shall be filled by appointment by the Governor.
(b) The appointee to fill a vacancy shall hold office only for the balance of the unexpired term.

SEC. 31.

 Section 71004 of the Education Code is repealed.

71004.
 (a) Members of the board shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day the member is attending to official business. The headquarters of the board and the chief executive officer shall be in Sacramento.
(b) The office of the Chancellor of the California Community Colleges shall allocate, from funds appropriated for this purpose pursuant to Item 6870-001-0001 of Section 2.00 of the annual Budget Act, four thousand dollars ($4,000) in financial assistance to a student member of the board, as described in subdivision (b) of Section 71000, for each semester, or quarterly equivalent, of each year the student is a student member on the board. This financial assistance shall be in addition to any need-based financial assistance and any private grants and scholarships received by the student.

SEC. 32.

 Section 71020 of the Education Code is amended to read:

71020.
  Commencing July 1, 1989, and on or before July 1 every three years thereafter, the board of governors shall develop and submit to the Governor a diversity paper concerning its own membership, providing the board’s assessment of its role in statewide representation of minorities, women, and the disabled.

SEC. 33.

 Section 71020.5 of the Education Code is amended to read:

71020.5.
 (a) It is the intent of the Legislature to accomplish both of the following:
(a) (1)  It is the intent of the Legislature in enacting this section to foster the creation, implementation, and phase-in of  Foster  a comprehensive community college accountability system that describes the performance of community colleges in meeting the postsecondary educational needs of students. This educational and fiscal accountability system shall provide performance data on students, programs, and institutions.
It (2)   is further the intent of the Legislature  Provide  that this accountability system will  assist all participants in the community college system, including students, faculty, staff, administrators, local governing boards, the chancellor, the state board of governors, the public, and other interested constituencies, in identifying the educational and fiscal strengths and weaknesses of colleges in order to improve educational quality in community colleges.
(b) The board of governors shall develop and implement a comprehensive community college educational and fiscal accountability system. In developing and implementing this system, the board of governors shall solicit consultation from institutional and organizational representatives of the California Community Colleges, including statewide faculty and staff organizations. At a minimum, the system shall do all of the following:
(1) Be consistent with the Legislature’s intent as expressed in this act, Chapter 136 of the Statutes of 1987, and Chapter 1465 of the Statutes of 1986.
(2) Draw from, and build upon, the system proposed in the report entitled “AB 3409 Community College Accountability Report,” prepared pursuant to Chapter 1465 of the Statutes of 1986.
(3) Be designed to promote student success in community colleges.
(4) Define and measure, quantitatively and qualitatively, accountability information, including all of the following:
(A) Student access to community colleges.
(B) The extent to which the community college student body reflects proportionately the adult population of the state.
(C) Student transfer rates and programs.
(D) Academic standards and student achievement.
(E) Student goal satisfaction and success in courses and programs.
(F) Completion rates of courses and programs.
(G) Occupational preparation relative to state and local work force  workforce  needs and for entry-level employment, occupational advancement, and career changes of students.
(H) Adequacy of basic skills and English as a second language courses and instruction in preparing students to succeed in collegiate level work.
(I) Adequacy of, and student satisfaction with, student services.
(J) The extent to which the community college work force  workforce  reflects proportionately the adult population of the state. state that is qualified for that workforce. 
(K) Fiscal conditions of community college districts.
(5) Be designed to streamline the use of multiple performance measures from appropriate sources of data, including, but not limited to, matriculation evaluations, categorical program evaluations, the community college management information system, and other existing data collection and evaluation systems.
(6) Provide feedback to individual colleges in order to improve access to community colleges, student performance, and educational programs where needed.
(7) Produce a published report of community college accountability.
(c) The Legislature finds and declares that successful implementation of a comprehensive educational and fiscal accountability system is, in part, dependent upon an adequate data collection and reporting system. The accountability system developed and implemented pursuant to this section shall be phased in, to the extent necessary, with the funding and local implementation of the community college management information system.

SEC. 34.

 Section 71021 of the Education Code is amended to read:

71021.
 (a)  All official acts of the board of governors  shall require the affirmative vote of a majority of the board, as determined by the policies of the board.  its policies.  The vote of all members shall be recorded.
(b) All meetings of the board of governors are subject to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 35.

 Section 71022 of the Education Code is repealed.

71022.
 All meetings of the board shall be open and public except as otherwise provided.
The board may hold executive sessions closed to the public to consider the employment of any person, or the dismissal or other form of disciplinary action to be taken against any officer or employee under the jurisdiction of the board, except where that person, officer, or employee requests a public hearing. The employment status of the Chancellor of the California Community Colleges is subject to this authority of the board. The board may exclude from that meeting, whether public or closed to the public, during the examination of a witness, any or all other witnesses in the matter being investigated.

SEC. 36.

 Section 71024 of the Education Code is repealed.

71024.
 The Board of Governors of the California Community Colleges has the duties, powers, purposes, responsibilities, and jurisdiction heretofore vested in the State Board of Education, Superintendent of Public Instruction, the Department of Education, and the Director of Education with respect to the management, administration, and control of the community colleges.
Whenever in any law other than a provision of the Education Code, enacted prior to January 1, 1977, relating to the management, administration and control of the community colleges reference is made to the State Board of Education, Superintendent of Public Instruction, the Department of Education, or the Director of Education, such reference shall be deemed to mean the Board of Governors of the California Community Colleges.

SEC. 37.

 Section 71025 of the Education Code is amended to read:

71025.
 (a) The name “California Community Colleges” is the property of the state. No person shall, without permission of the Board of Governors of the California Community Colleges,  board of governors,  use this name, or any abbreviation of it, including, but not necessarily limited to, the phrase “community colleges,”  or any name of which these words are a part in any of the following ways:
(1) To designate any business, or any  social, political, religious, or other organization, including including,  but not necessarily  limited to, any corporation, firm, partnership, association, group, activity or enterprise.
(2) To imply, indicate or otherwise suggest that any organization, or any product or service of that organization, provides support for or service to, or  is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more district or college of the  California Community Colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges.
(3) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program.
The (b)  (1)   provisions of this  This  section shall not preclude the use of the name “California Community Colleges” by any person or organization otherwise subject to this section using the name immediately prior to March 4, 1972. 1972 
, nor shall it limit the authority provided to community college districts under Section 72000.
(b) (2)  Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever.
(c) Every   A  person violating provisions  any provision  of this section is guilty of a misdemeanor.

SEC. 38.

 Section 71027 of the Education Code is amended to read:

71027.
 (a) The Board of Governors of the California Community Colleges  board of governors  shall develop, maintain, and disseminate a general common course numbering system for use by the community college districts.
(b) The office of the Chancellor of the California Community Colleges shall absorb the costs of developing, maintaining, and disseminating a general common course numbering system pursuant to this section within the office’s existing resources.

SEC. 39.

 Section 71028 of the Education Code is amended to read:

71028.
 The board of governors shall adopt regulations to ensure that the California Community Colleges, as a system, establish and apply the statewide participation goals for contracting with minority business enterprises and women business enterprises specified in Section 10115 of the Public Contract Code. The statewide participation goal for the California Community Colleges shall be based upon the total dollar amount of contracts awarded, with not less than 15 percent being awarded to  public works contracting processes that ensure nondiscrimination on the basis of race or gender and that provide equal opportunity for participation in public works contracting to all, including  minority business enterprises, and not less than 5 percent being awarded to women  women business enterprises, and disabled veteran  business enterprises. The regulations adopted by the board of governors shall be adapted from and consistent with the provisions of Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 1 of the Public Contract Code. shall ensure that districts are authorized, to the extent legally permissible, to eliminate the underrepresentation of minority business enterprises, woman business enterprises, and disabled veteran business enterprises in public works contracting. 

SEC. 40.

 Section 71029 of the Education Code is amended and renumbered to read:

71029.

It

71029. 78280. 
 (a) In accordance with Section 32500, it is the intent of the Legislature that the board of governors support programs that provide postsecondary educational opportunities and services for prison inmates, wards, and parolees of the Department of Corrections and the Department of the Youth Authority.
It  (b)  is the intent of the Legislature that the Board of Governors of the California Community Colleges, in cooperation with the Trustees of the California State University and Colleges and the Regents of the University of California, may support existing and additional programs which provide postsecondary educational opportunities and services for prison inmates, wards, and parolees of the Department of Corrections and the Department of the Youth Authority. The board of governors may support programs developed and operated cooperatively by at least one correctional institution and a two- or four-year college.  Priority shall be given to programs linking more than two correctional institutions, educational agencies, parolee programs, community agencies, and potential employers. The board of governors may support existing programs and additional demonstration projects which have one or more of the following components:
(a) (1)  Academic and vocational instructional programs at the postsecondary educational level offered inside state prisons, county jails, or Department of the Youth Authority institutions.
(b) (2)  Information, counseling, and tutoring services for inmates, wards, and ex-offenders presently enrolled or interested in a postsecondary educational program.
(c) (3)  Courses for inmates and wards which also serve prison personnel and college students who are not incarcerated.
(d) (4)  Cooperative efforts linking postsecondary education programs with potential employers of ex-offenders.
(e) (5)  Research on alternative methods of assessing academic abilities of inmates and alternative ways of making available education to inmates and ex-offenders.
(c) So long as all other requirements of eligibility for state apportionment are satisfied, state apportionments shall be available for classes held inside state or federal prisons and for classes for inmates that are not open to the public.

SEC. 41.

 Section 71040 of the Education Code is amended to read:

71040.
 (a)  The board of governors may allow actual and necessary travel expenses to community college students, faculty, staff, or other community college officials or employees employees,  who serve on study teams, task forces, or similar groups formed by the board of governors or by the chancellor’s office and who, in these capacities, attend meetings of any association, organization, or agency that which  has as its principal purpose the study of matters pertinent to education or to a particular field or fields of education relevant to community colleges.  
(b) The board of governors shall authorize the allowance of actual and necessary traveling expenses for members and employees of the board of governors for the following purposes or similar purposes:
(1) Attending meetings of any national association or organization having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of that association.
(2) Conferring with officers or employees of the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California.
(3) Conferring with officers or employees of other states engaged in the performance of similar duties.
(4) Obtaining information useful to the agency in the conduct of its work.
(c) When traveling outside the state, travel and expenses shall be approved by the Governor and the Director of Finance as provided in Section 11032 of the Government Code.

SEC. 42.

 Section 71046 of the Education Code is repealed.

71046.
 The Board of Governors of the California Community Colleges may accept on behalf of, and in the name of, the state gifts, donations, bequests, and devises that may be made to the board of governors, or to any school or other institution under the jurisdiction of the board of governors whenever the gift, donation, bequest, or devise and the terms and conditions thereof, will aid the Board of Governors of the California Community Colleges in carrying out its primary functions, as specified in Sections 70900 to 70902, inclusive. Gifts, donations, bequests, and devises may be made subject to the conditions or restrictions as the board of governors may deem advisable.

SEC. 43.

 Section 71049 of the Education Code is repealed.

71049.
 For the purposes of Government Code Section 11032, the following constitute, among other proper purposes of like or different character, state business for officers and employees of the board of governors and the chancellor’s office for which the officers and employees shall be allowed actual and necessary traveling expenses:
(a) Attending meetings of any national association or organization having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of such association.
(b) Conferring with officers or employees of the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California.
(c) Conferring with officers or employees of other states engaged in the performance of similar duties.
(d) Obtaining information useful to the agency in the conduct of its work.
When traveling is outside the state, traveling and expense shall be approved by the Governor and Director of Finance as provided in Government Code Section 11032.

SEC. 44.

 Section 71050 of the Education Code is amended to read:

71050.
 (a) The board of governors shall survey local community college districts to determine the level and type of services needed and available for welfare recipients pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
(b)  The Board of Governors of the California Community Colleges shall survey local community college districts to determine the level and type of services needed and available for welfare recipients pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. The Board of Governors of the California Community Colleges shall  board of governors shall  develop a plan and standards for the level of participation by community college districts required to meet the goal of providing open entry/open exit education, skills training, assessment, and counseling to these recipients. The plan shall provide for local in-service training and technical assistance to community college districts in development of contracts and programs in cooperation with county welfare agencies, service delivery areas under the Job Training Partnership Act, and others necessary to carry out the intent of that article. The plan shall also provide for the identification of necessary funding levels and sources of funding, including employer-based training and funds available under Section 202(b)(1) of the Job Training Partnership Act, to meet the goals of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and the development and implementation of monitoring and reporting tools for the continued participation of community college districts in the provision of services under contracts required by that article.

SEC. 45.

 Section 71051 of the Education Code is repealed.

71051.
 (a) The board of governors shall develop a process for the approval and funding of new collaborative facilities projects that are proposed by community college districts.
(b) The board of governors shall not implement subdivision (a) without statutory authorization.

SEC. 46.

 Section 71090 of the Education Code is amended to read:

71090.
 (a) The board of governors  shall appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges, and fix his or her duties, responsibilities, and  compensation.
(b) The chancellor shall execute the duties and responsibilities as may be delegated to him or her by the board. Whenever in this code a power is vested in the board, the board, by a majority vote, may adopt a rule delegating that power to the chancellor or any officer, employee, or committee as the board may designate. The rule shall prescribe the limits of the delegation. board of governors shall employ and fix the compensation, in accordance with law, of assistants, clerical, and other employees as it deems necessary for the effective conduct of work of the board and the chancellor’s office. Notwithstanding Section 19849.5 of the Government Code, the board of governors shall designate the headquarters for each of its employees. 
(c) In addition to the position authorized by subdivision (e) of Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the board of governors, shall appoint up to six deputy and vice chancellors, who shall be exempt from state civil service. The appointments shall not exceed an aggregate total of six, for both the positions of deputy and vice chancellor.

SEC. 47.

 Section 71090.5 of the Education Code is repealed.

71090.5.
 In addition to the position authorized by subdivision (e) of Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the board of governors, shall appoint up to six deputy and vice chancellors, who shall be exempt from state civil service. The appointments shall not exceed an aggregate total of six, for both the positions of deputy and vice chancellor.

SEC. 48.

 Section 71092 of the Education Code is repealed.

71092.
 (a) The board of governors shall employ and fix the compensation, in accordance with law, of assistants, clerical, and other employees as it deems necessary for the effective conduct of the work of the board and the chancellor’s office.
(b) Notwithstanding Section 19849.5 of the Government Code, the Board of Governors of the California Community Colleges shall designate the headquarters for each of its employees, except as provided in Section 71004.

SEC. 49.

 Section 71094 of the Education Code is amended and renumbered to read:

71094.

The chancellor’s office
71094. 71053. 
 The chancellor’s office  board of governors  may contract with community college districts for the performance of administrative services for the system, including those that are  necessary to implement Section 12419.7 of the Government Code. The chancellor’s office  Code, and  may charge the districts that utilize the services  for the costs of those administrative services.

SEC. 50.

 Section 72000 of the Education Code is amended to read:

72000.
 (a) The district and its governing board may sue and be sued, and shall act in accordance with Section 70902. The governing board is liable, in the name of the district, for all debts and contracts not made in excess of the moneys accruing to the district and usable for the purposes of the debts and contracts during the college year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section. 
(b) The district name shall be adopted and changed as follows:
(1) The first governing board of any new community college district shall, at the first meeting of the board or as soon as practicable thereafter, name the district. The district shall be designated as the “____ Community College District.”
(2) The governing board of a community college district may, by resolution, change the name of the district or of any of the community colleges maintained by the district. However, the name shall continue to contain the words “Community College District” or “Community College,” as appropriate.
(3) Whenever a petition is presented to the governing board of a community college district, signed by at least 15 qualified electors of any community college district, asking that the name of the district, be changed, the governing board shall, at its next regular meeting, designate a day upon which it will conduct a hearing and act upon the petition, which hearing shall not be less than 10 days nor more than 40 days after that regular meeting. The clerk of the governing board shall give notice to all interested parties by sending a notice of the time for the hearing of the petition. Notices shall be mailed at least 10 days before the day set for the hearing. At the hearing the board shall by resolution either grant or deny the petition, and if the petition is granted, the clerk shall notify the Board of Governors of the California Community Colleges of the change of the name of the district or of any community college maintained by the district.
(4) (c)  The name “____ Community College District” and the names of community colleges maintained by the district are the property of the district. No person shall, without permission of the governing  board, use these names, or any abbreviation of them, or any name of which these words are a part in any of the following ways:
(A) (1)  To designate any business, social, political, religious, or other organization, including, but not necessarily  limited to, any corporation, firm, partnership, association, group, activity or enterprise.
(B) (2)  To imply, indicate or otherwise suggest that any organization, or any product or service of the organization is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California community colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges.
(C) (3)  To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising advertising,  or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition opposition,  or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity activity,  or program.
(D) (4)  The provisions of this section shall This section does  not preclude the use of the name “____ Community College” or “____ Community College District” by any person or organization otherwise subject to this section using the name immediately prior to the effective date of this section,  October 14, 1991,  so long as the name is not used in additional, different ways.
(E) (5)  Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional professional,  or other employment whatsoever.
(5) (d)  Any reference to junior colleges or junior college districts in any law shall be deemed to refer to community colleges and community college districts, respectively.
(c) (e)  Meetings of the governing board shall be held as follows:
(1) (A)  Within 20 days after the appointment of the community college governing  board provided for by Section 72023, the board of governors shall call an initial organizational meeting of the governing  board by giving at least 10 days’ notice by registered mail to each member, for the purposes of organizing the community college board.  governing board. 
(B)  At the initial organizational meeting meeting,  the community college  governing  board shall organize by electing a president from its members and a secretary, and may transact any other business relating to the affairs of the community college  district.
(2) (A)  The governing board of each community college district shall hold an annual organizational meeting.  meeting to elect a president from its members and to elect a secretary.  In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the  at either of the next two regular meetings following the  date upon which a governing  board member elected at that election takes office. Organizational meetings in years in which no regular election for governing board members is conducted shall be held during the same 15-day period on the calendar. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected by the board at its regular meeting held immediately prior to the first day of such 15-day period, and the board shall notify the county superintendent of schools of the day and time selected. The secretary of the board shall, within 15 days prior to the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting.  as though an election were conducted. 
(B) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, prior to the first day of such 15-day period and after the regular meeting of the board held immediately prior to the first day of the 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. He or she shall notify in writing all members and members-elect of the date and time.
(C) At the annual meeting, the governing board of the community college district shall organize by electing a president, from its members, and a secretary.
(3) As an alternative to the procedures set forth in paragraph (2), in a community college district the boundaries of which are coterminous with the boundaries of a city and county, the governing board members of which district are elected in accordance with a city and county charter, the annual organizational meeting of the governing board may be held between January 8 and January 31, inclusive, as provided in rules and regulations adopted by the board. At the annual organizational meeting the community college district governing board shall organize by electing a president and vice president from its members.
(4) (3)  Subject to this section, the governing board of any community college district  The governing board  shall hold regular monthly meetings meetings,  and shall by rule and regulation  fix the time and place for its regular meetings. The action shall be given proper notice to all members of the board of the regular meetings.  
(d) (f)  The governing board shall conduct its meetings as follows:  hold its meetings in accordance with Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code and with Section 72121. This subdivision is declaratory of existing law. 
(1) A notice identifying the location, date, and time of the meeting shall be posted in each community college maintained by the district at least 10 days prior to the meeting and shall remain so posted to and including the time of the meeting.
(2) The governing board shall conduct its meetings within the boundaries of the community college district, except as provided in subparagraphs (A) and (B).
(A) The governing board may meet outside of its district boundaries for the limited purpose of meeting with another local agency so long as the meeting meets both of the following criteria:
(i) The meeting occurs within the boundaries of one of the participating local agencies.
(ii) The meeting is open and accessible to the public, including the residents of the district whose board is meeting outside the boundaries of the district.
(B) The governing board may meet outside of its district boundaries if the board finds it necessary to meet in closed session with its attorney to discuss pending litigation and if the attorney’s office is located outside of the boundaries of the district.
(3) (g)  (1)  Except as otherwise provided by law, the governing board shall act by majority vote of all of the membership constituting the governing board.
(4) (2)  Every official action taken by the governing board of every community college district  shall be affirmed by a formal vote of the members of the board, and the governing board of every community college district  vote. The governing board  shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken.
(5) (3)  Notwithstanding any other provision of law, if a community college district  governing board consists of seven members members,  and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority. Whenever any of the provisions of this code require  provision of law requires the  unanimous action of all or a specific number of the members elected or appointed to  of  the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board.

SEC. 51.

 Section 72011 of the Education Code is amended to read:

72011.
 Every community college district shall provide access to its services, classes, and programs without regard to the characteristics listed in Section 66270. race, ethnic group identification, age, religious creed, color, national origin, ancestry, disability, or gender. 

SEC. 52.

 Section 72013 of the Education Code is repealed.

SEC. 53.

 Section 72014 of the Education Code is amended to read:

72014.
 No funds under the control of a community college district shall ever be used for membership or for any participation involving a financial payment or contribution, on behalf of the district or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270.  race, ethnic group identification, creed, age, religion, color, national origin, ancestry, disability, or gender.  This section does not apply to any public funds that which  have been paid to an individual officer or employee of the district as salary, or to any funds that which  are used directly or indirectly for the benefit of student organizations.

SEC. 54.

 Section 72022 of the Education Code is amended to read:

72022.
 (a)  The county committee on school district organization, upon petition of the governing board of any community college district, may provide for the establishment, rearrangement, or abolishment of trustee areas in any community college district or increase or decrease the number of members of the governing board, in the same manner as trustee areas may be provided for in other districts under Sections 5020 to 5024, inclusive.
(b) Notwithstanding subdivision (a), upon petition of the governing board, the board of governors is authorized to approve a proposal from the governing board to increase or decrease the number of members of the board to address unique circumstances that warrant this action. The board of governors may approve the petition, by resolution, upon a finding by the board of governors that the mission of the district would be better served by the increase or decrease and that other unique circumstances warrant that action. The approval of a petition under this subdivision shall constitute an order of election, and the issue shall be presented to the electors of the district no later than the next succeeding election for members of the governing board, in accordance with Sections 5020 to 5024, inclusive, without action of the county committee on school district organization for that county.
(c)  When trustee areas are established or rearranged under this section, governing board members shall be elected for four-year terms, and shall be either five or seven in number. The number of trustee areas shall not be less than two nor more than seven. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year.
(d) Notwithstanding any other provision of law:
Subject (1)   to provisions of this section, any resident and registered elector of the school district not disqualified by the Constitution or laws of the state is eligible to candidacy for, and appointment and election to,  If a proposal for the establishment of trustee areas is approved by a majority of the voters voting at the election, the establishment of trustee areas shall be effective upon the expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to  the governing board of a community college district in which trustee areas have been provided under this section. during the year of the election approving the establishment of trustee areas, whichever is shorter. 
(2) The term of any member serving on the governing board on the date of the election approving the establishment of trustee areas shall be shortened until the date of expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the governing board during the year of the election approving the establishment of trustee areas, whichever is shorter.
(3) Vacancies shall be filled as provided by other provisions of law, and the term of the person filling the vacancy shall be determined in accordance with paragraph (2).
(e)  When trustee areas are established or rearranged under this section, the petition to the county committee by the governing board shall provide for election of trustees by one of the following methods:
(a) (1)  Election of an elector residing in and registered to vote in the trustee area he or she  seeks to represent, by only the registered electors of the same trustee area; area 
.
(b) (2)  Election, Election  of an elector residing in and registered to vote in the trustee area he or she  seeks to represent, by the registered electors of the entire community college district.

SEC. 55.

 Section 72023 of the Education Code is amended to read:

72023.
 (a)  In every community college district in which trustee areas have not been established, there shall be a governing board of either five or seven members elected at large from the district to serve a term of four years. If trustee areas have been established in a community college district  district,  the governing board shall consist of a member or members from each trustee area. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year.
(b)  In the Peralta Community College District, the governing board may consist of not to exceed 15 members, if the governing board so determines, whether or not trustee areas have been established.
The (c)   governing board of the Redwoods Community College District may consist of eight members, provided the area contained in the Fort Bragg Unified School District and the Mendocino Unified School District is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. Such governing board may consist of nine members if, in addition to the annexation specified above, the area contained within Del Norte County is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. Notwithstanding subdivision (a), each district shall retain the number of board members authorized as of January 1, 2003, until that number is changed in accordance with this article. 

SEC. 56.

 Section 72023.5 of the Education Code is amended to read:

72023.5.
 (a) (1) (A)  The governing board of each community college district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more students.  nonvoting students who are residents of California as determined pursuant to Part 41 (commencing with Section 68000).  These students shall have the right to attend each and all meetings of the governing board, except that student members shall not have the right, or be afforded the opportunity, to attend executive sessions of the governing board. 
(B)  A student member shall have the opportunity to cast an advisory vote immediately before votes are cast by the regular members of the governing board.  as specified in subdivision (b). 
(2) A student The students  selected to serve on the governing board  board, in addition to being residents of California as determined pursuant to Part 41 (commencing with Section 68000),  shall be enrolled in a community college of the district and ,  shall be chosen, and shall be recalled, by the students enrolled in the community colleges of the district in accordance with procedures prescribed by the governing board. If the seat of a student member becomes vacant during the student member’s term, the governing board may authorize the officers of student body associations established pursuant to Section 76060 at each community college in the district to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board.  A student member shall be required  required, when standing for election and  throughout the term of the student member’s his or her  appointment to be enrolled in a community college of the district for at least five semester units, or its equivalent, and shall meet and maintain the minimum standards of scholarship for community college students prescribed by the community college  district. The term of a the  student member members  shall be one year commencing on June 1 of each year.
(3) A student member appointed pursuant to this section shall be entitled to mileage allowance to the same extent as a regular member, but is not entitled to the compensation prescribed by Section 72024.
(4) (3)  A nonvoting  student member shall be seated with the members of the governing board and shall be recognized as a full member of the board at the meetings, including receiving  meetings. A nonvoting student member shall receive  all materials presented to the board members and participating participate  in the questioning of witnesses and the discussion of issues.
(5) (4)  A  The nonvoting  student member shall not be included in determining the vote required to carry any measure before the governing  board.
(6) (5)  A  The nonvoting  student member shall not be liable for any acts of the governing board.
(b) Notwithstanding subdivision (a), a   The  student member or members  selected to serve on the governing board of a community college district  pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing board.
(2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board.
(3) Receive compensation, at the discretion of the governing board, up to the amount prescribed by  compensation as provided in  Section 72024.
(4) Serve a term of one year commencing on May 15 of each year, at the discretion of the governing board.
(c) It is the intent of the Legislature that any decision or action, including any contract entered into pursuant thereto, upon the motion or second of a motion of a student member, shall be fully legal and enforceable against the community college  district or any party thereto.
(d) The governing board of each community college district that affords the student member or members of the board any of the privileges enumerated in subdivision (b)  shall, by May 15 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until May 15 of the following year. , to the extent they apply to paragraphs (1), (3), and (4) of subdivision (b), may not be revised so that the revisions apply during the term of the current student member. 
(e) If a state court finds this section is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under this statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded. In any action in which the court finds this section is unlawful, the California Community Colleges are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief.

SEC. 57.

 Section 72025 of the Education Code is repealed.

72025.
 (a) The governing board of the Long Beach Community College District may establish trustee areas pursuant to this section.
(b) Notwithstanding any other provision of law:
(1) If a proposal for the establishment of trustee areas is approved by a majority of the voters voting at the election, the establishment of trustee areas shall be effective upon the expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter.
(2) The term of any member serving on the board on the date of the election approving the establishment of trustee areas shall be shortened until the date of expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter.
(3) Vacancies shall be filled as provided by other provisions of law and the term of the person filling the vacancy shall be determined in accordance with paragraph (2).

SEC. 58.

 Section 72026 of the Education Code is amended to read:

72026.
 (a)  Notwithstanding any other  provision of law to the contrary,  ,  if the governing board of a community college district finds that the boundaries of trustee areas do not conform to the district’s geography or population distribution due to annexation of territory to the district after the trustee boundaries were formed, the board may, in its discretion,  governing board may  order a special election seeking voter approval for rearrangement of such these  areas in the manner provided in this section.
(b)  Upon adoption of a resolution by a majority of the members, the governing  board shall call and conduct at least one (1)  public hearing on the proposed rearrangement of trustee area boundaries by publishing notice thereof in accordance with Section 6061 of the Government Code. The notice shall be published at least 10 days prior to each hearing to be held  ,  and shall state the time and place of the hearing and the general nature of the proposed boundary rearrangement.
(c)  At the conclusion of such a  public hearing or hearings, the governing  board may adopt a resolution by majority vote of the members thereof ordering a special election on the proposed rearrangement of trustee areas within the district. The election shall be consolidated with the next scheduled primary or general statewide election and shall be called and conducted by the county superintendent of schools having jurisdiction in the manner otherwise prescribed for elections in Chapter 3 (commencing with Section 5300) of Part 4 of Division 1 of Title 1. 
.
(d)  The ballot shall contain the following words properly located thereon: “For the rearrangement of trustee areas in ____ (insert name) District—Yes” and “For the rearrangement of trustee areas in ____ (insert name) District—No.” District —No.” 
(e)  If the proposal for the rearrangement of trustee areas within the district pursuant to this section is approved by a majority of the electors voting at the election election,  and it appears that one or more trustee areas in the district will not be represented in the membership of the governing board or that one or more trustee areas will have more than its allotted number of representatives in the membership of the governing board, the county superintendent of schools having jurisdiction shall call and conduct an election to determine who shall represent such the  trustee area or areas at the next regular election for community college trustees as otherwise provided by law. The term of office of a newly elected and qualified member shall expire on the date the term of the former member would have expired if the former member had remained in office. If the offices of two or more members become vacant due to the operation of this paragraph, subdivision,  the superintendent shall determine by lot which term of office of the  former members shall  is to  be assumed by which each  of the newly elected and qualified members.

SEC. 59.

 Section 72026.5 of the Education Code is amended to read:

72026.5.
 Notwithstanding any other provision of law, in any district which has annexed or annexes territory resulting in a proposal for a rearrangement of trustee areas and which holds an election pursuant to Section 72026 and  in which  a rearrangement of boundaries is approved by the voters, in the event that such the  rearrangement results in a trustee area having more or fewer than its allotted number of representatives, a governing board member representing a particular trustee area whose boundaries are rearranged so that he or she no longer resides within the trustee area may serve out his or her term of office as that area’s representative. Succeeding representatives shall be selected in the manner provided by law.  

SEC. 60.

 Section 72027 of the Education Code is amended to read:

72027.
 (a) Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts.
(b) The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the second first  Friday in December following their election.
(c) Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts.
(d) The majority of the members of the first elected governing  board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the second first  Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the second first  Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified.

SEC. 61.

 Section 72029 of the Education Code is amended to read:

72029.
 The   To the extent permitted by law, the  governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices. for board membership. 

SEC. 62.

 Section 72031 of the Education Code is amended to read:

72031.
 The provisions  (a)   of this section shall apply  This section applies  only to the Los Angeles Community College District.
(a) (b)  Whenever in this code a section refers to a district, or to two or more districts, governed by a single governing board, or by governing boards of identical personnel, or to a district or districts in which the average daily attendance is in excess of 400,000, or makes a similar reference, all provisions of the section shall apply with equal force to both the city school district and community college district.
(b) (c)  Commencing with the 2019 election for the  Members of the  governing board of the Los Angeles Community College District, and each election thereafter, the governing board may adopt a resolution by majority vote to enact an alternative method by which members of the governing board of the Los Angeles Community College District may be elected by trustee area. The trustee shall be required to reside and be registered to vote in the trustee area he or she seeks to represent, and the trustee shall be elected by only the registered electors of the same trustee area. Upon certification of the election, the candidate with the highest number of votes for a trustee area shall be deemed the candidate elected for that trustee area. District shall be elected for four-year terms, beginning on July 1 of odd-numbered years. The start of the terms for seats designated as numbers 2, 4, and 6 shall alternate with the start of the terms for seats designated as 1, 3, 5, and 7. This subdivision is declaratory of existing law. 

SEC. 63.

 Section 72034 of the Education Code is repealed.

72034.
 Notwithstanding any provision of Chapter 366 of the Statutes of 1982, the terms of office of the members of the governing board of the Santa Monica Community College District whose terms were scheduled to expire in April 1985, expired in November 1984, and the terms of office of those members whose terms were scheduled to expire in April 1987, shall expire in November 1986.
The terms of the members elected in November of even-numbered years shall commence on the first Tuesday following that election, and those elected shall serve for a term of four years. Each member shall continue to serve until his or her successor in office is elected and qualified.
This section is declaratory of existing law.

SEC. 64.

 Section 72103 of the Education Code is amended to read:

72103.
 (a) Any person, regardless of sex, gender,  who is 18 years of age or older, a citizen of the state, a resident of the community college district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a community college district without further qualifications.
(b) (1)  An employee of a community college district may not be sworn into office as an elected or appointed member of that community college  district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being  when he or she is  sworn into office.
(2) For any individual who is an employee of a community college district and an elected or appointed member of that community college district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the community college district’s governing board. This section does not apply to an individual who is usually employed in an occupation other than teaching and who also is employed part time by the community college district to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation.
(c) Notwithstanding any other provision of law, the governing board of a community college district may adopt or the residents of the community college district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the community college district  may serve on the governing board of a community college district.  .  Any proposal to limit the number of terms a member of the governing board of a community college district  may serve on the governing board of a community college district  shall apply prospectively only and shall not become operative unless it is submitted to the electors of the community college district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code.

SEC. 65.

 Section 72104 of the Education Code is amended to read:

72104.
 No member of the governing board of a community college district shall, during the term for which he or she was elected, be eligible to serve on the governing board of a high school district whose boundaries are coterminous with those of the community college district.

SEC. 66.

 Section 72121 of the Education Code is amended to read:

72121.
 Except as  (a)   provided in Sections 54957 and 54957.6 of the Government Code and in Section 72122 of, and subdivision (c) of Section 48914 of, this code, all  All  meetings of the governing board of any a  community college district shall be open to the public, and all actions authorized or required by law of the governing board shall be taken at the meetings and shall be subject to the following requirements: 
subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.
(b) Members of the public shall be able to place matters directly related to district business on the agenda.
(c) Notices of meetings shall be posted in a location that is freely accessible to members of the public and district employees and students.
(d) In addition to closed sessions authorized by the Ralph M. Brown Act, a governing board may hold closed sessions to consider or discuss the conferring of honorary degrees or other honors or commemorations, to consider a challenge to an education record pursuant to Chapter 1.5 (commencing with Section 76200) of Part 47, to consider gifts, devises, and bequests, or to consider the purchase or sale of investments for endowment funds.
(e) While a witness is being examined during any open or closed session, any or all other witnesses may be excluded from the governing board proceedings.
(f) (1) A governing board may hold closed sessions to consider the suspension, expulsion, or other disciplinary action or any other action in connection with any student of the district, if a public hearing or deliberation would lead to disclosure of information concerning students or district officers or employees that would be in violation of state or federal law regarding privacy.
(2) Before calling a closed session to consider these matters, the governing board shall, in writing, by registered or certified mail or by personal service, notify the student of the intent of the board to call and hold the closed session. If the student is a minor and a dependent, as defined in Section 152 of Title 26 of the United States Code, the notice of intent may be given to the parent or guardian of the dependent minor student as well as to the student.
(3) Unless the student, or the parent or guardian of a dependent minor student requests, in writing, within 48 hours after receipt of the written notice of intent, that the hearing be held in public, then the hearing shall be conducted in closed session. If the written request is served on the clerk or secretary to the governing board, the hearing shall be public, except that any discussion that might be in conflict with the right to privacy of any student other than the student requesting the public meeting or on behalf of whom the meeting is requested or district officer or employee shall be in closed session.
(4) Any final action of the governing board related to suspension or expulsion of a student shall be taken at a public meeting, and shall be a public record.
(a) (g)  Minutes shall be taken at all of those meetings, recording all actions taken by the governing board. The minutes are public records and shall be available to the public. The governing board shall meet within the boundaries of the district, except as provided in the Ralph M. Brown Act, to meet in closed session with its attorney to discuss pending litigation if the attorney’s office is located outside the boundaries of the district, or to meet with another local agency so long as the meeting meets both of the following criteria: 
(1) The meeting occurs within the boundaries of one of the participating local agencies.
(b) (2)  An agenda shall be posted by the governing board, or its designee, in accordance with the requirements of Section 54954.2 of the Government Code. Any interested person may commence an action by mandamus or injunction pursuant to Section 54960.1 of the Government Code for the purpose of obtaining a judicial determination that any action taken by the governing board in violation of this subdivision or subdivision (b) of Section 72129 is null and void. The meeting is open and accessible to the public, including the residents of the district whose governing board is meeting outside the boundaries of the district. 

SEC. 67.

 Section 72121.5 of the Education Code is repealed.

72121.5.
 It is the intent of the Legislature that members of the public be able to place matters directly related to community college district business on the agenda of community college district governing board meetings, and that members of the public be able to address the board regarding items on the agenda as such items are taken up. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. Such regulations may specify reasonable procedures to insure the proper functioning of governing board meetings.
This subdivision shall not preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that no action is taken by the board on such matters at the same meeting at which such testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting.

SEC. 68.

 Section 72122 of the Education Code is repealed.

72122.
 The governing board of a community college district shall, unless a request by the student has been made pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary action or any other action in connection with any student of the community college district, if a public hearing upon the question would lead to the giving out of information concerning students which would be in violation of state or federal law regarding the privacy of student records.
Before calling a closed session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the student is a minor, notify the student and his or her parent or guardian, or the student if the student is an adult, of the intent of the governing board of the district to call and hold the closed session. Unless the student, or his or her parent, or guardian shall, in writing, within 48 hours after receipt of the written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider those matters shall be conducted by the governing board in closed session. If the written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at the meeting that might be in conflict with the right to privacy of any student other than the student requesting the public meeting or on behalf of whom the meeting is requested, shall be in closed session. Whether the matter is considered at a closed session or at a public meeting, the final action of the governing board of the community college district shall be taken at a public meeting and the result of that action shall be a public record of the community college district.
The governing board of a community college district may hold closed sessions to consider the conferring of honorary degrees or to consider gifts from a donor who wants to remain anonymous.

SEC. 69.

 Section 72129 of the Education Code is repealed.

72129.
 (a) Special meetings may be held at the call of the president of the board or upon a call issued in writing and signed by a majority of the members of the board.
(b) A notice of the meeting shall be posted at least 24 hours prior to the special meeting and shall specify the time and location of the meeting and the business to be transacted and shall be posted in a location that is freely accessible to members of the public and district employees.

SEC. 70.

 Section 72203.5 of the Education Code is amended and renumbered to read:

72203.5.
72203.5. 72036. 
 A member of the governing board of a community college district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the  at the same time, notify the governing board of this action. Until the  effective date of the resignation, the member shall  continue to have the right to exercise all powers of a member of the governing board, except that such this  member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091.

SEC. 71.

 Section 72205 of the Education Code is repealed.

72205.
 The approval of any state agency shall not be a prerequisite to acceptance by the governing board of any community college district of a gift, donation, bequest, or devise. No real or personal property, including money, accepted by a governing board pursuant to this section shall be considered in determining the eligibility of the district for an apportionment from the State School Fund nor in determining the amount thereof.

SEC. 72.

 Section 72207 of the Education Code is repealed.

72207.
 The governing board of a community college district may secure copyrights, in the name of the district, to all copyrightable works developed by the district, and royalties or revenue from said copyrights are to be for the benefit of the district securing said copyrights.

SEC. 73.

 Section 72330.2 of the Education Code is amended to read:

72330.2.
 Every member of a California Community College community college district  police department first employed by a California Community College  district before July 1, 1999, shall, in order to retain his or her employment, fulfill both of the following conditions:
(a) The employee shall submit to the district one copy of his or her fingerprints on forms prescribed by the Department of Justice. The Department of Justice shall forward this copy to the United States Federal Bureau of Investigation.
(b) The employee shall be determined to be a person who is not prohibited from employment by the California Community College  district, and, if the employee is required to carry a firearm, shall be determined by the Department of Justice to be a person who is not prohibited from possessing a firearm.
(c)  The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this section relating to firearms.

SEC. 74.

 Section 72330.5 of the Education Code is amended and renumbered to read:

72330.5.
72330.5. 72333. 
 (a) It is the intent of the Legislature to ensure the safety of students, pupils,  staff, and the public on or near California’s community colleges, by providing community college security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter.
(b) (1) After  Every   July 1, 2000, every  school security officer employed by a community college district shall complete the latest  who works more than 20 hours per week as a school security officer shall complete a  course of training developed no later than July 1, 1999,  by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.45 7583.31  of the Business and Professions Code. If a any  community college security officer subject to the requirements of this subdivision is required to carry a firearm while employed, that security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code.
(2) A community college district shall provide the training required pursuant to this subdivision to all school security officers who are employees of the community college district. A community college district shall provide the training during the employee’s regular work hours, unless otherwise negotiated and mutually agreed upon with the employee’s exclusive representative.
(3) This subdivision does not require a community college district to provide training to security guards who are not employees of the community college district, including security guards who work on the property of the community college district pursuant to a contract with a private licensed security agency. A community college district that contracts for security services shall comply with the requirements of Section 88003.1.
(4) This subdivision shall not apply to a school security officer employed by a community college district who works 20 or fewer hours per week as a school security officer until July 1, 2021.
(c) For purposes of this chapter, article,  “security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by the community college district to protect persons or property or to prevent the theft or unlawful taking of community college  district property of any kind or to report any unlawful activity to the community college  district and local law enforcement.
(d) (1) No  A  security officer shall not  be employed and or  shall not  continue to be employed by a community college district  the district after July 1, 2000,  until both of the following conditions have been met:
(A) (1)  (i) (A)  The applicant or employee has submitted to the community college  district two copies of their  his or her  fingerprints on forms or electronically, as prescribed by the Department of Justice. The community college  district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation.
(ii) (B)  An applicant or employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of their  his or her  fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.
(iii) (C)  An applicant or employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision.
(B) (2)  The applicant or employee has been determined not to be a person legally prohibited from employment by the community college district,  and has been determined by the Department of Justice not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm.
(2) (e)  The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this  subdivision (d)  relating to firearms.
(f) Every security officer employed by a community college district prior to July 1, 2000, who works more than 20 hours a week as a school security officer shall meet the requirements of subdivision (b) by July 1, 2002, unless he or she has completed an equivalent course of instruction pursuant to Section 832.2 of the Penal Code.

SEC. 75.

 Section 72331 of the Education Code is amended to read:

72331.
 Every member of a community college police department shall be supplied with, and authorized to wear, a badge bearing the words “Community College Police”, Police,”  prefaced by the name of the district, and shall be issued a suitable identification card bearing his or her physical description, photograph, and authority for peace officer status, and such  other identification data as may be  that is  required by local law enforcement agencies, countersigned by the chief administrative officer of the district. The governing board may direct the wearing of a distinctive uniform and shall prescribe such a  that  uniform. The governing board shall pay for the required uniforms, equipment, identification cards, and badges.

SEC. 76.

 Section 72332 of the Education Code is amended to read:

72332.
 Any vehicle, when operated in the performance of his or her duties by any member of the community college  police department, is an authorized emergency vehicle and may be equipped and operated as such  an emergency vehicle  as provided by the Vehicle Code.

SEC. 77.

 Section 72400 of the Education Code is repealed.

72400.
 The governing board of each community college district shall fix and prescribe the duties to be performed by all persons in community college service in the district.

SEC. 78.

 Section 72401 of the Education Code is amended to read:

72401.
 (a) Notwithstanding any other provisions of law, any person may be permitted by the governing board of any community college district to serve as a nonteaching volunteer aide under the immediate supervision and direction of the academic personnel of the district to perform noninstructional work that serves to assist the academic personnel in the performance of teaching and administrative responsibilities. A nonteaching volunteer aide shall not be an employee of the district, district  and shall serve without compensation of any type or other benefits accorded to employees of the district, except as provided in Section 3364.5 of the Labor Code.
(b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall may  not refuse to employ a person in a vacant classified position and use volunteer aides in lieu thereof.  
(c) Volunteer aides may be used to enhance a district’s educational program, but not to displace classified employees, employees  nor to allow districts to utilize volunteers in lieu of normal employee requirements.

SEC. 79.

 Section 72403 of the Education Code is repealed.

72403.
 The governing board of each community college district shall annually at its initial meeting select one of its members to serve as its representative for purposes of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. The representative selected pursuant to this section shall have one vote for each member to be elected to the county committee pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Part 3.

SEC. 80.

 Section 72423 of the Education Code is repealed.

72423.
 The governing board of each community college district shall provide for the payment of the travel expenses of any representatives of the board when performing services directed by the board.

SEC. 81.

 Section 72425 of the Education Code is amended and renumbered to read:

72425.
72024.
 (a) (1) In any community college district that is not located in a city and county, and in which the full-time equivalent students (FTES) for the prior college year exceeded 60,000, the governing board may prescribe, as compensation for the services of each member of the board who actually attends all meetings held by the board, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(2) In any community college district in which the FTES for the prior college year was 60,000 or less, but more than 25,000, each member of the governing board of the district who actually attends all meetings held by the board, may receive as compensation for his or her services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(3) In any community college district in which the FTES for the prior college year was 25,000 or less, but more than 10,000, each member of the governing board of the district who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed four hundred dollars ($400) in any month.
(4) In any community college district in which the FTES for the prior college year was 10,000 or less, but more than 1,000, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed two hundred forty dollars ($240) in any month.
(5) In any community college district in which the FTES for the prior college year was 1,000 or less, but more than 150, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed one hundred twenty dollars ($120) in any month.
(b) Any member of a governing board who does not attend all meetings held by the board in any month may receive, as compensation for his or her services, an amount not greater than a pro rata share of the number of meetings actually attended based upon the maximum compensation authorized by this subdivision.
(c) The compensation of members of the governing board of a community college district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total FTES in all of the community colleges of the district in the college year in which the organization or reorganization became effective pursuant to Section 74250 shall be deemed to be the FTES in the district for the prior school year.
(d) A member may be paid for any meeting when absent if the board by resolution duly adopted and included in its minutes finds that at the time of the meeting he or she is performing services outside the meeting for the community college district, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board. The compensation shall be a charge against the funds of the district.
(e) On an annual basis, the governing board may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the governing board. The action may be rejected by a majority of the voters in that district voting in a referendum established for that purpose, as prescribed by Chapter 3 (commencing with Section 17200) of Part 2 of Division 17 of the Elections Code.

SEC. 82.

 Section 72500 of the Education Code is repealed.

72500.
 The governing board of any community college district is liable in the name of the district for all debts and contracts, including the salary due any instructor not made in excess of the moneys accruing to the district and usable for the purposes of the debts and contracts during the college year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section.
For the purposes of this section, moneys transferred to the funds of a newly organized district pursuant to Section 85223 are deemed district moneys accruing to the district and usable for the purposes of contracts made for the college year preceding the date the district became effective for all purposes.

SEC. 83.

 Section 72506 of the Education Code is amended to read:

72506.
 (a) Action taken by any governing board of a community college district to procure insurance shall be governed by the authority of Sections Section  70902 and 75003  and, where applicable, by Sections 989 to 991.2, inclusive, of  Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of  the Government Code. However, the governing board of any community college district shall ensure against all of the following:
(1) The liability, other than a liability which may be insured against under Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property.
(2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer, agent,  or employee when acting within the scope of their office or  his or her, agency, or  employment.
(b) The insurance may be written by any insurance company authorized to transact the business of insurance in the state, or by a nonadmitted insurer to the extent, and subject to the conditions, prescribed by Section 1763 of the Insurance Code.
(c) Notwithstanding paragraph (2) of subdivision (a), the governing board of any community college district may provide for persons authorized by the governing board to perform volunteer services for the district, insurance coverage which that  is the same as, or comparable to, that provided for employees of the district including coverage under Division 4 (commencing with Section 3200) of the Labor Code.
(d) The governing board of a community college district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies, as provided in this section. The governing board may also provide protection against the this  liability partly by means of its own funds and partly by means of insurance written by insurance companies, as provided in this section.

SEC. 84.

 Section 72507 of the Education Code is amended to read:

72507.
 Notwithstanding the requirement to provide for indemnity bonds pursuant to Section 85266.5, the   The  governing board of a community college district may, in lieu thereof,  may  insure against all losses caused by an employee or an officer of a community college district if the insurance gives the same or greater protection to the community college  district that a bond would provide in indemnifying the community college districts against any loss caused by the employee or officer of the community college  district.

SEC. 85.

 Section 72508 of the Education Code is amended to read:

72508.
 (a)  The governing board of any a  community college district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of minors of the district  participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each both  of the following:
(a) (1)  Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such that  minor operating a motor vehicle.
(b) (2)  The insurance coverage carried by the community college district, with respect to the use of motor vehicles in connection with such those  courses, specifically including any limitations of such the  coverage which that  limit such the  coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which that  limit the nature of such that  coverage to exclude any activity or situation included within the liability so imposed.
(b) In no event shall civil liability be imposed on the district by reason of that minor operating a motor vehicle.

SEC. 86.

 Section 72530 of the Education Code is amended to read:

72530.
 (a) The offering of any valuable thing to any member of the governing board or employee  of any a  community college district, with the intent to influence his or her action in regard to the granting of any instructor’s certificate, any aspect of  the appointment of any instructor, superintendent, or other officer or  employee, the adoption of any textbook, or the making of any contract to which the board of which he or she is a member  member, or the district that employs him or her,  is a party, or the acceptance by any member of the governing board  board, or by an employee,  of any valuable thing, with corrupt intent, is a misdemeanor.
(b) Any contract or appointment obtained from the governing board of any community college district by corrupt means is void.

SEC. 87.

 Section 72533 of the Education Code is amended to read:

72533.
 The prohibitions contained in Article 2 (commencing with Section 7050) of Chapter 1 of Part 5 of this code and Article  4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code are applicable to members of governing boards of community college districts and to members of citizens’ oversight committees appointed by those governing boards pursuant to Chapter 1.5 (commencing with Section 15264) of Part 10.

SEC. 88.

 Section 72670.5 of the Education Code is amended and renumbered to read:

72670.5.

(a)The Board of Governors of the California Community Colleges
72670.5. 71052. 
 (a) The Board of Governors of the California Community Colleges  board of governors  may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of the mission of the California Community Colleges.
(b) As used in this article:
(1) “Auxiliary organization” may include, but is not necessarily  limited to, the following entities:
(A) Any entity whose governing instrument provides in substance both of the following:
(i) That its purpose is to promote or assist the Board of Governors of the California Community Colleges,  board of governors,  or to receive gifts, property, and funds to be used for the benefit of the Board of Governors of the California Community Colleges  board of governors  or any person or organization having an official relationship therewith.
(ii) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the Board of Governors of the California Community Colleges  board of governors  or an official of the California Community Colleges, or selected, ex officio, from the membership of the Board board  of Governors governors  or the its  administrative staff of the California Community Colleges. . 
(B) Any entity which, exclusive of the foregoing subdivisions of this section,  that  is designated as an auxiliary organization by the Board of Governors of the California Community Colleges. 
board of governors in a manner other than pursuant to this section.
(2) “District governing board” includes the Board of Governors of the California Community Colleges,  For purposes of this section, the “board of governors” and the “auxiliary organization” have all the powers and duties respectively prescribed for a district governing board and an auxiliary organization under Article 6 (commencing with Section 72670) of Chapter 6 of Part 45,  unless the context requires otherwise.
(c) Any agreement between the Board of Governors of the California Community Colleges  board of governors  and an auxiliary organization established pursuant to this section shall provide for full reimbursement from the auxiliary organization to the Board of Governors of the California Community Colleges  board of governors  for any services performed by the employees of the board of governors  under the direction of, or on behalf of, the auxiliary organization.

SEC. 89.

 Section 72672 of the Education Code is amended to read:

72672.
 (a) (1) A certified public accountant shall be selected by each auxiliary organization described in Section 72670. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant. In accordance with procedures prescribed by the
board of governors, the certified public accountant shall annually audit any and all community college auxiliary funds. The auxiliary organizations shall contract for and receive the audit annually, and shall submit the audit to the district governing board and to the board of governors.
(a) (2)  A certified public accountant shall be selected by each auxiliary organization described in Section 72670. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant. In accordance with procedures prescribed by the Board of Governors of the California Community Colleges, such certified public accountant shall annually audit any and all community college auxiliary funds. The auxiliary organizations shall contract for and receive such audit annually, and shall submit such audit to the district governing board and to the board of governors. Auxiliary organizations shall annually  An auxiliary organization shall annually  publish an audited statement of their financial condition which  its financial condition. This statement  shall be disseminated as widely as feasible and be available to any person on request. When an auxiliary organization primarily serves a single community college of the district, publication in the campus student newspaper shall be deemed compliance with this requirement. the requirements of this paragraph.  When an auxiliary organization serves the district governing board, distribution of the published audited statement of its financial condition at a regularly scheduled meeting of the district governing board shall be deemed to be in  compliance with this requirement. the requirements of this paragraph. 
(b) When an auxiliary organization primarily serves a single community college of the district, the president  chief administrative officer  of that community college, and when an auxiliary organization primarily serves a district, the superintendent  chief executive officer  of the district, shall be responsible for ascertaining that all expenditures are in accordance with policies of the district governing board, the propriety of all expenditures, and the integrity of the financial reporting made by the  auxiliary organization.  
(c) (1) The purposes and operations of an auxiliary organization shall be conducted in conformity with general regulations established by the board of governors and with implementing regulations that shall be established by each district governing board prior to the establishment of an auxiliary organization. When a district recognizes an auxiliary organization, it shall notify the board of governors.
(c) (2)  The purposes and operations  accounting procedures  of an auxiliary organization shall be conducted in conformity with general regulations established by the board of governors and with implementing regulations which shall be established by each district governing board prior to the establishment of an auxiliary organization. The implementing regulations established by a district shall be submitted to, and approved by, the chancellor’s office prior to the recognition of an auxiliary organization by that district. At such time as a district may recognize an auxiliary organization, it shall submit a copy of the articles of incorporation, bylaws, or other governing instruments of the auxiliary organization to the chancellor’s office. The accounting procedures of such auxiliary organizations shall be  comparable to those that govern the auxiliary organizations established under Chapter 7 (commencing with Section 89900) of Part 55. The regulations shall include provisions requiring the governing board of each auxiliary organization to provide salaries, working conditions conditions,  and benefits for the full-time employees of each auxiliary organization which that  are comparable to those provided district employees performing similar services; provided, however, that  services. However,  the regulations may permit retirement benefits, or permanent status benefits, or both, to be withheld from temporary and executive employees of each auxiliary organization. For the purposes of this subdivision, a “temporary employee” is (1) an employee employed for a research project, workshop, institute, or other special project funded by any grant, contract, or gift; or (2) an employee whose contract of employment is for a fixed term not exceeding three years. For the purposes of this subdivision, an “executive employee” is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, business managers, directors, and similar positions. For those full-time employees whose duties are not comparable to classes in the district, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. 
(3) For the purposes of this subdivision:
(A) A “temporary employee” is either of the following:
(i) An employee employed for a research project, workshop, institute, or other special project funded by any grant, contract, or gift.
(ii) An employee whose contract of employment is for a fixed term not exceeding three years.
(B) An “executive employee” is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not necessarily limited to, general managers, business managers, directors, and similar positions.
(4) For those full-time employees whose duties are not comparable to classifications in the district, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature.
(d) Retirement benefits may be provided by other than the Public Employees’ Retirement System. A contract for participation in the Public Employees’ Retirement System in accordance with the terms and conditions of the public employees’ retirement law shall be deemed to satisfy fully the requirements of subdivision (c) with respect to retirement.
(e)  Notwithstanding subdivision (c), the regulations established by the district governing board may exempt the board of directors of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date that the auxiliary organization is established.

SEC. 90.

 Section 72673 of the Education Code is amended to read:

72673.
 (a)  Student body organizations not formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47; student or faculty societies, social clubs, fraternities, and sororities; and alumni associations shall be exempt from the provisions of  this article, unless any such  the  organization, society, club, fraternity, sorority, or association has been established as an auxiliary organization pursuant to the provisions of  this article.
(b)  This section shall not be construed to alter or limit the powers of the district governing board to establish rules and regulations governing organizations which that  maintain an official relationship with a college or district or which that  uses the name or facilities of the college or district.

SEC. 91.

 Section 72674 of the Education Code is amended to read:

72674.
 (a)  Each auxiliary organization formed pursuant to this article, article  shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the district governing board.
(b)  Each board of directors shall, during each fiscal year, hold at least one business meeting each quarter. The board of directors shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board of directors.
(c)  No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with the  policies of the district governing board.
(d)  Each board of directors of an auxiliary organization shall conduct its business in public meetings in accordance with the provisions of  Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of  the Government Code.

SEC. 92.

 Section 72675 of the Education Code is amended to read:

72675.
 (a) The board of directors of an auxiliary organization shall approve all expenditures and fund appropriations. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with district policy and regulations by an officer designated by the district governing board.
(b) The district governing board, board  in accordance consultation  with regulations of the Board of Governors of the California Community Colleges, shall do the board of governors and the boards of directors of the various auxiliary organizations described in Section 72673, shall accomplish  all of the following:
(1) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of these auxiliary organizations.
(2) Implement financial standards that which  will ensure the fiscal viability of these the  various auxiliary organizations. The These  standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements.
(3) Institute procedures to ensure that transactions of the auxiliary organizations are within the educational mission of the district.
(4) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement paragraph (2). Uses of these funds shall be regularly reported to the district governing board.

SEC. 93.

 Section 72676 of the Education Code is amended to read:

72676.
 (a)  Operations of commercial services on a campus, such as a food service or bookstore, or such  commercial services as may be  provided in a student union, shall, when operated by an auxiliary organization, be self-supporting.
(b)  Any surplus funds from commercial operations shall be used for such  purposes as that  are consistent with regulations of the district governing board.

SEC. 94.

 Section 72677 of the Education Code is amended to read:

72677.
 (a)  No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he or she is a member. Any contract or transaction entered into in violation of this section is void.
(b) Notwithstanding subdivision (a), no contract or other transaction entered into by the board of directors of an auxiliary organization is void, nor shall any member of the board be disqualified or deemed guilty of misconduct in office under those provisions, if both of the following conditions are met:
(1) The fact of the financial interest is disclosed or known to the board of directors and is noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of that financially interested member or members.
(2) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved.
(c) Subdivision (b) shall not be applicable if any of the following conditions are met:
(1) The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization.
(2) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the board of directors of that auxiliary organization is a partner, or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest.
(3) The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock.
(4) A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of subdivision (a), and without first disclosing that interest to the board of directors at a public meeting of the board, influences or attempts to influence another member or members of the board of directors to enter into the contract or transaction.

SEC. 95.

 Section 72678 of the Education Code is repealed.

72678.
 No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Section 72677; nor shall any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met:
(a) The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members.
(b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved.

SEC. 96.

 Section 72679 of the Education Code is repealed.

72679.
 The provisions of Section 72678 shall not be applicable if any of the following conditions are met:
(a) The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization.
(b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest.
(c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock.
(d) A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Section 72677, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction.

SEC. 97.

 Section 72682 of the Education Code is amended to read:

72682.
 An auxiliary organization that was in existence on August 31, 1980, shall continue to operate under the provisions of  Article 6 (commencing with Section 72670) of Chapter 6 of Part 45, as it read immediately prior to August 30, 1980, until the time, if any, that the organization is recognized pursuant to this article.

SEC. 98.

 Section 76000 of the Education Code is repealed.

76000.
 The governing board of a community college district shall admit to the community college any California resident, and may admit any nonresident, possessing a high school diploma or the equivalent thereof.
The governing board may admit to the community college any apprentice, as defined in Section 3077 of the Labor Code, who, in the judgment of the governing board, is capable of profiting from the instruction offered.
The governing board may by rule determine whether there shall be admitted to the community college any other person who is over 18 years of age and who, in the judgment of the board, is capable of profiting from the instruction offered. If the governing board determines to admit other persons, those persons shall be admitted as provisional students and thereafter shall be required to comply with the rules and regulations prescribed by the board of governors pertaining to the scholastic achievement and other standards to be met by provisional or probationary students, as a condition to being readmitted in any succeeding semester. This paragraph shall not apply to persons in attendance in special classes and programs established for adults pursuant to Section 78401 or to any persons attending on a part-time basis only.

SEC. 99.

 Section 76001 of the Education Code is amended and renumbered to read:

76001.
76001. 76000. 
 (a) The governing board of a community college district
shall admit to the community college any California resident, and may admit any nonresident, possessing a high school diploma or the equivalent thereof. 
(b) The governing board may admit to the community college any apprentice, as defined in Section 3077 of the Labor Code, who, in the judgment of the governing board, is capable of profiting from the instruction offered.
(c) The governing board may, by rule, determine whether there shall be admitted to the community college any other person who is 18 years of age or older and who, in accordance with the policies of the governing board, is capable of benefiting from a program that falls within the mission of the California Community Colleges. This subdivision shall not apply to persons in attendance in noncredit classes and to any person attending on a part-time basis only.
(a) (d)  The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time or full-time  student in any session or term any student who  any student who provides parental consent and who, in accordance with the policies of the governing board,  is eligible to attend community college pursuant to Section 48800, 48800.5, or 52620. 48800. 
(e) If the governing board denies a request for a special part-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(f) The attendance of a pupil at a community college as a special part-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Section 48802. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards.
(g) For purposes of this section, a special part-time student may enroll in up to, and including, 12 units per semester, or the equivalent thereof, at the community college.
(h) The governing board of a community college district may admit to any community college under its jurisdiction as a special full-time student any pupil who is eligible to attend community college pursuant to Section 48800.5, and who, in the opinion of the college president, could benefit from the course or class.
(b) (i)  If the governing board denies a request for a special part-time or  full-time enrollment at a community college,  for a pupil who is identified as highly gifted,  the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) (j)  The attendance of a student pupil  at a community college as a special part-time or  full-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Sections 48802, 52621, and 76002. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards. pursuant to Section 48800.5. 
(d) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college.
(e) (k)  (1) The  Except as provided in paragraph (2), the    governing board of a community college district shall assign a low enrollment priority to special part-time or full-time students described in subdivision (a) in order to ensure that these students do not displace regularly admitted students. may admit to the summer session of any community college under its jurisdiction as a special student any student, with parental consent: 
(1) Whose admission to summer session is recommended by the principal of the school which the student attends.
(2) Who has demonstrated adequate preparation in the discipline to be studied.
(3) Who has availed himself or herself of all opportunities to enroll in an equivalent course at his or her school of attendance.
(l) A principal may recommend a pupil as a special student pursuant to rules and regulations that may be adopted by the governing board of the school district. The principal of a school shall not recommend a number of pupils who have completed a particular grade in excess of 5 percent of the total number of pupils in the school who have completed that grade immediately prior to the time of recommendation.
(2) (m)  This subdivision does not apply to a student attending a middle college high school as described in Section 11300, if the student is seeking to enroll in a community college course that is required for the student’s middle college high school program. The attendance of a special summer session student at a community college pursuant to this section shall be credited to the district maintaining the community college for the purposes of allowances and apportionments from the State School Fund. The student shall receive credit for community college courses that he or she completes, in a manner determined to be appropriate by the governing boards of the school district and the community college district. 
(n) Subdivisions (d) to (j), inclusive, and Sections 48800 to 48802, inclusive, do not apply to the special students authorized to be admitted to a community college summer session pursuant to this section.

SEC. 100.

 Section 76002 of the Education Code is amended to read:

76002.
 (a)  For purposes of receiving state apportionments, a   A  community college district may include high school students who attend a community college within the district pursuant to Sections 48800, 52620, and 76001 in the district’s report of full-time equivalent students (FTES)  in its reports of full-time equivalent students any high school pupils admitted pursuant to Chapter 5 (commencing with Section 48800) of Part 47  only if those students pupils  are enrolled in community college classes that meet all of the following criteria: are open to the general public. 
(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda to the college catalog or regular schedule of classes.
(B) If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days before the first meeting of the class.
(3) If the class is offered at a high school campus, the class shall not be held during the time the campus is closed to the general public, as defined by the governing board of the school district during a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10 percent of its enrollment may be comprised of special part-time or full-time students. A community college district shall not receive state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5 percent of the district’s total reported full-time equivalent enrollment of special part-time and full-time students.
(b) The governing board of a community college district may restrict the admission or enrollment of a special part-time or full-time student during any session based on any of the following criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment methods and procedures established pursuant to Chapter 2 (commencing with Section 78210) of Part 48 and regulations adopted by the Board of Governors of the California Community Colleges.
(c) (1) The Chancellor of the California Community Colleges shall prepare and submit to the Department of Finance and the Legislature, on or before March 1, 2004, and March 1 of each year thereafter, a report on the amount of FTES claimed by each community college district for special part-time and special full-time students for the preceding academic year in each of the following class categories:
(A) Noncredit.
(B) Nondegree-applicable.
(C) Degree-applicable, excluding physical education.
(D) Degree-applicable physical education.
(2) The report prepared pursuant to paragraph (1) may include information required to be reported pursuant to paragraph (4) of subdivision (d) of Section 48800.
(d) The Board of Governors of the California Community Colleges shall adopt rules and regulations to implement this section.

SEC. 101.

 Section 76020 of the Education Code is amended to read:

76020.
 (a)  The governing body of any a  community college district may exclude students of filthy or vicious habits, or students suffering from contagious or infectious diseases. a student who is otherwise eligible for admission only if that student’s absence at, or participation in, college activities jeopardizes the health and safety of the student or others, all in accordance with applicable law. 
(b) The governing board of the community college may exclude from attendance on regular classes any student whose physical or mental disability is such as to cause his or her attendance to be inimical to the welfare of other students.

SEC. 102.

 Section 76031 of the Education Code is amended to read:

76031.
 (a)  The adopted rules of student conduct may authorize the president of a community college or the president’s designee to suspend a student for good cause as follows:
(a) (1)  From one or more classes for a period of up to 10 days of instruction.
(b) (2)  From one or more classes for the remainder of the school term.
(c) (3)  From all classes and activities of the community college for one or more terms.
(b)  The adopted rules of student conduct shall prohibit a student from being enrolled in any community college in the district for the period of suspension.
(c)  The president of the community college shall report all suspension of students to the governing board or to the district superintendent.
(d)  Whenever a minor is suspended  who is a dependent, as defined in Section 152 of Title 26 of the United States Code, is suspended or expelled  from a community college, the parent or guardian shall may  be notified in writing by the president or the president’s designee.
(e)  Nothing in this section shall be construed to prohibit the president of a community college or the president’s designee from imposing a lesser disciplinary sanction than suspension. A lesser sanction may include, but need not be limited to, verbal or written reprimand, probation, or ineligibility to participate in extracurricular activities.

SEC. 103.

 Section 76031.5 is added to the Education Code to read:

76031.5.
 (a) A student may be expelled or suspended for good cause and in accordance with procedures consistent with due process. It is the intent of the Legislature that, as used in this article, good cause includes, but is not necessarily limited to, one or more of the following behaviors, which shall be related to college activity or attendance:
(1) Cheating or plagiarism in connection with a college academic program.
(2) Forgery, alteration, or misuse of college documents, records, or identification, or knowingly furnishing false information to a college representative in connection with the performance of official duties.
(3) Misrepresentation of oneself or of an organization as an agent of a college.
(4) Obstruction or disruption, on or off college property, of the college educational process, administrative process, or other college or campus function or operation.
(5) Physical abuse, on or off college property, of the person or property of any member of the college community or of members of his or her family or the threat of physical abuse.
(6) Theft of, or nonaccidental damage to, college property, or property in the possession of, or owned by, a member of the college community.
(7) Unauthorized entry into, unauthorized use of, or misuse of college property.
(8) On college property, the sale or knowing possession of dangerous drugs, restricted dangerous drugs, or narcotics as those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction, or analysis.
(9) Knowing possession or use of explosives, dangerous chemicals, or deadly weapons on college property or at a college function without prior authorization of the district chancellor, college president, or designee.
(10) Engaging in lewd, indecent, or obscene behavior on college property or at a college function.
(11) Abusive behavior directed toward, or hazing of, a member of the college community.
(12) Violation of any order of a district chancellor, college president, or designee, notice of which had been given prior to the violation and during the academic term in which the violation occurs, including notice by publication in the college newspaper, or by posting on an official bulletin board designated for this purpose, and which order is related to standards of student conduct and is consistent with any of the other provisions of this section.
(13) Soliciting or assisting another to do any act that would subject a student to expulsion, suspension, probation, or other sanction pursuant to this article.
(14) Discrimination or harassment, including sexual harassment, in violation of state or federal law.
(15) Commission of a computer-related crime, as provided in Section 502 of the Penal Code.
(16)  As provided in Section 78907, the use of any electronic listening or recording device in any classroom without the prior consent of the instructor, except as necessary to provide reasonable auxiliary aids and academic adjustments to students with disabilities.
(17) Persistent misconduct where other means of correction have failed to bring about proper conduct.
(18) Parking in violation of areas reserved for employees or students with disabilities, persons providing transportation to these employees or students, or both of these groups.
(b) In accordance with subdivision (a) of Section 66301, no district shall make or enforce any rule or regulation that subjects any student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of the district, is protected from governmental restriction by Amendments I and XIV of the United States Constitution or Section 2 of Article I of the California Constitution.
(c) In accordance with subdivision (e) of Section 66301, nothing in this section prohibits an institution from adopting a rule or regulation the intent of which is to prevent hate violence, as defined in Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, so long as the rules and regulations conform to standards established by Amendments I and XIV of the United States Constitution or Section 2 of Article I of the California Constitution.

SEC. 104.

 Section 76032 of the Education Code is amended to read:

76032.
 (a)  The adopted rules of student conduct may authorize an instructor to remove a student from his or her class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the chief administrative officer for appropriate action.
(b)  If the student removed by an instructor is a minor, the  who is a dependent, as defined in Section 152 of Title 26 of the United States Code, the  college president or the president’s designee shall may  ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the instructor or the parent or guardian so requests, a college administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the instructor of the class.

SEC. 105.

 Section 76032.5 is added to the Education Code, to read:

76032.5.
 For purposes of this article, the following definitions apply:
(a) “Behavior” includes conduct and expression.
(b) “College property” includes both of the following:
(1) Real or personal property in the possession of, or under the control of the governing board of a community college district.
(2) All district facilities whether operated by a district or by a district auxiliary organization.
(c) “Deadly weapon” includes, but is not necessarily limited to, any instrument or weapon of the kind commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club.
(d) “Hazing” means any method of initiation into a student organization or any pastime or amusement engaged in with regard to the organization that causes, or is likely to cause, bodily danger, or physical or emotional harm, to any member of the college community. “Hazing” does not include customary athletic events or other similar contests or competitions.
(e) “Member of the college community” includes a member of the governing board of the affected community college district, any academic, nonacademic, or administrative personnel and students of the district, and any other person while the person is on college property or at a college function.

SEC. 106.

 Section 76033 of the Education Code is repealed.

76033.
 As used in this article, “good cause” includes, but is not limited to, the following offenses, occurring while enrolled as a student:
(a) Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
(b) Assault, battery, or any threat of force or violence upon a student or college personnel.
(c) Willful misconduct which results in injury or death to a student or college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the district.
(d) The use, sale, or possession on campus of, or presence on campus under the influence of, any controlled substance, or any poison classified as such by Schedule D in Section 4160 of the Business and Professions Code.
(e) Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
(f) Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
(g) Sexual assault, defined as actual or attempted sexual contact with another person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following:
(1) Intentional touching of another person’s intimate parts without that person’s consent or other intentional sexual contact with another person without that person’s consent.
(2) Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
(3) Rape, which includes penetration, no matter how slight, without the person’s consent, of either of the following:
(A) The vagina or anus of a person by any body part of another person or by an object.
(B) The mouth of a person by a sex organ of another person.
(h) Sexual exploitation, defined as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following:
(1) Prostituting another person.
(2) Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
(3) Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure.
(4) Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.

SEC. 107.

 Section 76036 of the Education Code is repealed.

76036.
 Any violation or violations of law, ordinance, regulation, or rule regulating, or pertaining to, the parking of vehicles, shall not be cause for the removal, suspension, or expulsion of a student from a community college.

SEC. 108.

 Section 76060 of the Education Code is amended to read:

76060.
 (a)  The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college college,  and may conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. The association may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district.
(b)  The governing board of the community college district may authorize the students of a college to organize more than one student body association when the governing board finds that day students and evening students each need an association or  geographic circumstances make the organization of only one student body association impractical or inconvenient.
(c)  A community college  district may assume responsibility for activities formerly conducted by a student body association if the student body association is dissolved. A student body association employee who was employed to perform the activity assumed by the district pursuant to this section shall become a member of the classified service of the district in accordance with Section 88020.

SEC. 109.

 Section 76060.5 of the Education Code is amended to read:

76060.5.
 (a) If a student body association has been established at a community college as authorized by Section 76060, the governing body of the association may order that an election be held for the purpose of establishing a student representation fee of one dollar ($1) per semester. The election shall be held in compliance with regulations of the board of governors, and shall be open to all regularly enrolled students of the community college. The affirmative vote of two-thirds of the students voting in the election shall be sufficient to establish the fee. However, the election shall not be sufficient to establish the fee unless the number of students who vote in the election equals or exceeds the average of the number of students who voted in the previous three student body association elections.
(a) (b)  If (1)   a student body association has been established at a community college as authorized by Section 76060, a student representation fee of two dollars ($2) The student representation fee authorized by this section  shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per  in accordance with  the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide for the  support for of  governmental affairs representatives of local or statewide student body organizations  who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government. the state and federal governments.  
(b) (1) One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities.
(2) The underlying goals of a statewide community college student organization shall include, but are not limited to, all of the following:
(A) Establishing a sustainable foundation for statewide community college student representation and advocacy.
(B) Promoting institutional and organizational memory.
(C) Ensuring and maintaining responsible community college student organizational oversight and decisionmaking.
(D) Strengthening regional approaches for community college student representation and coordination.
(E) Promoting and enhancing student opportunities for engagement in community college student issues and affairs.
(F) Providing for open and public transparency and accountability.
(G) Supporting student participation and engagement in statewide higher education policy and advocacy activities.
(c) Fees collected pursuant to subdivision (b) shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following:
(1) Is established as a legal entity registered with the Secretary of State.
(2) Demonstrates compliance with all applicable state and federal laws and reporting requirements.
(3) Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures.
(4) (A) Commencing after the first year it receives funding pursuant to this subdivision, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review.
(B) (i) Except as provided in clause (ii) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings.
(ii) In no event shall funds be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so.
(5) Meets the obligations and addresses the goals described in subdivision (b).
(d) Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(e) (1) The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in subdivision (c), and the money shall be disbursed for the purposes described in subdivision (a) upon the order of the governing body of the student body association.
(2) The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at the community college district board meeting each year and posted to the community college district internet website.
(3) (2)  The community college district  district shall have custody of the money collected pursuant to this section and the money shall be disbursed for the purposes described above upon the order of the governing body of the student body association. The district  may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent.
(c) The student representation fee authorized by this section may be terminated by a majority vote of the students voting in an election held for that purpose. The election shall be called and held in compliance with regulations of the board of governors, and shall be open to all regularly enrolled students of the community college.
(f) (d)  A student may  may, for religious, political, financial, or moral reasons,  refuse to pay the student representation fee established under this section. The community college shall provide the student a means to refuse to pay the student representation fee  refusal shall be submitted in writing to the college officials at the time the student pays other fees collected by the college officials. The refusal shall be submitted  on the same form that is used for collection of fees,  fees as provided by the college,  which, as determined by the community  college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges. board of governors. 
(g) Any costs incurred by the Office of the Chancellor of the California Community Colleges to implement subdivisions (b) and (c) shall be reimbursed by the statewide community college student organization.
(h) If no statewide community college student organization that qualifies for funding in accordance with this section is recognized by the Board of Governors, the funds collected pursuant to this section shall be held by the Office of the Chancellor of the California Community Colleges until a qualifying statewide community college student organization is recognized, or shall be returned to the source of funds.

SEC. 110.

 Section 76061 of the Education Code is amended to read:

76061.
 A student who is elected to serve as an officer in the student government of a community college shall meet any both  of the following requirements:
(a) (1)  The student shall be enrolled in the community college at the time of standing for  election, and throughout the student’s  his or her  term, with a minimum of five semester units, or the equivalent quarter units. its equivalent. 
(2) (b)  The student shall meet and maintain the minimum standards of scholarship prescribed for community college students  by the community college  district.
(b) The student shall be enrolled in an adult education program offered by a community college district pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50, at the time of the election and throughout the student’s term.
(c) The student is enrolled in the community college at the time of election, and throughout the student’s term, and is a disabled student, as defined in subdivision (b) of Section 84850.

SEC. 111.

 Section 76063 of the Education Code is amended to read:

76063.
 The funds of any student body organization established in the public schools of  any community college district shall, subject to approval of the governing board of the district, be deposited or invested in one or more of the following ways:
(a) Deposits in trust accounts of the centralized State Treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation.
(b) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation Corporation,  and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.
(c) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities.
(d) Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Title 26 of the United States  Code and that are open exclusively to nonprofit colleges, universities, and independent schools.
(e) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.
(f)  (1)  The funds shall be expended subject to procedures that may be established by Investment of money in permanent improvements to any community college district property including, but not necessarily limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadiums, and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body. The investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to  the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the  as provided in this section. Any  community college district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization. approving the investment shall establish a fund in accordance with the California Community Colleges Budget and Accounting Manual in which moneys derived from the rental of community college district property to student body organizations shall be deposited. 
(2) Moneys collected by the governing board for automobile parking facilities, as authorized by Section 76360, shall be deposited in the fund designated by the California Community Colleges Budget and Accounting Manual if the parking facilities were provided for by investment of student body funds under this section. Moneys shall be returned to the student body organization, as contemplated by this section, exclusively from the special fund, and only to the extent that there are moneys in the special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the district by action of the local governing board.
(g) Two or more student body organizations of the same community college district may join together in making the investments in the same manner as is authorized in this section for a single student body.
(h) The funds of a student body organization may be loaned, with or without interest, to any student body organization established in another community college of the district for a period not to exceed three years.

SEC. 112.

 Section 76064 of the Education Code is repealed.

76064.
 In addition to deposit or investment pursuant to Section 76063, the funds of a student body organization may be loaned or invested in any of the following ways:
(a) Loans, with or without interest, to any student body organization established in another community college of the district for a period not to exceed three years.
(b) Invest money in permanent improvements to any community college district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body. The investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any community college district approving the investment shall establish a fund in accordance with the California Community Colleges Budget and Accounting Manual in which moneys derived from the rental of community college district property to student body organizations shall be deposited. Moneys collected by the governing board for automobile parking facilities as authorized by Section 76360 shall be deposited in the fund designated by the California Community Colleges Budget and Accounting Manual if the parking facilities were provided for by investment of student body funds under this section. Moneys shall be returned to the student body organization as contemplated by this section exclusively from the special fund and only to the extent that there are moneys in the special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board.
Two or more student body organizations of the same community college district may join together in making the investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of community college district property by student body organizations as provided in Section 76060.

SEC. 113.

 Section 76064 is added to the Education Code, to read:

76064.
 (a) The funds of a student body organization shall be expended subject to procedures that shall be established by the student body organization. No expenditure of the funds of a student body organization may be made without the prior approval of each of the following three persons:
(1) An employee or official of the community college district, designated by the governing board.
(2) An academic employee of the district who is the designated adviser to the particular student body organization.
(3) An authorized representative of the particular student body organization.
(b) Expenditure procedures established under this section include, but are not necessarily limited to, all of the following:
(1) A provision that funds shall not be expended unless approved by the designated representative of the particular student body organization.
(2) A provision recognizing that the expenditure of student funds should be consistent with the welfare of the student body and the expectation that student government provides educational experiences for students.
(3) A provision that funds that are expended for purposes established by regulations of the board of governors are appropriate in accordance with those regulations.
(c) The board of governors shall, within existing resources, adopt regulations establishing purposes that are appropriate for the expenditure of the funds of student body organizations. The expenditure of funds for these purposes shall be presumed to be appropriate except under compelling and extenuating circumstances, as determined by the board of governors. Nothing in this section shall be construed to limit the authority of a district governing board to adopt additional purposes for the expenditure of the funds of student body organizations in a manner that is not inconsistent with the requirements of this article.

SEC. 114.

 Section 76065 of the Education Code is amended to read:

76065.
 (a)  The governing board of any community college district shall provide for the supervision of all funds raised by any student body or student organization using the name of the college. The cost of supervision may constitute a proper charge against the funds of the district. 
The cost of supervision may constitute a proper charge against the funds of the district.
(b)  The governing board of a community college district may also provide for a continuing audit of student body funds with community college  district personnel.

SEC. 115.

 Section 76067 of the Education Code is amended to read:

76067.
 Any student political organization that which  is affiliated with the official youth division of any political party that is on the ballot of the State of California may hold meetings on a community college campus, campus  and may distribute bulletins and circulars concerning its meetings, provided that there is no endorsement of that the  organization by the school college  authorities and no interference with the regular educational program of the district.

SEC. 116.

 Section 76120 of the Education Code is amended to read:

76120.
 (a)  The governing board of a community college district shall adopt rules and regulations relating to the exercise of free expression by students upon the premises of each community college maintained by the district, which  district. These rules and regulations  shall include reasonable provisions for the time, place, and manner of conducting such these  activities.
Such (b)  The  rules and regulations adopted under this section  shall not prohibit the right of students to exercise free expression including, but not necessarily  limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia, except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to create a clear and present danger of the commission of unlawful acts on community college premises, or the violation of lawful community college regulations, or the substantial disruption of the orderly operation of the community college, shall be prohibited.
(c) Rules and regulations adopted under this section shall comply with the requirements of Section 66301.

SEC. 117.

 Section 76121 of the Education Code is amended and renumbered to read:

76121.
76121. 72013. 
 The governing board of each community college district shall require each community college maintained by the district, in administering any test or examination, to permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed.  religion.  This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which that  could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship which could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. district. 

SEC. 118.

 Section 76140 of the Education Code is amended to read:

76140.
 (a) A community college district may admit, admit  and shall charge a tuition fee to, nonresident students, except that a community college  to nonresident students. The  district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7): or (3): 
(1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.
(2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.
(3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.
(B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.
(C) This paragraph shall apply only to the 2005–06 academic year.
(4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.
(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.
(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance.
(F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible.
(6) (A) A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:
(i) Incline Village.
(ii) Kingsbury.
(iii) Round Hill.
(iv) Skyland.
(v) Stateline.
(vi) Zephyr Cove.
(B) (3)  Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph. Any nonresident student who has been hired by a public agency, for that part of the fee related to enrollment in and completion of police academy training courses, if the student has passed all other requirements of the public agency and if written assurances are provided by the public agency that it intends to classify the student as a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, upon successful completion of the police academy course. 
(C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.
(7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following:
(i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code.
(ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code.
(iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code.
(B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year.
(C) This exemption shall apply only to the tuition fee for credit ESL courses.
(b) A community college  district may contract with any entity or person, including  a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee.
(c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) (k)  or another statute, in which case a nonresident tuition fee shall may  not be charged.
(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March February  1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. board. 
(e) (1) The fee established by the governing board of a community college district  pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year year,  one or more of the following:
(A) The amount that was expended by the community college  district for the expense of education as defined by the California Community Colleges College  Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college  district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district. 
(B) The expense of education in the preceding fiscal year of all community college  districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college  districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. 
(C) An amount not to exceed the fee established by the governing board of any contiguous community college  district.
(D) An amount not to exceed the amount that was expended by the community college  district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).
(E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.
(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment. If, for the district’s preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the district’s total FTES attending in the district, the district, in calculating the amount in subparagraph (A) of paragraph (1), may substitute, instead, the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district. 
(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to  nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.
(g) In adopting a tuition fee for nonresident students, the governing board shall consider nonresident tuition fees of public community colleges in other states.
(g) (h)  Any loss in community college  district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(h) (i)  Any community college  district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity participates in an interstate attendance  agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  under Chapter 10 (commencing with Section 66800) of Part 40 governing student attendance and fees  may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the  state from the  mandatory fee requirement described in subdivision (a) for nonresident students.
(i) (j)  Any community college  district that has more than 1,500, but fewer less  than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity participates in an interstate attendance  agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange,  under Chapter 10 (commencing with Section 66800) of Part 40 governing student attendance and fees  may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the  from the  mandatory fee requirement described in subdivision (a) for nonresident students.
(j) (k)  The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a),  (i) or (j)  from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt  pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i),  subdivision (i) or (j)  shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That  fee of forty-two dollars ($42) per course unit, in lieu of the nonresident tuition fee prescribed herein. The authorization of payment of the fee of forty-two dollars ($42) in lieu of payment of nonresident tuition, as set forth in this subdivision, is declaratory of existing law. The payment of this  fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

SEC. 119.

 Section 76140.5 of the Education Code is repealed.

76140.5.
 Notwithstanding Section 76140, a community college may classify a nonresident student who has been hired by a public agency, as a resident for purposes of enrollment in and completion of police academy training courses at a community college, if the student has passed all other requirements of the public agency and if written assurances are provided by the public agency that it intends to classify the student as a peace officer upon successful completion of the police academy training course.

SEC. 120.

 Section 76141 of the Education Code is amended to read:

76141.
 (a) In addition to the nonresident tuition fee established pursuant to Section 76140, a community college district may charge to nonresident students who are both citizens and residents of a foreign country
either or both of the fees described in paragraphs (1) and (2): 
(1) The district may charge these persons an application processing fee not to exceed the lesser of (A) the actual cost of processing an application and other documentation required by the federal government, or (B) one hundred dollars ($100), which may be deducted from the tuition fee at the time of enrollment. No processing fee shall be charged to an applicant who would be eligible for an exemption from nonresident tuition under Section 76140.
(a) (2)  In addition to the nonresident tuition fee established pursuant to Section 76140, a community college  The  district may charge to nonresident  these  students an amount not to exceed the amount that was expended by the district for capital outlay in the preceding fiscal year divided by the total full-time equivalent students of the district in the preceding fiscal year.  
(b) Any fee charged pursuant to this section shall not exceed 50 percent of the nonresident tuition fee established pursuant to Section 76140.  
(c) Revenue from any fee charged pursuant to paragraph (2) of subdivision (a) shall be expended only for the purposes of capital outlay, maintenance, or equipment.
(c) (d)  (1)  Any student who can demonstrate economic hardship, or who is a victim of persecution or discrimination in the country in which the student is a citizen and resident, is exempt from this fee. a fee authorized by this section. 
(2) (e)  For purposes of this section, the  The  governing board of each community college  district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that encompasses the financial circumstances of a person who is a recipient of benefits under the Temporary Assistance for Needy Families program program,  described in Part Parts  A and F  of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program.
(d) Revenue from any fee charged pursuant to this section shall be expended only for purposes of capital outlay, maintenance, and equipment.

SEC. 121.

 Section 76142 of the Education Code is repealed.

76142.
 (a) A community college district may charge nonresident applicants who are both citizens and residents of a foreign country a processing fee not to exceed the lesser of: (1) the actual cost of processing an application and other documentation required by the federal government, or (2) one hundred dollars ($100), which may be deducted from the tuition fee at the time of enrollment.
(b) No processing fee shall be charged to an applicant who would be eligible for an exemption from nonresident tuition pursuant to Section 76140 or who can demonstrate economic hardship. For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that includes the financial circumstances of a person who is a victim of persecution or discrimination in the foreign country in which the applicant is a citizen and resident, or who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Parts A and F of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program.

SEC. 122.

 Section 76143 of the Education Code is repealed.

76143.
 For purposes of the nonresident tuition fee, a community college district shall disregard the time during which a student living in the district resided outside the state, if:
(1) The change of residence to a place outside the state was due to a job transfer and was made at the request of the employer of the student or the employer of the student’s spouse or, in the case of a student who resided with, and was a dependent of, the student’s parents, the change of residence was made at the request of an employer of either of the student’s parents.
(2) Such absence from the state was for a period of not more than four years.
(3) At the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student’s absence from the state was disregarded.
A nonresident tuition fee shall not be charged to a student who meets each of the conditions specified in subdivisions (1) to (3), inclusive.

SEC. 123.

 Section 76143 is added to the Education Code, to read:

76143.
 (a) A nonresident tuition fee shall not be charged to a student who resided outside the state due to a job transfer that was made at the request of the employer of the student or the employer of the student’s spouse or, in the case of a student who resided with, and was a dependent of, the student’s parents, was made at the request of an employer of either of the student’s parents.
(b) The fee exemption set forth in subdivision (a) applies only if the absence from the state was for a period of not more than four years and if, at the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student’s absence from the state were disregarded.

SEC. 124.

 Section 76200 of the Education Code is amended to read:

76200.
 (a)  It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding the confidentiality of student  provide for the confidentiality of education records pertaining to students of the California Community Colleges and for student access to their education  records in order to insure the continuance of federal education funds to public community colleges within the state, and to revise generally and update the law relating to such records. for community college districts. It is further the intent of the Legislature that districts fully comply with the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and applicable regulations, as these provisions may from time to time be amended. The board of governors shall adopt appropriate regulations to ensure the orderly implementation of this chapter. 
(b) Nothing in this chapter shall be construed to alter any requirements that may be applicable to community colleges pursuant to Section 67380.

SEC. 125.

 Section 76201 is added to the Education Code, to read:

76201.
 To the extent that any provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) or this chapter prohibit the disclosure of an education record, it is the intent of the Legislature that the record shall not be considered a public record and, in accordance with subdivision (k) of Section 6254 of the Government Code, shall be exempt from disclosure.

SEC. 126.

 Section 76210 of the Education Code is repealed.

76210.
 As used in this chapter, the following definitions shall apply:
(a) (1) “Student record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means.
(2) “Student record” does not include (A) confidential letters and statements of recommendations maintained by a community college on or before January 1, 1975, if these letters or statements are not used for purposes other than those for which they were specifically intended, (B) information provided by a student’s parents relating to applications for financial aid or scholarships, or (C) information related to a student compiled by a community college officer or employee that remains in the sole possession of the maker and is not accessible or revealed to any other person except a substitute. For purposes of this paragraph, “substitute” means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position.
(3) “Student record” also does not include information related to a student created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and that is created, maintained, or used only in connection with the provision of treatment to the student and is not available to anyone other than persons providing that treatment. However, that record may be personally reviewed by a physician or other appropriate professional of the student’s choice.
(4) “Student record” does not include information maintained by a community college law enforcement unit, if the personnel of the unit do not have access to student records pursuant to Section 76243, the information maintained by the unit is kept apart from information maintained pursuant to subdivision (a), the information is maintained solely for law enforcement purposes, and the information is not made available to persons other than law enforcement officials of the same jurisdiction. “Student record” does not include information maintained in the normal course of business pertaining to persons who are employed by a community college, if the information relates exclusively to the person in that person’s capacity as an employee and is not available for use for any other purpose.
(b) “Directory information” means one or more of the following items: a student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student.
(c) “Access” means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record.

SEC. 127.

 Section 76220 of the Education Code is amended to read:

76220.
 Community college districts shall establish, maintain, and destroy student records according to regulations adopted by the Board of Governors of the California Community Colleges. Such These  regulations shall establish state policy as to what which  items of information shall be placed into student records and what information is appropriate to be compiled by individual community college officers or employees under the exception to student records provided in subdivisions (a) and (b) of Section 76210.  .  No student records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 76232.

SEC. 128.

 Section 76221 of the Education Code is amended to read:

76221.
 Community college districts shall notify students in writing of their rights under this chapter upon the date of the student’s enrollment and at least annually thereafter. The notice shall take a form that  that, at a minimum,  reasonably notifies students of the availability of the following specific information:
(a) The types of student records and information contained therein that are directly related to students and maintained by the institution. district. 
(b) The official responsible for the maintenance of each type of record.
(c) The location of the log or record required to be maintained pursuant to Section 76222. for each student record that lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor, unless the listing is not required by federal law. 
(d) The criteria to be used by the institution in defining “officials and employees” and in determining “legitimate educational interest” as used in Section 76222 and subdivision (a) of Section 76243. federal law. 
(e) The policies of the institution for reviewing and expunging those records.
(f) The right of the student to have access to his or her records.
(g) The procedures for challenging the content of student records.
(h) The cost cost,  if any any,  that will be charged for reproducing copies of records.
(i) The categories of information that the institution district  has designated as directory information pursuant to Section 76240. information. 
(j) Any other rights and requirements set forth in this chapter and the   The  right of the student to file a complaint with the United States Department of Education concerning an alleged failure by the institution district  to comply with Section 438 of the General Education Provisions Act (20 U.S.C.A. 1232g). the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and applicable regulations. 

SEC. 129.

 Section 76222 of the Education Code is repealed.

76222.
 A log or record shall be maintained for each student’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. The listing need not include any of the following:
(a) Students to whom access is granted pursuant to Section 76230.
(b) Parties to whom directory information is released pursuant to Section 76240.
(c) Parties for whom written consent has been executed by the student pursuant to Section 76242.
(d) Officials or employees having a legitimate educational interest pursuant to subdivision (a) of Section 76243.
The log or record shall be open to inspection only by the student and the community college official or his or her designee responsible for the maintenance of student records, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system.

SEC. 130.

 Section 76223 of the Education Code is repealed.

76223.
 Any community college may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any student record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of students’ records or (2) up to two verifications of various records of students. No charge may be made to search for or to retrieve any student record.

SEC. 131.

 Section 76224 of the Education Code is amended and renumbered to read:

76224.
76224. 76235. 
 (a) When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.
(b) No grade of a student participating in a physical education class, however, may be adversely affected due to the fact that the student does not wear standardized physical education apparel where the failure to wear such that  apparel arises from circumstances beyond the control of the student.

SEC. 131.5.

 Section 76225 of the Education Code is amended to read:

76225.
 (a)  Whenever a student transfers from one community college or public or private institution of postsecondary education to another within the state, appropriate records or a copy of appropriate records  thereof  shall be transferred by the former community college, college,  or college or  university upon a request from the student. However, the community college, college, or university from which the student is transferring may notify the student that the student’s records will be transferred upon payment by the student of all fees and charges due the community college, college, or university.  Any community college, college, or university making a transfer of these records shall notify the student of the student’s  his or her  right to receive a copy of the record and the student’s  his or her  right to a hearing to challenge the content of the record.
(b) The board of governors may adopt rules and regulations concerning the transfer of records pursuant to subdivision (a) to, from, or between colleges under its jurisdiction.
(c) Using available funding apportioned to their community college district pursuant to Section 84750.4, community colleges enrolling high school pupils through dual or concurrent enrollment pursuant to Sections 48800 and 76001, shall use eTranscript California, also referred to as “eTranscriptCA,” or its successor system, to enable the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform.

SEC. 131.7.

 Section 76230 of the Education Code is amended to read:

76230.
 (a)  Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such  those  records, except as provided for in this chapter, is prohibited.
(b)  Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of receipt of  the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing provision  of qualified personnel to interpret records where appropriate.
(c) Any community college may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any student record. However, no charge shall be made for furnishing either of the following:
(1) Up to two transcripts of students’ records.
(2) Up to two verifications of various records of students.
(d) No charge may be made to search for or to retrieve any student record.

SEC. 132.

 Section 76232 of the Education Code is amended to read:

76232.
 (a) Any student may file a written request with the chief administrative officer of a community college district to correct or remove information recorded in his or her student records which the student alleges to be: (1) inaccurate; (2) an unsubstantiated personal conclusion or inference; (3) a conclusion or inference outside of the observer’s area of competence; or (4) not based on the personal observation of a named person with the time and place of the observation noted.
(b) (1)  Within 30 academic  days of receipt of the request, the chief administrative officer, or his or her designee, shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the community college district. The chief administrative officer or his or her designee shall then sustain or deny the allegations.
(2)  If the chief administrative officer, or his or her designee, sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information.
(3)  If the chief administrative officer, or his or her designee, denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the governing board of the community college district.
(c) (1)  Within 30 academic  days of receipt of an appeal, the governing board shall, in closed session  session, meet  with the student and the employee who recorded the information in question, if any, and if that employee is presently employed by the community college district, determine whether to sustain or deny the allegations.
(2)  If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his or her designee, to immediately correct or remove and destroy the information.
(3)  The decision of the governing board shall be final.
(4)  Records of these administrative proceedings shall be maintained in a confidential manner manner,  and shall be destroyed one year after the decision of the governing board unless the student initiates legal proceedings relative to the disputed information within the prescribed period.
(d) If the final decision of the governing board is unfavorable to the student student,  or if the student accepts an unfavorable decision by the chief administrative officer, the student shall have the right to submit a written statement of his or her objections to the information. This statement shall become a part of the student’s record until the information objected to is corrected or removed.

SEC. 132.3.

 Section 76234 of the Education Code is amended to read:

76234.
 (a)  Whenever there is included in any student record information concerning any disciplinary action or proceeding  taken by a community college in connection with any alleged sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall  shall, to the extent possible,  be informed within three days of the results of any disciplinary action or proceeding  by the community college and the results of any appeal. The alleged victim shall keep the results of that disciplinary action or proceeding  and appeal confidential.
(b) For purposes of this section, “results of any disciplinary action or proceeding” shall include only the name of the student, the violation committed, and any sanction imposed by the district on the student, and it may include the name of another student, such as a victim or witness, only with the written consent of that other student.

SEC. 132.5.

 Section 76240 of the Education Code is amended to read:

76240.
 (a) (1)  Community college districts shall adopt a policy identifying those categories of directory information, information  as defined under Section 1232g of Title 20 of fo  the United States Code as it exists on January 1, 2006,  that may be released. The names and addresses of students may be provided to a private school or college operating under Sections 8080 to 8093, inclusive, Sections 33190 and 33191, or Sections 94000 to 94409, inclusive, or its authorized representative. However, no private school or college shall use this information for other than purposes directly related to the academic or professional goals of the institution. institution; any violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500), and, in addition, the privilege of the school or college to receive this information shall be suspended for a period of two years from the time of discovery of the misuse of the information. 
(2) Any violation of this subdivision is a misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500), and, in addition, the privilege of the school or college to receive this information shall be suspended for a period of two years from the time of discovery of the misuse of the information.
(b) Any community college district may limit or deny the release of specific categories of directory information based upon a determination of the best interests of students.
(c) Directory information may be released according to local policy as to any former student or any student currently attending the community college. However, public notice shall be given at least annually of the categories of information that which  the district plans to release and of the recipients. No directory information shall be released regarding any student or former student when the student or former student has notified the institution that the information shall not be released.

SEC. 132.7.

 Section 76241 of the Education Code is repealed.

76241.
 Nothing in this chapter shall preclude a community college from providing, in its discretion, statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students.

SEC. 133.

 Section 76243 of the Education Code is amended to read:

76243.
 (a) A community college or community college district is not authorized to permit access to student records to any person without the written consent of the student or unless pursuant to judicial order, except that access may be permitted to the following: under judicial order except  
(1) Officials and employees of the community college, if they have a legitimate educational interest to inspect a record.
(2)  Authorized representatives of the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, except that when the collection of personally identifiable information is specifically   as  authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements. law. 
(3) Other state and local officials or authorities to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974.
(4) Officials of other public or private schools or school systems, including local, county, or state correctional facilities where educational programs are provided, where the student seeks or intends to enroll, or is directed to enroll, subject to the rights of students as provided in Section 76225.
(5) Agencies or organizations in connection with a student’s application for, or receipt of, financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(6) Accrediting organizations in order to carry out their accrediting functions.
(7) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted.
(8) (A) Appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretary of Health, Education, and Welfare.
(B) (b)  A No  person, persons, agency, agency  or organization permitted access to student records pursuant to this section shall not  permit access to any information obtained from those records by any other person, persons, agency, or organization, except to the extent permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law,  agency or organization  without the written consent of the student, provided that this subparagraph subdivision  shall not require prior student consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency or organization obtaining access, so long as those persons have a legitimate educational interest in the information.
(b) The alleged victim of any sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat or assault, or any conduct that threatens the health and safety of the alleged victim, which is the basis of any disciplinary action taken by a community college, shall be permitted access to that information. For the purposes of this subdivision, access to student record information shall be in the form of notice of the results of any disciplinary action by the community college and the results of any appeal, which shall be provided to the alleged victim within three days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential.

SEC. 134.

 Section 76245 of the Education Code is amended to read:

76245.
 The service of a lawfully issued subpoena or a court order upon a community college  district  employee solely for the purpose of causing the employee to produce a school record pertaining to any student  student record  may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the community college or community college office.  with the district.  The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof.

SEC. 135.

 Section 76246 of the Education Code is repealed.

76246.
 The Board of Governors of the California Community Colleges shall adopt appropriate rules and regulations to insure the orderly implementation of this chapter. A community college district governing board may adopt rules and regulations which are not inconsistent with this chapter or with those adopted by the board of governors in order to ensure the orderly implementation of this chapter.

SEC. 136.

 The heading of Chapter 1.7 (commencing with Section 76250) is added to Part 47 of the Education Code, to read:

CHAPTER  1.7. Student Health Services and Supervision

SEC. 137.

 Section 76300 of the Education Code is amended to read:

76300.
 (a) The governing board of each community college district shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six eleven  dollars ($46) ($11)  per unit per semester, effective with the summer term of the 2012 calendar year. semester . 
(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, system  and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community college  districts pursuant to Section 84750.4 or 84750.5, as applicable,  84750,  the board of governors shall subtract, subtract  from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by Section 84757.
(2) California State University or University of California students enrolled in pretransfer remedial  classes provided by a community college  district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district  may exempt special part-time students admitted pursuant to Section 76001 76000  from the fee requirement.
(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B) Meets one of the following criteria:
(i) (g)  At  The fee requirements of this section shall be waived for any student who, at  the time of enrollment, is a recipient of benefits under the Temporary Assistance for to  Needy Families program, the Supplemental Security Income/State Supplementary Payment  Program, or a general assistance program. program, or has demonstrated financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. The governing board also shall waive the fee requirements of this section for any student who demonstrates eligibility according to income standards established by regulations of the board of governors. 
(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.
(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student.
(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent dependent,  or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.
(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1) The dependent was a resident of California on September 11, 2001.
(2) The individual killed in the attacks was a resident of California on September 11, 2001.
(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m) (i)  (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive. and (h). 
(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college  districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive.  and (h).  From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the  and (h) for  determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers).  Funds allocated to a community college  district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.
(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.
(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.
(o) (j)  The board of governors shall adopt regulations implementing this section.

SEC. 138.

 Section 76350 of the Education Code is amended to read:

76350.
 (a) A district that offers classroom instruction in postgraduate and upgrading courses under subdivision (d) of Section 3093 of the Labor Code may impose a fee upon individuals receiving instruction in those courses. The fee shall not exceed the amount necessary to cover the total cost of all the classroom instruction given to those individuals, as determined by the governing board.
(b)  Except as provided in Section 3074.7 of the Labor Code,  subdivision (a),  no charges or fees shall be required to be paid by a resident or nonresident apprentice, or by his or her parent or guardian, for admission or attendance in any course of activity or community college course  that is offered pursuant to Section 3074 of the Labor Code in accordance with the instructional hours requirements and course requirements specified in  requirements relating to instructional hours specified in subdivision (d) of  Section 3078 of the Labor Code.

SEC. 139.

 Section 76355 of the Education Code is amended to read:

76355.
 (a) (1) The governing board of a district maintaining a community college may require community college students to pay a fee in the total amount of not more than ten dollars ($10) for each semester, seven dollars ($7) for summer school, seven dollars ($7) for each intersession of at least four weeks, or seven dollars ($7) for each quarter for health supervision and services, including direct or indirect medical and hospitalization services, or the operation of a student health center or centers, or both.
(2) The governing board of each community college district  may increase this fee by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Whenever that calculation produces an increase of one dollar ($1) or more  above the existing fee, the fee may be increased by one dollar ($1). an amount not to exceed that increase in whole dollar amounts. The Legislature finds and declares that the changes made to this subdivision during the 2001–02 Regular Session of the Legislature are declaratory of existing law. 
(b) If, pursuant to this section, a fee is required, the governing board of the district  shall decide the amount of the fee, if any, that a part-time student is required to pay. The governing board may decide whether the fee shall be mandatory or optional.
(c) The governing board of a district maintaining a community college  shall adopt rules and regulations that exempt the following students from any fee required pursuant to subdivision (a):
(1) Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization.
(2) Students who are attending a community college under an approved apprenticeship training program.
(3) Low-income students, including students who demonstrate financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid and students who demonstrate eligibility according to income standards established by regulations of the board of governors.
(d) (1) All fees collected pursuant to this section shall be deposited in the fund of the district designated by the California Community Colleges Budget and Accounting Manual. These fees shall be expended only to provide health services as specified in regulations adopted by the board of governors.
(2) Authorized expenditures shall not include, among other things, athletic trainers’ salaries, athletic insurance, medical supplies for athletics, physical examinations for intercollegiate athletics, ambulance services, the salaries of health professionals for athletic events, any deductible portion of accident claims filed for athletic team members, or any other expense that is not available to all students. No student shall be denied a service supported by student health fees on account of participation in athletic programs.
(e) Any community college  district that provided commences  health services in  during or after  the 1986–87 fiscal year shall maintain health services, at  these services at least at  the level provided during the 1986–87 fiscal year, and each fiscal year thereafter. Any district that commences health services after the 1986–87 fiscal year shall maintain these services at least at the level provided during the first year in which these services were provided.  If the cost to maintain that level of service exceeds the limits specified in subdivision (a), the excess cost shall be borne by the district.
(f) A district that begins charging a health fee may use funds for startup costs from other district funds, funds  and may recover all or part of those funds from health fees collected within the first five years following the commencement of charging the fee.
(g) The board of governors shall adopt regulations that generally describe the types of health services included in the health service program.

SEC. 140.

 Section 76360 of the Education Code is amended to read:

76360.
 (a) (1) The governing board of a community college district  may require students in attendance and employees of the district to pay a fee, in an amount, amount  not to exceed fifty forty  dollars ($50) ($40)  per semester and twenty-five twenty  dollars ($25) ($20)  per intersession, intersession  to be established by the board, for parking services. The fee shall only be required of students and employees using parking services and shall not exceed the actual cost of providing parking services.
(2) To encourage ridesharing and carpooling, the fee shall not exceed thirty-five dollars ($35) per semester and fifteen dollars ($15) per intersession  for a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college. college, the fee shall not exceed thirty dollars ($30) per semester and ten dollars ($10) per intersession. 
(3) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces.
(b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus:
(A) The full-time equivalent student (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses.
(B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses.
(2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure.
(c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300  are recipients of benefits under the Temporary Assistance for Needy Families program, Supplemental Security Income/State Supplementary Program, or a general assistance program, or who have demonstrated financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid,  shall be exempt from parking fees imposed pursuant to this section that exceed thirty twenty  dollars ($30) ($20)  per semester.
(d) The governing board of a community college district  may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees.
(e) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college.
(f) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 76063  shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization.
(g) “Parking services,” as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles as defined by Sections 415 and 670 of the Vehicle Code.

SEC. 141.

 Section 76361 of the Education Code is amended to read:

76361.
 (a) The governing board of a community college district may require students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees.
(b) Fees authorized by subdivision (a) for transportation services may be required to be paid only by students and employees using the services, or, in the alternative, by any either  of the following groups of people:
(1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of ,  the district, the  fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c),  students  and all employees of the campus of the community college  district.
(2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of ,  the district, the  fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c),  students  at the campus of the community college  district. However, the employees shall not be entitled to use the services.
(3) Upon the favorable vote of a majority of the students at a campus of the district taking a specified number of course credits for a specified duration, to be determined by the governing board, who voted at an election on the question of whether or not the governing board should require all students taking that prescribed number of course credits to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by those students taking the prescribed number of course credits, except those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services.
(c) If  If, pursuant to this section,  a fee is required of students for transportation services pursuant to paragraph (1) or (2) of subdivision (b), the  services, any  fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. Notwithstanding any other law, the governing board of a community college district that provides for transportation services  In addition, a governing board maintaining transportation services shall adopt rules and regulations governing the exemption of low-income students from required fees, and  may adopt rules and regulations to exempt low-income students from this fee, or to require low-income students to pay all or part of this fee. that provide for the exemption of others. 
(d) Notwithstanding any other law:
(1) The governing board of a community college district to which this section applies shall not enter into, or extend, a contract for transportation services provided by a common carrier or a municipally owned transit system, funded by the proceeds of a fee authorized under this section, unless and until a majority of the students of that district, or campus of that district, as appropriate, who vote in an election, held no more than 10 years prior to the date of the expiration of the contract proposed to be entered into or no more than 10 years prior to the date to which it is proposed that an existing contract be extended, have approved the payment of the fee for this purpose.
(2) An election held pursuant to this section shall be held in accordance with regulations adopted by the board of governors to ensure that the election is publicly noticed and that all students of that district or campus of that district, as appropriate, including full-time, part-time, evening, and weekend students, have an opportunity to vote in the election.
(3) If the governing board of a community college district decides to seek to terminate or alter the arrangements under which the district receives transportation services from a common carrier or municipally owned transit system, the governing board shall provide at least 12 months’ notice of that intention to the provider of transportation services.
(e) (d)  (1)  The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed seventy sixty  dollars ($70) ($60)  per semester or thirty-five thirty  dollars ($35) ($30)  per intersession, or the proportionate equivalent for part-time enrollment.
(2) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces.
(f) (e)  The governing board of a community college district  also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees.
(g) (f)  This section does not apply to, and a no  fee shall not  be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district.
(g) Pursuant to the Americans with Disabilities Act, under no circumstances may a district charge a greater fee to any person with a disability.

SEC. 142.

 Section 76365 of the Education Code is amended to read:

76365.
 The board of governors shall adopt regulations regarding the authority of community college districts to require students to provide various types of instructional materials. These regulations shall reflect the intent of the Legislature that community college districts are not required to provide all materials, textbooks, equipment, and clothing necessary for each course and program. These regulations shall specify the conditions under which districts may require students to provide those materials that are of continuing value to the student outside of the classroom setting, including, but not necessarily  limited to, textbooks, tools, equipment, clothing, and those materials that are necessary for the student’s vocational training and employment. The regulations shall establish a process for monitoring district compliance with these regulations.

SEC. 143.

 Section 76370 of the Education Code is amended to read:

76370.
 The  (a)  governing  (1)  board of a community college district may authorize a person to audit a community college course and may charge that person a fee pursuant to this section. 
The governing board of a community college district may authorize a person to audit a community college course and may charge that person a fee pursuant to this section. 
(a) (2)  If a fee for auditing is charged, it shall not exceed fifteen dollars ($15) per unit per semester.
(3)  The governing board shall proportionately adjust the amount of the fee for term lengths based upon a quarter system or other alternative system approved pursuant to regulations of the board of governors, and shall also proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the governing board may round the per unit fee and the per term or per session fee to the nearest dollar.
(b) Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged a fee to audit three or fewer semester units per semester.
(c) No student auditing a course shall be permitted to change his or her enrollment in that course to receive credit for the course.
(d) Priority in class enrollment shall be given to students desiring to take the course for credit towards a degree or certificate.
(e) Classroom attendance of students auditing a course shall not be included in computing the apportionment due a community college district.

SEC. 144.

 Section 76375 of the Education Code is amended to read:

76375.
 (a)   (1) The governing board of a community college district may establish an annual building and operating fee for the purpose of financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, which facilities that are approved by the governing board and that students have expressed a wish to support. This  fee shall be required of all students attending a community college where the student body center  facility  is to be located.
(2) The fee shall be imposed by the governing board, at its option, only after a favorable vote of two-thirds of the students voting in an election held for that purpose at a community college, in the manner prescribed by the Board of Governors of the California Community Colleges, and open to all regular students enrolled in credit classes at the community college. The election shall occur on a regularly scheduled college day day,  and at least 20 percent of the students enrolled in credit classes as of October 1 of the college year during which the election is held must cast a ballot for the election to be declared valid.
(3) The annual building and operating fee shall not exceed one dollar ($1) per credit hour,  semester or quarter unit, as applicable,  up to a maximum of ten dollars ($10) per student per fiscal year. The fee requirement shall not apply to students enrolled in the noncredit courses designated by Section 84757. The fee requirement shall not apply to a student who is a recipient of the benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Program, or the General Assistance program.
(4) The fee authorized by this section shall be supplemental to all other fees charged to community college students.
(5) If fee income is used to retire obligations the district incurs when it uses a revenue bond to construct a student center,  facility under this section,  the fee shall remain in effect at least until the bond obligation is retired.
(b) Each community college  The  district shall be responsible for the custody of the moneys collected pursuant to this section, and shall provide the necessary accounting records and controls thereof. The district shall be reimbursed from these funds in an amount to cover the cost of custodial and accounting services provided by the district in connection with these funds. These funds may be expended by the district only upon submission and approval of the appropriate claim schedule by the student government or its designee.
(c) All unexpended funds and money collected by any community college district pursuant to this section shall be available for financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center,  facility funded under this section,  and until so used, shall, subject to the approval of the student government, be deposited or invested in trust by the  appropriate district official officials  in any one or more of the following ways:
(1) Deposits in trust accounts of a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation.
(2) Investment certificates or withdrawable shares in state chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation.
(3) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code.
(4) Participation funds that are exempt from federal income tax pursuant to Section 501(c)(3) of Title 26 of the United States Code and that are open exclusively to nonprofit colleges, universities, and independent schools.
(5) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration, Administration  and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully recovered by that insurance.
(6) Deposits with the county treasurer of the county in which the district is located.
(d) The student government of a community college with an annual building and operating fee pursuant to this section shall determine the appropriate uses of the fee income and the student body center facility itself. use of the facility itself to the extent it is funded by the fee. 

SEC. 145.

 Section 76380 of the Education Code is amended to read:

76380.
 (a) An adult enrolled in a noncredit course shall not be required by the governing board of the district maintaining the class to pay nonresident tuition or any fee or charge of any kind for a class in English and  as a second language, a class in  citizenship for foreigners, a class in an elementary subject, a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma, or any class offered by a community college district pursuant to Section 8531, 8532, 8533, or 8534. as a vocational and occupational training or retraining program for adults, or as adult continuing education. 
(b) The full-time equivalent student of adults in classes described in subdivision (a) shall be computed as prescribed by regulations of the board of governors.

SEC. 146.

 Section 76385 of the Education Code is amended to read:

76385.
 A student enrolled in a class offered by a community college district that is not eligible for state apportionments may be required by the governing board of the district maintaining the class  to pay a fee for the class. The total revenues derived from the fee shall not exceed the estimated cost of all of these classes maintained.

SEC. 147.

 The heading of Chapter 3 (commencing with Section 76400) of Part 47 of the Education Code is repealed.

SEC. 148.

 The heading of Article 1 (commencing with Section 76400) of Chapter 3 of Part 47 of the Education Code is repealed.

SEC. 149.

 Section 76401 of the Education Code is amended and renumbered to read:

76401.
76401. 76250. 
 The governing board of any community college district shall make such  rules for the examination of the students in the community colleges under its jurisdiction as that  will ensure proper care of the students and ensure  proper secrecy confidentiality  in connection with any defect noted by the supervisor of health, or his or her assistant, and may tend to the correction of the physical defect. health or medical conditions, including applicable confidentiality requirements under the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and may provide for treatment of these conditions. 

SEC. 150.

 Section 76403 of the Education Code is amended and renumbered to read:

76403.
76403. 76252. 
 (a) Notwithstanding any other provision of law, the governing board of any community college district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in students. Furthermore, it is the intent of the Legislature that districts also cooperate with properly authorized government officials and applicable laws related to the prevention and control of communicable diseases. 
(b) A registered nurse, acting under the direction of a supervising physician and surgeon, may perform immunization techniques within the course of a school college  immunization program program,  provided that the administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with written regulations which that  the State Department of Health Services may adopt pursuant to Section 303.5 of the Health and Safety Code. . 
(c) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon under whose direction the registered nurse is acting shall require the nurse to: to accomplish both of the following: 
(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of these agents, and in the recognition and treatment of any emergency reactions to agents which that  constitute a danger to the health or life of the person receiving the immunizations; and immunizations. 
(2) Possess medications and equipment required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents and which that  constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and to utilize the equipment as necessary.

SEC. 151.

 Section 76407 of the Education Code is amended and renumbered to read:

76407.
76407. 76254. 
 (a) Notwithstanding any provision of any  law, no community college district, officer of any community college district, college president or superintendent, physician,  district employee, physician, licensed health care provider,  or hospital treating any minor enrolled in any school in any  that  district shall be held liable for the reasonable treatment of a minor without the consent of a parent or guardian of the child when the minor is ill or injured during regular schools hours,  while on district property and  requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the district a written objection to any medical treatment other than first aid.
(b) Notwithstanding any other  provision of any  law, no physician and surgeon who  , or other licensed health care provider, who,  in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college  district  athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon  surgeon, or other licensed health care provider,  in rendering the emergency medical care. The immunity granted by this paragraph subdivision  shall not apply in the event of an act or omission constituting gross negligence.

SEC. 152.

 Section 78016 of the Education Code is repealed.

78016.
 (a) Every vocational or occupational training program offered by a community college district shall be reviewed every two years by the governing board of the district to ensure that each program, as demonstrated by the California Occupational Information System, including the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information, does all of the following:
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other manpower training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment and completion success of its students.
(b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year.
(c) The review process required by this section shall include the review and comments by the local Private Industry Council established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the appropriate governing body.
(d) This section shall apply to each program commenced subsequent to July 28, 1983.
(e) A written summary of the findings of each review shall be made available to the public.

SEC. 153.

 Section 78020 of the Education Code is amended to read:

78020.
 For purposes of this article:
(a) “Contract education” means those situations in which a community college district contracts with a public or private entity or person  for the purposes of providing instruction or services ,  or both both,  by the community college. district. 
(b) “Credit” refers to any class offered for community college credit, regardless of whether the class generates state apportionments.
(c) “Noncredit” refers to courses that meet the criteria for apportionment pursuant to Section 84757.
(d) “Not-for-credit” refers to classes, including community services classes, that are offered without credit and that are not eligible for apportionments pursuant to Section 84757.

SEC. 154.

 Section 78021 of the Education Code is amended to read:

78021.
 (a) The governing board of any community college district may establish, or with one or more community college districts may establish, contract education programs within or outside the state by agreement with any public or private agency, corporation, association, or any other person or body, to provide specific educational programs or training to meet the specific needs of these bodies.
(b) The contracting community college  district or districts shall recover, from all revenue sources, including, but not necessarily limited to, public and private sources, or any combination thereof, an amount equal to, but not less than, the actual costs, including administrative costs, incurred in providing these programs or training.
(c) The attendance of students in these contract education programs shall not be included for purposes of calculating the full-time equivalent students (FTES) for apportionments to these districts, unless all statutory and regulatory conditions for generating FTES are met.

SEC. 155.

 Section 78022 of the Education Code is amended to read:

78022.
 (a) Faculty in all credit and noncredit contract education classes shall be selected and hired according to procedures existing in a community college district for the selection of instructors for credit classes.
(b) Faculty teaching credit and noncredit contract education classes shall be compensated in the same manner as comparable faculty in the regular, noncontract education program. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement.
(c) Faculty teaching credit or noncredit contract education classes shall be evaluated according to the procedures used for the evaluation of faculty in the regular, noncontract education program.
(d) Faculty teaching not-for-credit contract education classes shall be compensated in the same manner as faculty in the regular, noncontract education program if the course meets the same standards as a course in the credit curriculum. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement.
(e) Faculty teaching not-for-credit contract educational programs shall be evaluated according to procedures specified in the contract between the community college district and the public or private entity or person  to establish the program.
(f) This section shall not be construed to restrict the appearance of guest lecturers in any programs or classes operated by a community college  district.

SEC. 156.

 Section 78030 of the Education Code is amended to read:

78030.
 (a) The Legislature finds and declares as follows: 
(1) Many community college students desire to attend, and do attend, community colleges outside their district of residence.
(2) Prior to the passage of Proposition 13, interdistrict attendance restrictions were necessary to provide for payments from the district of residence to a district of attendance whenever significant numbers of students were involved.
(3) The fact that community colleges are now substantially reliant upon the state for financial resources rather than upon local residents compels a reexamination of the concern over subsidization of the attendance of nondistrict residents.
(4) Community college district boundaries are often irregular in configuration and require many students to attend community colleges in less convenient locations when interdistrict attendance restrictions are imposed.
(5) Transportation is the most significant cost facing community college students with regard to college attendance.
(6) It is not in the best interests of the people of the State of California that attendance at a community college be restricted to a person’s district of residence.
(b)  It is the intent of the Legislature in enacting this article to provide for the unrestricted enrollment and attendance of students at community colleges, thereby providing each resident of the state an equal opportunity to attend the community college of his or her choice.
(b) The board of governors shall adopt regulations for the interdistrict attendance of students. These regulations shall provide that, subject to Article 1 (commencing with Section 76000) of Chapter 1 of Part 47, a district resident shall be admitted to a community college in another district without regard to district boundaries unless the board of governors finds that compelling, extenuating circumstances exist under which the application of the policy specified in subdivision (a) would be substantially detrimental to the opportunity of students to obtain a high-quality education.

SEC. 157.

 Section 78031 of the Education Code is repealed.

78031.
 (a) Subject to Article 1 (commencing with Section 76000) of Chapter 1 of Part 47, a district resident, as defined for purposes of Part 41 (commencing with Section 68000), shall be admitted to a community college in another district without regard to district boundaries, unless the Board of Governors of the California Community Colleges finds that compelling, extenuating circumstances exist under which the application of this policy would be substantially detrimental to the opportunity of students to obtain a quality education.
(b) No district shall restrict the admission of its residents into a community college of another district, nor shall it restrict the admission of residents of another district into its community college or colleges, except as authorized under Section 78032.

SEC. 158.

 Section 78032 of the Education Code is amended to read:

78032.
 (a)   The Board of Governors of the California Community Colleges may, pursuant to a finding that one or more of the following concerns in any community college district requires the restriction of interdistrict attendance, impose one or more restrictions upon interdistrict attendance with regard to that district as it deems necessary:
(1) Protection of the financial health of the district, and of educational program integrity, including, but not limited to, maintenance of the appropriate quality and scope of student educational opportunity.  
(2) The need to avoid overcrowding, in light of the available space in the district.  
(3) The priority that resident students not be displaced by students who do not reside in the district.  
(4) The avoidance of any serious disruption in the ethnic balance of the student population of any affected district.
(b) No restriction adopted under subdivision (a) shall apply for a period of longer than two years, absent additional action of the board of governors to continue that restriction.
(c) (1) No community college district shall recruit any student who is a resident of any other community college district, except where an agreement exists between those districts authorizing each district to recruit within the boundaries of the other district.  
(2) If, pursuant to an agreement as described in paragraph (1), a community college district recruits within the boundaries of another community college district, it shall recruit from all high schools within that other district, and may not favor any high schools over other high schools within that other district unless it is intended to improve the racial balance of the recruiting community college  district.  
(3) For purposes of this section:
(3)  (A) “Recruiting”  “Recruiting,” for purposes of this section,  means either or both of the following actions by a community college district, where the apparent purpose is to encourage student attendance in that district:  
(i) The mailing by a community college district, to any address not within its boundaries, of class schedules or other written information, except to current or former students of the district or at the addressee’s request.
(ii) The personal visit by a representative of the community college district to any high school, except in response to an invitation from the school district of which the high school is a part.  
(B) “Recruiting” does not include  include, for this purpose,  any information provided by a community college district through radio, television, or any newspaper or other publication that is not published or otherwise issued by the district, and for which distribution is not limited to residents of the district.  
(d) The board of governors shall authorize the Chancellor of the California Community Colleges to retain in any fiscal year an amount of up to 5 percent of the appropriation calculated under Chapter 5 (commencing with Section 84700) of Part 50 as a penalty applicable to any community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors under this section. Any funds retained pursuant to this subdivision shall revert to the General Fund.  
(e) The board of governors shall annually report to the Legislature and the Governor regarding any restrictions imposed pursuant to subdivision (a), statistical information relating to interdistrict attendance, and any retention of funds pursuant to subdivision (d).

SEC. 159.

 Section 78103 of the Education Code is amended to read:

78103.
 The libraries shall be open for the use of the faculty and the students of the community college district during the day. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of academic personnel. personnel or those employed pursuant to minimum standards adopted by the board of governors. 

SEC. 160.

 Section 78210 of the Education Code is amended to read:

78210.
 This article shall be known and may be cited as the Seymour-Campbell Student Success Act of 2012. Matriculation Act. 

SEC. 161.

 Section 78211 of the Education Code is amended to read:

78211.
 It is the intent of the Legislature to do all of the following:
(a) Ensure equal education opportunity for all Californians.
(b) Provide students with the resources and support to establish informed educational choices aligned with their academic and career goals.
(c) (b)  Ensure that students receive the educational services necessary to optimize their opportunities for success in completing their educational goals and courses of study. success. 
(d) Recognize that student success is the responsibility of the institution and student, supported by well-coordinated and evidence-based student and instructional services to foster academic success.
(e) (c)  Target state resources on the provision of critical student services, such as counseling and student advising, and identify a broad array of service delivery mechanisms that can effectively reach a greater number of students. Provide students with the information to establish realistic educational goals, and ensure that the matriculation process does not exclude students from receiving appropriate educational services at community colleges. 
(f) (d)  Recognize the importance for  Ensure that  community college districts of establishing local and regional partnerships with school districts, workforce agencies, and other system partners to leverage resources to assist students in exploring career options, preparing for college, and developing and achieving educational goals and plans. develop and maintain matriculation services, and a budget for matriculation as described in this article. 

SEC. 162.

 Section 78211.5 of the Education Code is amended to read:

78211.5.
 (a) The
(a)  The purpose of the Seymour-Campbell Student Success Act of 2012 is to increase California community college student access and success by providing effective core matriculation services, including orientation, assessment and placement, counseling, and other education planning services, and academic interventions. The focus of the Seymour-Campbell Student Success Act of 2012 is on the entering students’ transition into college in order to provide a foundation for student achievement and successful completion of students’ educational goals, with a priority toward serving students who enroll to earn degrees, career technical certificates, transfer preparation, or career advancement. The Seymour-Campbell Student Success Act of 2012 targets state resources on core matriculation services that research has shown to be critical in increasing the ability of students to reach their academic and career goals. By focusing funding in these core areas and leveraging the use of technology to more efficiently and effectively serve a greater number of students, the goal of the Seymour-Campbell Student Success Act of 2012 is to provide students with a solid foundation and opportunity for success in the California Community Colleges.  board of governors shall require colleges to develop a plan for student matriculation that shall include a method of providing matriculation services, a budget for these services, staff and faculty training to implement matriculation services and information services, research, and evaluation to implement this article. 
(b) Any college or district receiving funding under this article shall agree to carry out its provisions as specified, but shall be bound to that agreement only for the period during which funding is received pursuant to this article.  The obligations of the a  college or district under the agreement  shall include, but not necessarily  be limited to, the expenditure of funds received pursuant to this article for only those matriculation  services approved by the board of governors and the contribution toward the purposes of this article of  of  matching funds as the board of governors may require pursuant to Section 78216.
(c) This article shall be operative only in fiscal years when funds are specifically appropriated for the purposes of this article. The board of governors shall review the need for state funds to implement this article, and shall include an estimate of that need in its budget for each year.

SEC. 163.

 Section 78212 of the Education Code is amended to read:

78212.
 (a) (1) For purposes of this article, “matriculation” means a process that brings a college and a student who enrolls for credit  into an agreement for the purpose of achieving realizing  the student’s educational goals and completing the student’s course of study.  objectives.  The agreement involves the responsibilities of both parties to attain those objectives through the college’s established programs, policies, and requirements including those established by the board of governors pursuant to Section 78215. requirements. It is the intent of the Legislature that the matriculation process facilitate, rather than restrict, student access to community college instruction. 
(2) The student’s responsibilities under the agreement include the expression of at least a broad educational intent upon enrollment, the declaration of a specific educational objective within a reasonable period after enrollment, diligence in class attendance and completion of assigned coursework, and the completion of courses and maintenance of progress toward an educational goal according to standards established by the college, the district, and the state.
(2) (b)  The institution’s responsibility under the agreement includes the provision of student services to provide a strong foundation and support for their academic success and ability to achieve their educational goals. The program of services funded through the Seymour-Campbell Student Success Act of 2012, which shall be known and may be cited as the Student Success and Support Program, shall include, but are not necessarily limited to,  Matriculation services to be made available by the colleges shall be defined by standards adopted by the board of governors, and shall include  all of the following:
(1) Processing of the application for admission.
(A) (2)  Orientation and preorientation  services designed to provide to students, on a timely basis, with  information concerning campus procedures, academic expectations, financial assistance, and any other matters the college or district finds appropriate.
(B) Assessment before course registration, as defined in Section 78213.
(C) (3)  Counseling and other education planning services,  Assessment and counseling upon enrollment,  which shall include, but not necessarily be limited to, all of the following:
(i) (A)  Counseling and advising. Administration of assessment instruments to determine student competency in computational and language skills. 
(ii) (B)  Assistance to students in the exploration of educational and career interests and aptitudes and identification of  identification of aptitudes, interests and  educational objectives, including, but necessarily  not limited to, preparation for transfer, associate degrees, and career technical education  associate of arts degrees, transfer for baccalaureate degrees, and vocational  certificates and licenses.  
(iii) (C)  The provision of information, guided by sound counseling principles and practices, using a broad array of delivery mechanisms, including technology-based strategies to serve a continuum of student needs and abilities, that will enable students to make informed choices. Evaluation of student study and learning skills. 
(iv) Development of an education plan leading to a course of study and guidance on course selection that is informed by, and related to, a student’s academic and career goals.
(D) Referral to specialized support services as needed and available,  needed,  including, but not necessarily limited to, federal, state, and local financial assistance; health services; career services; veteran support services; foster youth services;  campus employment placement services;  extended opportunity programs and services provided pursuant to Article 8 1.5  (commencing with Section 69640) of Chapter 2 of Part 42 of Division 5;  78230);  campus child care services provided pursuant to Article 4 (commencing with Section 8225) of Chapter 2 of Part 6 of Division 1 of Title 1;  6;  programs that teach basic skills education and  English as a second language; and disabled student services provided pursuant to Chapter 14 Article 2  (commencing with Section 67300) of Part 40 of Division 5. 78240). 
(E) Advisement concerning course selection.
(E) (4)  Evaluation  Postenrollment evaluation  of each student’s progress and referral to appropriate interventions progress, and required advisement or counseling  for students who are enrolled in basic skills  remedial  courses, who have not declared an educational goal objective  as required, or who are on academic probation, as defined by standards adopted by the Board of Governors of the California Community Colleges  board of governors  and community college districts.
(3) (c)   The student’s responsibilities under the agreement include, but are not necessarily limited to, the identification of an academic and career goal upon application, the declaration of a specific course of study after a specified time period or unit accumulation, as defined by the board of governors, diligence in class attendance and completion of assigned coursework, and the completion of courses and maintenance of academic progress toward an educational goal and course of study identified in the student’s education plan. To ensure that students are not unfairly impacted by the requirements of this chapter, the board of  board of  governors shall establish a reasonable implementation period that is phased in as resources are available to provide nonexempt students with the core services pursuant to this section. criteria for exempting students from participation in orientation, assessment testing, or required counseling or advisement under this article. 
(b) (d)  Funding for the Student Success and Support Program shall be targeted to fully implement orientation, assessment, counseling and advising, and other education planning services needed to assist a student in making an informed decision about his or her educational goal and course of study and in the development of an education plan. A district may establish and maintain career resource and placement centers to promote vocational and educational opportunities and facilitate career employment. 

SEC. 164.

 Section 78212.5 of the Education Code is repealed.

78212.5.
 It is the intent of the Legislature that, pursuant to Sections 78213 and 78213.1, all of the following are satisfied:
(a) All United States high school graduate students and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, shall be enrolled in, transfer-level English and mathematics courses if their program requires mathematics or English.
(b) California community colleges shall place and enroll students into transfer-level mathematics or English coursework that satisfies a requirement of the student’s intended certificate or associate degree or a requirement for transfer within their intended major.
(c) When the California State University and University of California systems require mathematics or English prerequisites, both of the following apply:
(1) Community colleges shall determine the methods of fulfilling the prerequisite, whether it be through high school coursework, completion of corequisite coursework or concurrent support activity, credit by examination, credit for prior learning, or multiple measures placement into, or completion of, a course with the same or higher prerequisite.
(2) The California State University shall, and the University of California is requested to, work collaboratively with the California Community Colleges to maintain articulation of courses successfully completed at the California Community Colleges.
(d) California community colleges create the largest opportunities possible for access to transfer-level courses, ensure the greatest enrollment possible into those courses, and provide students the support they need to perform well and be successful in completing those courses.
(e) In order to protect the rights of students with disabilities to fully benefit from participation in postsecondary educational programs, students with documented disabilities shall retain access to educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, that are offered to students who otherwise would not be able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services.
(f) Notwithstanding this article, community colleges remain responsible for implementing state and federal laws pertaining to funding and providing services to students with disabilities, including, but not limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), as amended, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as amended.

SEC. 165.

 Section 78213 of the Education Code is amended to read:

78213.
 (a) A community college  No  district or community  college shall not  may  use any assessment instrument for the purposes of this article without the authorization of the board of governors. The board of governors may adopt a list of authorized assessment instruments. instruments . The board of governors may waive this authorization requirement as to any assessment instrument pending evaluation. 
(b) The board of governors shall review all assessment instruments and shall consider for approval those that  to ensure that they  meet all of the following requirements:
(1) Assessment instruments shall meet established standards of validity and reliability.
(2) (1)  Assessment instruments shall be sensitive to cultural and language differences between students, and shall be adapted as necessary to accommodate students with disabilities. among students. 
(3) (2)  Assessment instruments shall be used solely  as an advisory tool to assist students in the selection of appropriate courses. an educational program. 
(4) (3)  Assessment instruments shall not be used to exclude students from admission to community colleges.
(c) (1) A community college district or community college shall maximize the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe of their initial attempt in the discipline. For a student with a declared academic goal, the transfer-level coursework shall satisfy the English and mathematics course requirements of the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline.
(2) Community colleges shall use, in the placement and enrollment of students into English and mathematics courses in order to achieve this goal, one or more of the following measures:
(A) High school coursework.
(B) High school grades.
(C) High school grade point average.
(3) When using multiple measures, colleges shall apply multiple measures in the placement and enrollment of all students in such a manner that all of the following occur:
(A) Low performance on one measure shall be offset by a higher performance on another measure.
(B) Multiple measures shall be used to increase a student’s placement recommendation and shall not be used to lower it.
(C) Any one measure may demonstrate a student’s preparedness for transfer-level coursework.
(D) The multiple measures placement shall not require students to repeat coursework that they successfully completed in high school or college or for which they demonstrated competency through other methods of credit for prior learning.
(E) The multiple measures placement gives students access to a transfer-level course that will satisfy a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major.
(4) For the purposes of this subdivision, using high school grade point average as a composite of student performance over multiple years of high school coursework is a sufficient use of multiple evidence-based measures.
(5) Community colleges shall use multiple evidence-based measures for placing students into English-as-a-second-language (ESL) coursework. For those students placed into credit ESL coursework, their placement should maximize the probability that they will complete degree and transfer requirements in English within three years.
(6) High school transcript data shall be used as the primary means for determining placement in English and mathematics courses. When high school transcript data is difficult to obtain, logistically problematic to use, or not available, a community college district or community college shall use self-reported high school information.
(7) (A) For students who have not graduated from high school, or for high school graduates unable to provide self-reported high school information, community colleges may use guided placement or self-placement.
(B) The placement and enrollment resulting from the guided or self-placement method shall maximize the probability that students enter and complete transfer-level mathematics and English coursework that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline.
(C) A community college may use guided placement or self-placement to direct English language learners who are not United States high school graduates into credit ESL programs and shall maximize the probability that students in credit ESL programs enter and complete transfer-level English within a timeframe of three years.
(D) District placement methods based upon guided placement, including self-placement, shall not do either of the following:
(i) Incorporate sample problems, assignments, assessment instruments, or tests, including those designed for skill assessment.
(ii) Request students to solve problems, answer curricular questions, present demonstrations and examples of coursework designed to show knowledge or mastery of prerequisite skills, or demonstrate skills through tests or surveys.
(8) (c)  The board of governors shall establish regulations governing the use of these and other measures, instruments, and placement models to ensure that the measures, instruments, and placement models selected by a community college demonstrate that they guide English and mathematics placements and enrollment to achieve the goal of maximizing the probability that a student will enter and complete transfer-level coursework in English and mathematics that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major within a one-year timeframe and credit ESL students will complete transfer-level coursework in English within a timeframe of three years. an advisory committee to review and make recommendations concerning all assessment instruments used by districts and colleges pursuant to this article. 
(9) A community college district or community college shall maximize the probability that a student will enter and complete college-level coursework in English and mathematics within a one-year timeframe that for students who seek a goal other than transfer, and who are in certificate or degree programs with specific mathematics and English requirements, as determined by the program’s advisory board or accrediting body, that cannot be met with transfer-level coursework.
(10) Programs without mathematics or English requirements are exempt from this subdivision.
(d) A community college district or community college shall not recommend or require students to enroll in pretransfer-level English or mathematics coursework unless both of the following are true:
(1) The student is highly unlikely to succeed in a transfer-level English or mathematics course based on their high school grade point average and coursework.
(2) The enrollment in pretransfer-level coursework will improve the student’s probability of completing transfer-level coursework in English and mathematics within a one-year timeframe or, for credit ESL students, completing transfer-level coursework in English within a three-year timeframe.
(e) (1) By July 1, 2023, if a community college places and enrolls students into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major, the community college shall show both of the following to verify the benefit of the coursework to students:
(A) The student is highly unlikely to succeed in a transfer-level English or mathematics course that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major.
(B) The enrollment will improve the student’s probability of completing transfer-level mathematics or English coursework that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe.
(2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2024, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing subsequent coursework that satisfies a requirement for their intended certificate or associate degree, or a requirement for transfer within their intended major.
(f) (1) By July 1, 2024, for calculus-based associate degrees or transfer majors in science, technology, engineering, and mathematics (STEM), community colleges shall examine the impact of placing and enrolling students into transfer-level course sequences, composed of no more than two transfer-level courses, that prepare students for the first STEM calculus course, in order to verify the benefit of the coursework to students by showing all of the following:
(A) The student is highly unlikely to succeed in the first STEM calculus course without the additional transfer-level preparation.
(B) The enrollment will improve the student’s probability of completing the first STEM calculus course.
(C) The enrollment will improve the student’s persistence to and completion of the second calculus course in the STEM program, if a second calculus course is required.
(2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2025, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing calculus for their STEM program.
(g) Community colleges are encouraged to explore the impact of concurrent support for the first STEM calculus course as an alternative to transfer-level preparatory courses that are not part of the STEM degree or transfer coursework for the STEM major.
(h) By July 1, 2023, a community college district or community college, when considering the placement and enrollment of a student into transfer-level English and mathematics, shall not rely upon any of the following as a justification for placing and enrolling a student into pretransfer-level mathematics or English coursework or into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major:
(1) The length of time between a student’s enrollment date at the community college and the student’s high school graduation date.
(2) Whether the student belongs to a special population, including, but not limited to, foster youth, veterans, economically disadvantaged students or those students who participate in extended opportunity programs and services, participants in disability services and programs for students, and students in Umoja, Puente, or Mathematics, Engineering, Science Achievement (MESA) programs.
(3) Whether the student can provide a high school transcript, self-reports high school information, or uses self-placement or guided placement.
(i) (1) By July 1, 2023, all United States high school graduates, and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, enrolled in, transfer-level English and mathematics courses.
(2) If the student has a declared academic goal, the mathematics and English coursework shall satisfy a requirement of the student’s intended certificate or associate degree or a requirement for transfer within the intended major.
(3) A community college shall not require students to repeat coursework that they have successfully completed in high school or college or take coursework that repeats competencies that the student has demonstrated through other methods of credit for prior learning.
(4) A community college shall not enroll into noncredit coursework students who have graduated from a United States high school or been issued a high school equivalency certificate, as a substitute or replacement for direct placement and enrollment into transfer-level English and mathematics coursework as described in paragraph (1) of subdivision (c).
(j) The following are exceptions to transfer-level placement and enrollment into mathematics and English coursework, as described in subdivision (i):
(1) Students who have not graduated from a United States high school or been issued a high school equivalency certificate.
(2) Students enrolled in a certificate program without English or mathematics requirements.
(3) Students enrolled in a noncredit ESL course who have not graduated from a United States high school or been issued a high school equivalency certificate.
(4) Students with documented disabilities in educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, who are otherwise not able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services.
(5) Students enrolled in adult education programs who have not graduated from a United States high school or been issued a high school equivalency certificate.
(6) Students enrolled in adult education programs who are enrolled in coursework other than mathematics or English.
(7) Current high school students in dual enrollment or taking courses not available in their local high school.
(8) The community college has provided local research and data pursuant to subdivisions (e) and (f) to verify the benefit of the placement and enrollment into transfer-level coursework that does not satisfy a requirement for the intended certificate or associate degree or a requirement for transfer within the intended major.
(9) College-level placement and enrollment in lieu of transfer-level placement and enrollment may occur for:
(A) Students in career technical programs seeking a certificate or associate degree with specific requirements, as dictated by the program’s advisory or accrediting body, that cannot be satisfied with transfer-level coursework
(B) Specific subgroups of students for whom a community college district or community college has provided local research and data meeting the evidence standards pursuant to subdivisions (e) and (f) that allow for the placement and enrollment of the student subgroup into pretransfer-level mathematics or English coursework.
(k) (1) For students who need or desire extra academic support when enrolled in transfer-level mathematics or English coursework, community colleges shall provide access to tutoring, support-enhanced transfer-level mathematics and English courses, concurrent low-unit credit or similar contact hour noncredit corequisite coursework for transfer-level mathematics and English, or other academic supports.
(2) A community college may require students to enroll in additional concurrent support, including additional language support for ESL students, during the same term that they take a transfer-level English or mathematics course, if it is determined that the support will increase the student’s likelihood of passing the transfer-level English or mathematics course.
(3) Nothing in this subdivision shall be construed as limiting student access to additional concurrent support nor requiring students to enroll into concurrent supports.
(l) The Chancellor’s Office of the California Community Colleges may require a community college or community college district to change or adopt a placement policy or practice identified by the chancellor’s office to ensure that a community college or community college district’s placement and enrollment of students into mathematics, English, and ESL is consistent with the requirements of this section.
(m) Nothing in this section is meant to add mathematics and English requirements to certificate programs that do not have mathematics or English requirements.
(n) For purposes of this section, the following definitions apply:
(1) “Assessment” means the process of gathering information about a student regarding the student’s study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment methods may include, but not necessarily be limited to, interviews, standardized tests, attitude surveys, vocational or career aptitude and interest inventories, high school or postsecondary transcripts, specialized certificates or licenses, educational histories, and other measures of performance.
(2) “Pretransfer level,” with respect to courses, includes basic skills, remedial, and college-level courses.
(3) “Transfer-level written communication” and “transfer-level quantitative reasoning” have the same meaning as transfer-level English and transfer-level mathematics, respectively.

SEC. 166.

 Section 78214 of the Education Code is amended to read:

78214.
 (a) All participating districts shall, with the assistance of the chancellor,  districts shall  establish and maintain institutional research to evaluate the effectiveness of the Student Success and Support Program  matriculation services  described by this article and of any other  programs or and  services designed to facilitate students’ completion of their educational goals and courses of study. remedy students’ skills deficiencies. 
(b) The metrics  data base  for this research shall include, but not necessarily  be limited to: to, all of the following: 
(1) Prior educational experience, including transcripts when appropriate, as determined by the chancellor.
(2) Educational goals and courses of study. objectives. 
(3) Criteria for exemption from orientation, assessment,  assessment  or required counseling or advisement, if applicable.
(4) Need for financial assistance.
(5) Disaggregated data by ethnicity, gender, disability, age, and socioeconomic status, to the extent this information is available. Ethnicity, sex, and age. 
(6) Academic performance, such as the completion of specified unit thresholds, success in basic skills courses, grade point average, course completion outcomes, transfer readiness, and degree and certificate completion. performance. 
(7) Any additional information that the chancellor finds appropriate.
(c) The evaluation provided required  for by this section shall include an assessment of the effectiveness of the programs and services in attaining at least the following objectives:
(1) Helping students to define their academic and career goals and declare a course of study. educational goals. 
(2) Assisting institutions in the assessment of students’ educational needs and valid course placement. needs.  
(3) Helping support students’ successful course completion and goal attainment.
(4) (3)  Matching institutional resources with students’ educational needs.
(4) Providing students with specialized support services.

SEC. 167.

 Section 78215 of the Education Code is repealed.

78215.
 (a) The Board of Governors of the California Community Colleges, in consultation with students, faculty, student service administrators, and other key stakeholders, shall establish policies and processes for all of the following:
(1) Requiring all nonexempt students to complete orientation and assessment and to develop education plans.
(2) Exempting students from participation in orientation, assessment, or required education planning services under this article.
(3) Requiring community college districts to adopt a student appeal process.
(b) To ensure that students are not unfairly impacted by the requirements of this chapter, these policies and processes shall be phased in over a reasonable period of time as determined by the board of governors in consideration of the resources available to provide the core services identified in Section 78212.
(c) It is the intent of the Legislature that these policies and processes be developed and implemented only as resources are provided and utilized by community college campuses to provide the student support services, individual counseling and advising, and technology-based strategies necessary to ensure that students can successfully meet the requirements of this section.

SEC. 168.

 Section 78216 of the Education Code is amended to read:

78216.
 (a) The Legislature recognizes that community college districts are currently funding various components of student matriculation through existing orientation, counseling and advising, education planning,  counseling,  assessment, and other student services, but that adequate student matriculation and implementation of the Student Success and Support Program strategies  cannot be realized without supplemental funding support.
(b) The board of governors shall develop a formula for allocating the funding for the Student Success and Support Program to implement the services identified in Section 78212  funding student matriculation services  at community colleges. The formula shall include the requirement that the districts or colleges contribute matching funds in an amount to be established by the board of governors in each case, and shall reflect, but not be  necessarily be  limited to, other considerations as follows: all of the following considerations: 
(1) The number of students to  who would  receive matriculation  services at each college.  
(2) The number of students who received orientation, assessment, counseling and advising, and other education planning services. levels of support for matriculation services provided at each college prior to July 1, 1985, and the need for funding assistance in the implementation of the program set forth in this article. 
(3) The requirement that funds for the Student Success and Support Program services be expended only for services approved by the board of governors. relative needs for matriculation services, based on special student populations such as low-income students, students with language differences, students with physical and learning disabilities, and students in need of remedial instruction. 
(4) The requirement that any district or college receiving funding pursuant to this section agree to implement this article, implement the board of governors’ system of common assessment, if using an assessment instrument for placement, and implement  funds for matriculation services be expended only for services approved by  the board of governors’ accountability scorecard, pursuant to Section 84754.5, when established during the period in which it receives that funding. governors. 
(5) Insofar as a community college district is able to fully implement in-person or technology strategies for orientation, assessment, and education planning services, the board of governors may identify other noninstructional support services that can be funded through this article.
(c) The board of governors shall require participating colleges to develop a Student Success and Support Program plan that reflects all of the following: 
(1) A description of the Student Success and Support Program services identified in Section 78212 to be provided.
(2) A description of the college’s process to identify students at risk for academic or progress probation and the college’s plan for interventions or services to students.
(3) The college budget for the state-funded Student Success and Support Program services pursuant to Sections 78212 and 78214.
(4) The development and training of staff and faculty to implement the Student Success and Support Program services.
(5) In multicampus districts, the coordination of the college Student Success and Support Program plan with other college plans within the district.
(6) Technology services and institutional research and evaluation necessary for implementation of this article.
(7) Coordination with college student equity plans to ensure that the college has identified strategies to monitor and address equity issues and mitigate any disproportionate impacts on student access and achievement.
(8) The extent to which the community college is able to develop partnerships with feeder high school districts, workforce agencies, and other community partners to assist entering students in career and educational exploration and planning and leverage resources to support a successful transition to college and career.
(d)  The board of governors may allocate up to 5 percent of the total funds appropriated for the Student Success and Support Program  student matriculation  for state administrative operations to carry out the intent of this article, subject to the review of the annual budget process.

SEC. 169.

 Section 78218 of the Education Code is repealed.

78218.
 In the 2012–13 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of this article.

SEC. 170.

 Article 2 (commencing with Section 78223) of Chapter 2 of Part 48 of the Education Code is repealed.

SEC. 171.

 The heading of Article 1.5 (commencing with Section 78230) is added to Chapter 2 of Part 48 of the Education Code, to read:

Article  1.5. Extended Opportunity Programs and Services

SEC. 172.

 Section 78239 is added to Article 1.5 (commencing with Section 78230) of Chapter 2 of Part 48 of the Education Code, to read:

78239.
 (a) As part of its extended opportunity programs and services (EOPS), a community college district may include cooperative agencies resources for education programs (CARE) for additional support services that include, but are not necessarily limited to, child care and transportation allowances, books and supplies, counseling, and other related services for EOPS eligible participants who are single heads-of-household and currently receiving aid through Temporary Assistance for Needy Families (TANF) or California Work Opportunity and Responsibility to Kids (CalWORKs).
(b) The board of governors shall adopt guidelines for the CARE programs.
(c) The board of governors is responsible for the administration of CARE funds.
(d) This section shall be operative only if funds are specifically appropriated for the purposes of CARE programs.

SEC. 173.

 The heading of Article 2 (commencing with Section 78240) is added to Chapter 2 of Part 48 of the Education Code, to read:

Article  2. Disabled Students Programs and Services

SEC. 174.

 Section 78249 of the Education Code is amended to read:

78249.
 (a) Notwithstanding any provisions of this code or the Labor Code to the contrary, the  other provision of law, the  community college district under whose supervision work-experience education, or occupational training classes held in the community, as defined by regulations adopted by the board of governors, are provided shall be considered the employer under Division 4 (commencing with Section 3200) of the Labor Code of persons receiving the training unless the persons during the training are being paid a cash wage or salary by a private employer, or unless the person or firm under whom those persons are receiving work experience or occupational training elects to provide workers’ compensation insurance. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice’s employer and not subject to this section, unless the apprentice is unemployed. Whenever the work-experience education, or occupational training classes held in the community, are under the supervision of a regional occupational center or program operated by two or more community college districts pursuant to Section 52301, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section.
(b) Sections 1292, 1293, and 1294 of the Labor Code shall not apply to work-experience education programs established pursuant to this article if the work-experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited, if parental approval is obtained, and the principal or the  counselor of the student has determined that the progress of the student toward graduation will not be impaired.

SEC. 175.

 Section 78271 of the Education Code is amended to read:

78271.
 The State Department of Transportation  California Transportation Commission  is authorized to make available to community colleges offering actual flight experience as part of the regular curriculum a basic insurance program and to ensure that adequate supervision and precautionary measures are taken by the flight school operators contracted to provide services for community college students. The governing board of any community college district offering actual flight experience as part of the regular curriculum may participate in the basic insurance program provided by the department, commission  and pay from the funds of the district a pro rata share of the cost of the insurance program.

SEC. 176.

 The heading of Article 5 (commencing with Section 78280) is added to Chapter 2 of Part 48 of the Education Code, to read:

Article  5. Programs for Prison Inmates, Wards, and Parolees

SEC. 177.

 Section 78300 of the Education Code is amended to read:

78300.
 (a) The governing board of a any  community college district may, without the approval of the board of governors,  Board of Governors of the California Community Colleges,  establish and maintain community service classes in civic, vocational, literacy, health, family and consumer sciences, technical, and  homemaking, technical education, and  general education, including, but not necessarily  limited to, classes in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, sports  and athletics. These classes shall be designed to provide instruction and to contribute to the physical, mental, moral, economic, or civic development of the individuals or groups enrolled in them. therein. 
(b) Community service classes shall be open for the admission of adults and of those minors who, as  in the judgment of the governing board, board  may profit from them. therefrom.  
(c) Governing boards   A governing board  shall not expend General Fund moneys to establish and maintain community service classes. Governing boards  A governing board  may charge students enrolled in community service classes a fee not to exceed the cost of maintaining community service classes, or may provide instruction in community service classes for remuneration by contract, or with contributions or donations of individuals or groups. The board of governors shall adopt guidelines defining the acceptable reimbursable costs for which a fee may be charged, charged  and shall collect data and maintain uniform accounting procedures to ensure that General Fund moneys are not used for community service services  classes.

SEC. 178.

 Section 78401 of the Education Code is amended to read:

78401.
 (a) The governing board of a community college district may, with the approval of the board of governors, establish and maintain classes for adults for the purpose of providing instruction in civic, vocational, literacy, health, family and consumer sciences, technical, and  homemaking, technical education, and  general education.
(b) Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law.
(c) Classes for adults shall be open for the admission of adults and of any minors who, in the judgment of the governing board, may be qualified for admission to them. thereto. 
(d) The board of governors shall establish standards, including standards of attendance, curriculum, administration, and guidance and counseling service for classes for adults as a basis for the several apportionments of state funds provided herein  for the support of these classes.
(e) The governing board of any  a community college  district maintaining an adult school shall prescribe the requirements for the granting of diplomas.
(f) Commencing with the 2019–20 fiscal year, the Chancellor’s Office of the California Community Colleges and the State Department of Education shall coordinate so that students enrolled in classes established pursuant to subdivision (a) shall be assigned a statewide student identifier consistent with the identifiers assigned to pupils in K–12 education programs, if the student is not already identified by a social security number in a community college district’s data system. For a student who formerly attended a California public school in kindergarten or any of grades 1 to 12, inclusive, or participated in another adult education program, the same statewide student identifier utilized for that student in the past programs shall be assigned. The chancellor’s office shall collect and maintain the identifiers of adult school students in the Adult Education Program data system.

SEC. 179.

 Section 79020 of the Education Code is amended to read:

79020.
 Except as otherwise provided the community colleges shall continue in session or close on specified holidays as follows:
(a) The community colleges shall close on each of the following days:
(1) January 1.
(a) (2)  The community colleges shall close on January 1, the  third Monday in January, commencing in the 1989–90 fiscal year,  known as “Dr. Martin Luther King, Jr. Day,” February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” and December 25. Day.” 
(3) February 12, known as “Lincoln Day.”
(4) The third Monday in February known as “Washington Day.”
(5) The last Monday in May known as “Memorial Day.”
(6) July 4.
(7) The first Monday in September known as “Labor Day.”
(8) November 11, known as “Veterans Day.”
(9) That Thursday in November proclaimed by the President as “Thanksgiving Day.”
(10) December 25.
(b) Any contractual provision between any community college district and its employees in effect on the effective date of the act that adds this subdivision  January 1, 1989,  shall prevail over any conflict regarding Dr. Martin Luther King, Jr. Day until the termination date of the contract or upon termination by mutual agreement of the parties, whichever occurs first.
(c) The Governor in appointing any other day for a public fast, thanksgiving, or holiday ,  may provide state  whether the community colleges shall close on the day. If the Governor does not provide state  whether the community colleges shall close, they shall continue in session on all special or limited holidays appointed by the Governor, but shall close on all other days appointed by the Governor for a public fast, thanksgiving, or holiday.
(d) (1)  The community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday.
(2) For purposes of this subdivision, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law.
(e) The community colleges shall continue in session on all legal holidays other than those designated by or pursuant to this section, and shall hold proper exercises commemorating the day.
(f) When any of the holidays on which the schools would be closed fall on Sunday, the community colleges shall close on the Monday following, except in either of the following circumstances:
(1) If Lincoln Day falls on a Sunday, the community colleges may observe this holiday on the preceding or following Friday, the following Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable.
(f) (2)  When any of the holidays on which the schools would be closed fall on Sunday, the community colleges shall close on the Monday following, except that (1) if  If  Lincoln Day falls on a Sunday, the community colleges may observe this holiday on the preceding or following Friday, the following Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable, or (2) if Lincoln Day falls on a Monday, the  Monday, the  community colleges may observe this holiday on the preceding or following Friday, that Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable.
(g) When any of the holidays on which the schools would be closed, except Lincoln Day, fall on Saturday, the community colleges shall close on the preceding Friday, and that Friday shall be declared a state holiday.
(h) If any holiday on which the community colleges are required to close pursuant to subdivision (a) occurs under federal law on a date different than the date specified in subdivision (a), the governing board of any community college district may close the community colleges of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a).
(i) When Veterans Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Wednesday, the governing board of a community college district  may close the colleges on either the preceding Monday or the following Friday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Thursday, the governing board of a community college district  may close the colleges on the following Friday, and maintain classes on the date specified in subdivision (a).
(j) When Lincoln Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. When Lincoln Day would fall on Wednesday, the governing board of a community college district  may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day would fall on Thursday, the governing board of a community college district  may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day falls on Saturday, the governing board of a community college district  may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate.
(k) In addition to the holidays specified in subdivision (a), a community college may close on March 31, 31  known as “Cesar Chavez Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose.
(l) In addition to the holidays specified in subdivision (a), a community college may close on April 24, known as “Genocide Remembrance Day,” and  the fourth Friday in September, known as “Native American Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose.
(m) In addition to the holidays specified in subdivision (a), Glendale Community College may close on April 24, known as “Genocide Remembrance Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose.
(n) Notwithstanding subdivision (a), a community college may replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. When Lunar New Year falls on another holiday, the community college shall observe Lunar New Year on a preceding or following weekday.
(o) (m)  This section shall not Nothing in this section is to  be interpreted as authorizing a community college district governing board to maintain community colleges in its district for a lesser number of days during the college year than the minimum established by law.

SEC. 180.

 Section 79030 of the Education Code is repealed.

79030.
 Whenever climatic conditions of a community college district are such as to render it necessary that the colleges be closed as early in the year as possible or opened as late in the year as possible, the governing board of the community college district may maintain classes on any days other than the 25th day of December, the first day of January, the fourth day of July, and any day appointed by the President or the Governor for a public thanksgiving.
When classes are maintained on holidays pursuant to this section, proper exercises shall be held commemorating the day.

SEC. 181.

 Section 79120 of the Education Code is repealed.

79120.
 The governing board of any community college district may establish and maintain a child development center on or near each community college campus pursuant to the provisions of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.

SEC. 182.

 Section 79121 of the Education Code is amended to read:

79121.
 If a district chooses to establish and maintain a child development program in accordance with Section 66060, the district shall establish attendance priorities consistent with all of the following:
(a) Notwithstanding any other provision of law, a child under two years of age whose parent is a student, or whose parents are students, may attend child development centers consistent with the priorities established pursuant to law.
(b) Children of students attending school at a particular campus shall have first priority for attendance at a child development center at that campus.
(c) Student families, as described in Section 8263, shall pay fees according to the fee schedule established by the Superintendent of Public Instruction pursuant to subdivision (f) of that section.
(d) Highest priority shall be given to student families with the greatest income deficit, and lowest priority to student families with the greatest income.
(e) For the purposes of assigning eligibility priority, applicant student families shall be grouped according to the amount of their income in one-hundred-dollar ($100) monthly increments. All student families within a particular income range shall be treated as if their incomes were the same, and priority for eligibility within each particular income range shall be assigned on the following basis:
(1) Single-parent student families.
(2) Two-parent families, where both parents are students or where one parent is a student and the other is working.
(f) Student families who are recipients of public assistance shall be subject to the same assignment of priority as other student families whose incomes fall in the same income range.

SEC. 183.

 Article 4 (commencing with Section 79150) of Chapter 9 of Part 48 of the Education Code is repealed.

SEC. 184.

 Section 79202 of the Education Code is amended to read:

79202.
 To the extent that funding is provided in the annual Budget Act, a community college district  shall receive funding for educational services provided to CalWORKs recipients based on the number of CalWORKs recipients that are enrolled at in  the community college  district  and the scope and number of programs that the college district  plans to offer to assist CalWORKs recipients obtain employment. Prior to receiving funding, a community college  district  shall submit to the chancellor  board of governors  a Request for Application which that  contains a plan for curriculum development or redesign. The plan shall include all of the following:
(a) Evidence that the curriculum will prepare students for an occupation that is in demand in the local labor market or that is in an emerging field that has documented employment potential.
(b) Participation by the county welfare department to establish that the programs being developed or redesigned will provide CalWORKs recipients with the training and experience necessary to secure employment, including intensive English language proficiency. employment. 
(c) Evidence of collaboration with local partners, such as employers, private industry councils, regional occupational programs, adult education providers, and affected counties counties,  in the development and design of the curriculum.
(d) Procedures to monitor CalWORKs recipients who complete the new curricula and transition into employment.
(e) A description of new courses for CalWORKs recipients that are designed to aid recipients with job-related advancement.

SEC. 185.

 Section 81130.3 of the Education Code is amended to read:

81130.3.
 This article, together with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050),  10.5,  shall be known and may be cited as the “Field Act.”

SEC. 186.

 Section 81459 of the Education Code is amended to read:

81459.
 (a)  A community college district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution.
(b) The governing board of a community college district may secure copyrights, in the name of the district, to all copyrightable works developed by the district, and the royalties or revenue from a copyright shall be for the benefit of the districts securing that copyright.
(c)  (1)  A community college district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph. 
subdivision (a).
The (2)  A  district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher.
(3)  Any charge which that  may be assessed such  a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials.
Any (d)  The Legislature finds and declares that the  granting of a license, by a community college  district, to reproduce copyrighted material is declared to be  for a public purpose in furtherance of Section 1 of Article IX of the California Constitution.

SEC. 187.

 Section 81800 of the Education Code is amended to read:

81800.
 (a) This chapter shall be known and may be cited as the Community College Construction Act of 1980. . 
(b) The Legislature hereby finds and declares both of the following:
(1) It is in the interest of the state and of the people thereof for the state to provide assistance to community college districts for the construction of community college facilities.
(b) (2)  The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to provide assistance to community college districts for the construction of community college facilities. The community college  community college  system is of general concern and interest to all the people of the state, and the education of community college students is a joint obligation and function of both the state and community college districts.  
In enacting this chapter, the Legislature considers that there is a need to provide adequate community college facilities that will be required to accommodate community college students resulting from growth in population and from legislative policies expressed through implementation of the Master Plan for Higher Education.

SEC. 188.

 Section 81805 of the Education Code is repealed.

81805.
 This chapter shall be administered by the Board of Governors of the California Community Colleges, and for purposes of the administration the board of governors shall adopt all necessary rules and regulations.
For purposes of this chapter, the board of governors shall assemble statewide data on facility and construction costs, and on the basis thereof formulate cost standards and construction standards. The formulation of standards shall include also the formulation of average ratios of equipment cost to total project costs, unit equipment costs per faculty or other staff measure, and unit costs related to floor areas.

SEC. 189.

 Section 81808 of the Education Code is amended and renumbered to read:

81808.
81808. 74286. 
 In the event an existing community college district is included in a newly formed community college district, any unused funds appropriated or authorized to be appropriated for a finally approved project of the included district pursuant to this chapter shall be transferred to the newly formed or including included  community college district on the date that such  the newly formed  district is effective for all purposes, or prior to such that  effective date where if  the governing boards of the districts agree to such an  earlier transfer.

SEC. 190.

 Section 81836 of the Education Code is amended to read:

81836.
 The Board of Governors of the California Community Colleges shall: board of governors shall do all of the following: 
(a) Advise the governing board of each community college district on the acquisition of new college sites, and after a review of available plots, give the governing board of the district in writing a list of the approved locations in the order of their merit, considering especially the matters of educational merit, reduction of traffic hazards, and conformity to the organized regional plans as presented in the master plan of the planning commission having jurisdiction, and charge the governing board of the community college district a reasonable fee as determined by the board of governors for each 10 acres or fraction thereof of schoolsite reviewed.
(b) Establish standards for community college facilities. 
(c)    Review and approve  plans and specifications for all construction in those community college districts that have submitted plans and specifications therefor to the board of governors for approval. submitted by district boards that conform to established standards, and return, without approval and with recommendation for changes, any plans and specification not conforming to established standards. 
(d) (c)  For services rendered in providing advice on the acquisition of sites and  for the review of plans and specifications of a proposed project, the board of governors shall establish and  charge a reasonable fee as established by it. fee. 
(e) Approve plans and specifications submitted by governing boards of community college districts, and return without approval and with recommendation for changes, any plans not conforming to established standards.

SEC. 191.

 Section 81837 of the Education Code is amended to read:

81837.
 The governing board of each community college district, before letting any contract or contracts totaling one hundred fifty thousand dollars ($150,000), or more, in the erection of any new community college facility, or for any addition to, or alteration of, an existing community college facility, shall submit plans therefor to the Board of Governors of the California Community Colleges,  board of governors,  and obtain the written approval of the plans by the board of governors. No contract for construction made by any governing board of a community college  district contrary to this section is valid, nor shall any public money be paid for erecting, adding to, or altering any facility in contravention of this section.

SEC. 192.

 Section 81839 of the Education Code is amended to read:

81839.
 (a)  The governing board of a community college district may include a proposed site in its plans for a project and may enter into an agreement with the owner of property constituting such the  proposed site whereby the district, for an annual consideration to be borne by the district, is given an option to purchase, or lease with an option to purchase such property  the property as a building site  at an unspecified future date, as a building site. date. 
(b)  The existence of such  an agreement shall in no way affect the determination of the share of the cost of the project to be borne by the state under this chapter, and the consideration paid by the district for such the  option or lease shall not be considered part of the cost of the project in determining the state’s share of the funding thereof. its funding. 
Such (c)  The  option or lease agreement shall constitute an obligation of the district district,  and shall not be construed as in any way creating an obligation on the part of the state.

SEC. 193.

 Section 81901 of the Education Code is amended to read:

81901.
 (a) The governing board of any a  community college district may issue revenue bonds pursuant to this chapter.
(b) The governing  board, for the purpose of this chapter, has power and is hereby authorized, in addition to and amplification of all other powers conferred upon the board by the Constitution of the State of California or by any statute of the State of California: California, to do all of the following: 
(1) To acquire subject to the state law, by grant, purchase, gift, devise, or lease, or by the exercise of the right of eminent domain, and to hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to this chapter.
(2) To construct, operate, and control any project.
(3) To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated, or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation which that  may be entered into by the board with respect to the fixing of these rates, rents, or charges.
(4) To enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the board.
(5) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project, of acquiring lands for any project, of acquiring, constructing, improving, equipping, or furnishing any project, of refinancing any project, or for any combination of these purposes, which bonds may be secured as provided in this chapter.
(6) To exercise, subject to state law, the right of eminent domain for the condemnation of private property or any right or interest therein.
(7) To adopt the  rules and regulations as may be  necessary to enable the board to exercise the powers and to perform the duties conferred or imposed upon the board by this chapter.
(8) (c)  Nothing contained in this section or elsewhere in this chapter shall be construed directly or by implication to be in derogation of, or in limitation of, the powers conferred upon or existing in the board by virtue of provisions of the Constitution or statutes of this state.
(c) (d)  The governing  board shall determine the time, form, and manner of the issuance of revenue bonds.

SEC. 194.

 Section 81902 of the Education Code is amended to read:

81902.
 The following terms wherever used in this chapter, or in any indenture entered into pursuant to this chapter, have the following meanings, unless a different meaning appears from the context:
(a) “Board” means the governing board of a community college district.
(b) “Community college” means a community college maintained by the district issuing bonds under this chapter.
(c) “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds.
(d) (b)  “Bonds” or “revenue bonds” mean means  the written evidence of any obligation issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this chapter, in order to obtain funds with which to carry out the purposes of this chapter, irrespective of the form of such these  obligations.
(c) “Community college” means a community college maintained by the district issuing bonds under this chapter.
(d) “County” means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter.
(e) “Revenues” mean and include any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the board from the operation of or arising from a project, including any such revenue as may have been or may be impounded or deposited in any fund in the county treasury created by this chapter for the security of any revenue bonds issued hereunder, or for the purpose of providing for the payment thereof or the interest thereon. “County treasurer” means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. 
(f) “Holder of bonds” or “bondholder” or any similar terms mean term means  any person who is the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any such  an  outstanding revenue bond or bond which that  shall at the time be registered other than to bearer.
(g) “Indentures” mean “Indenture” means  an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether such that  agreement is expressed in the form of a resolution of the board or by other instrument.
(h) “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any  thereof, but does not include the state or any public corporation, political subdivision, city, county, district district,  or any agency thereof or of the state.
(i) “County treasurer” means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of these facilities, that may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. 
(j) “County” means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. “Revenues” means and includes any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the board from the operation of or arising from a project, including the revenue that may have been or may be impounded or deposited in any fund in the county treasury created by this chapter for the security of any revenue bonds issued hereunder, or for the purpose of providing for the payment thereof or the interest thereon. 

SEC. 195.

 Section 81907 of the Education Code is amended to read:

81907.
 The community college  governing  board may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such an  indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this chapter, and is bound thereby.

SEC. 196.

 Section 81962 of the Education Code is amended to read:

81962.
 All revenues received from the operation of any project acquired or constructed by the governing  board under the provisions of  this chapter shall be transmitted by the board at least once in every calendar month, to the county treasurer. On order of the county auditor, the county treasurer shall deposit such the  revenues in the county treasury to the credit of the revenue fund as designated by the California Community Colleges Budget and Accounting Manual Manual,  in each county treasury for each district in the county issuing bonds under this chapter. Moneys in the designated revenue fund shall be used to pay the costs of operation and maintenance of the projects authorized by this chapter, including refunds authorized by Section 81957, to  of rent, charges, and fees collected in error, and refunds of rent, charges, and fees for facilities requested but not utilized by students so as to constitute good cause as prescribed by the governing board, and to  provide the amounts required for interest and redemption of bonds as provided in this chapter, and for any other purposes authorized by resolution of the board, subject to any restrictions provided by law or the indenture.

SEC. 197.

 Chapter 7 (commencing with Section 82300) of Part 49 of the Education Code is repealed.

SEC. 198.

 Section 84030 of the Education Code is amended to read:

84030.
 (a)  The accounting system including the uniform fund structure used to record the financial affairs of any community college district shall be in accordance with the definitions, instructions, and procedures published in the California Community Colleges Budget and Accounting Manual Manual,  as approved by the board of governors  and furnished by the board of governors. No accounting manual so approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that the content shall be best determined by those involved in the administration of educational programs, including community college district governing boards, local administrators, instructors, and students. 
(b) The Legislature hereby finds and declares that the content shall be best determined by those involved in the administration of educational programs, including community college district governing boards, local administrators, faculty, and students.

SEC. 199.

 Section 84040 of the Education Code is amended to read:

84040.
 (a) It is the intent of the Legislature to encourage sound fiscal management practices among community college districts for the most efficient and effective use of public funds for the education of community college students by strengthening fiscal accountability at the district and state levels.
(b) The governing board of each community college district shall provide for an annual audit of all funds, books, and accounts of the district in accordance with regulations of the board of governors. The audit shall be made by certified public accountants licensed by the California Board of Accountancy. In the event the governing board of a community college district  fails to provide for an audit, the board of governors shall provide for an the  audit, and if the board of governors fails or is unable to make satisfactory arrangements for such an  the  audit, the Department of Finance shall make arrangements for the audit. The cost of any audit described above shall be paid from district funds.
(c) The board of governors shall adopt criteria and standards for periodic assessment of the fiscal condition of community college districts, and such these  regulations regarding the review and improvement of district fiscal conditions as necessary to encourage sound fiscal management practices. In so doing:
(1) The governing board of a community college district, as required by regulations of the board of governors, shall periodically report information to the board of governors regarding the fiscal condition of the district.
(2) The board of governors, by regulation, shall develop standards for district maintenance of sound fiscal conditions. The regulations shall authorize a board  comprehensive management review of  by the board of governors of  any community college district which, that,  after assessing itself or being assessed in accordance with board  criteria and standards,  standards of the boards of governors,  is shown to be experiencing fiscal difficulty. On the basis of the findings of the management review, the board of governors may recommend appropriate changes in a district’s management practices.
(3) The board of governors, by regulation, shall develop appropriate procedures and actions for districts that fail to achieve fiscal stability or that fail to comply with the board of governors’ recommendations. The procedures and remedies may include the appointment of a special trustee to manage the community college  district. The regulations pursuant to which the  board of governors may appoint a special trustee to manage the community college district shall include specific benchmarks to indicate the presence of local capacity to resume management of the community college district and clear standards that require meaningful consultation by a special trustee, or his or her designee, with the community college district prior to decisionmaking. The board of governors shall  shall  be authorized to reduce or withhold apportionment to districts to pay for the cost of the special trustee, management review, or other extraordinary costs resulting from the district’s fiscal difficulties and to ensure the stabilization of the district’s financial condition.
(4) The board of governors shall report to the chairs of the educational policy and fiscal committees of both houses of the Legislature, the Director of Finance, and the Governor any corrective action taken by the district and any action taken against the district pursuant to paragraph (3).

SEC. 200.

 Section 84040.3 of the Education Code is amended to read:

84040.3.
 Each organization that is described in Section 501(c)(3) of the Internal Revenue Code of 1954, 26 U.S.C. 501(c)(3), Title 26 of the United States Code,  and that is recognized by the governing board of a community college district as having a formal relationship with, and that is working on behalf of, the district or a community college within the district, shall file a copy of its audited financial report for the previous fiscal year or its annual financial report for the previous fiscal year with the governing board on or before April 1 of each year.

SEC. 201.

 Section 84040.5 of the Education Code is amended to read:

84040.5.
 (a) The board of governors  governors, in cooperation with, and upon approval by, the Department of Finance,  shall prescribe the statements and other information to be included in the audit reports filed with the state and shall develop audit procedures for carrying out the purposes of this section. The Department of Finance may make audits, surveys, and reports which, that,  in the judgment of the department will serve the best interest of the state.
(b) A review of existing audit procedures, statements, and other information required to be included in the audit reports shall be conducted periodically by the board of governors.  governors, in cooperation with the Department of Finance.  Standards shall be updated periodically.
(c) For the audit of community colleges electing to take formal action pursuant to Sections 22714 and 87488, the audit standards shall require any information as is prescribed by the chancellor, including, but not limited to, the following: 
(1) The number and type of positions being vacated.
(2) The age and service credit of the retirees receiving the additional service credit provided by Sections 22714 and 87488.
(3) A comparison of the salary and benefits of each retiree receiving the additional service credit with the salary and benefits of the replacement employee, if any.
(4) The resulting retirement costs, including interest, if any, and postretirement healthcare benefits costs, incurred by the employer.
(d)  The chancellor shall annually prepare a cost analysis, based upon the information included in the audit reports for the prior fiscal year, to determine the net savings or costs resulting from formal actions taken by community college districts pursuant to Sections 22714 and 87488, and shall report the results of the cost analysis to the Governor and the Legislature by April 1 of each year. board of governors shall review results of district audits, take necessary actions to resolve audit exceptions, and make management improvement recommendations, as appropriate. 
(e) (d)  All costs incurred by the board of governors to implement subdivision (c) shall be absorbed by the board of governors. 
(f)  At the request of the Department of Finance, each    community college district that elects to take formal action governing board action taken prior to January 1, 1999,  pursuant to Sections 22714 87488  and 87488, shall reimburse the Department of Finance for any related administrative costs incurred by the Department of Finance. 22714 shall be absorbed by the board of governors. 

SEC. 202.

 Section 84040.6 of the Education Code is amended to read:

84040.6.
 On June 30, 1991, and each year thereafter, the Board of Governors of the California Community Colleges shall report to the Joint Legislative Audit Committee on (1)  the number and nature of audit exceptions and estimated amount of funds involved in the exceptions, (2)  a list of districts which that  failed to file their audits pursuant to Section 84040, and (3)  the actions taken by the department to eliminate audit exceptions and comply with management improvement recommendations. 
to eliminate audit exceptions and comply with management improvement recommendations. Upon the request of the Joint Legislative Audit Committee, the board of governors shall report to the Joint Legislative Audit Committee on all of the following: 
(a) The number and nature of audit exceptions and estimated amount of funds involved in the exceptions.
(b) A list of districts which failed to file their audits pursuant to Section 84040.
(c) The actions taken to eliminate audit exceptions and comply with management improvement recommendations.

SEC. 203.

 Section 84320 of the Education Code is amended to read:

84320.
 (a)  The board of governors shall adopt regulations providing for the payment of apportionments to districts on a schedule to include an advance apportionment and a first and second principal apportionment. Unless and until the dates related to these apportionments are amended in consultation with the Department of Finance, the regulations shall provide for the following schedule of payments as provided in this section: : 
(a) (1)  The board of governors shall certify estimated apportionments  estimated apportionments shall be certified  to the Controller on or before July 15 25  of each year.
(b) (2)  The first principal apportionment shall be certified on or before February 20 of each year, at which time shall also be made any final apportionment and recalculation of prior years, as applicable.
(c) (3)  The second principal apportionment shall be certified on or before June 25 of each year.
(b) The board of governors shall certify each apportionment made by it to the Controller.
(c) The board of governors shall furnish an abstract of each apportionment of the State School Fund to the Controller, the Department of Finance, and to the county and city and county auditors, county and city and county treasurers, and to county superintendents of schools of the counties of the state.

SEC. 204.

 Section 84328 of the Education Code is repealed.

84328.
 (a) The Board of Governors of the California Community Colleges shall certify each apportionment made by it to the Controller.
(b) The board of governors shall furnish an abstract of each apportionment of the State School Fund to the Controller, the Department of Finance, and to the county and city and county auditors, county and city and county treasurers, and to the county superintendents of schools of the several counties of the state.

SEC. 205.

 Section 84361 of the Education Code is amended to read:

84361.
 If at the end of any fiscal year during which the schools colleges  of a community college district have been maintained for the period required or permitted by law, there is standing to the credit of the district an unexpended balance of money received from the State School Fund, it may be expended for the payment of claims against the district outstanding, or it may be expended during the succeeding fiscal year.

SEC. 206.

 Section 84381 of the Education Code is amended to read:

84381.
 (a) There is hereby created in the State Treasury the Community College Fund for Instructional Improvement. The fund shall consist of a revolving loan program and a direct grant program to support alternative educational programs and services within or on behalf of the California Community Colleges, including all of the following:
(1) Nontraditional forms, content, and methods of instruction, including, but not limited to, the following:
(A) Instructional programs that involve internships and experiential learning opportunities.
(B) Individualized instructional programs that require student development of learning objectives through learning contracts.
(C) Instructional programs that focus on the development of interpersonal skills.
(D) Instructional programs involving independent study.
(2) Programs for improving teaching abilities of faculty members.
(3) Programs addressing special learning needs of educationally disadvantaged students.
(4) Educational services for new clientele, including older, working adults.
(5) Efforts to improve traditional instructional programs.
(6) Programs for the improvement of the intellectual development of faculty and staff, including, but not limited to, the following:
(A) Intersegmental summer programs including research projects and seminars.
(B) College programs bringing visiting scholars to local districts.
(C) Interdisciplinary programs involving local noncollege institutions in the arts and sciences.
(D) Intersegmental research and public information projects on topics of special concern to rural and urban California regarding the environment, social history, and culture.
(E) Summer “bridge” programs for the transition period into college life.
(b) The board of governors shall adopt rules and regulations governing the administration of the direct grant program and revolving loan program.
(c) The direct grant program shall support college efforts for instructional innovations, and shall include financial participation by applicant colleges. The board of governors shall establish priorities for funding proposals, and shall award grants to colleges on the basis of review of project proposals submitted by faculty members, students, and administrators.
(d) A district’s request for and uses of a loan shall be made in accordance with rules and regulations adopted by the board of governors.

SEC. 207.

 Section 84382 of the Education Code is repealed.

SEC. 208.

 Section 84384 of the Education Code is amended to read:

84384.
 The board of governors shall annually review the need for state funds to carry out the purposes of the fund for instructional improvement, and shall include an estimate of this need in its budget for each year.

SEC. 209.

 Section 84500 of the Education Code is amended to read:

84500.
 (a)  Attendance shall be recorded and kept according to rules and regulations prescribed by the board of governors, subject to this chapter. governors. 
(b) As used in this part, “community college average daily attendance” means “full-time equivalent student,” as that term is defined in regulations of the board of governors.

SEC. 210.

 Section 84501 of the Education Code is repealed.

84501.
 Commencing with the 1991–92 fiscal year, the term “community college average daily attendance” (ADA) means full-time equivalent student (FTES) as that term is defined by regulations adopted by the Board of Governors of the California Community Colleges.

SEC. 211.

 Section 84660 of the Education Code is amended to read:

84660.
 (a) (1)  The Legislature finds and declares that it is in the interests of the people of the State of California to ensure that the facilities of the California Community Colleges are repaired and maintained on a timely basis in order to provide for the safe utilization of these facilities as well as providing for the prevention of further structural damage resulting in more costly repairs. The Legislature recognizes that in many community college districts high operating costs and limited district revenues have combined to restrict the ability of community college districts to provide for the periodic maintenance and timely repair of community college facilities.
(2)  It is the intent of the Legislature in enacting this chapter that funds be allocated pursuant to the requirements of this chapter to provide for the deferred maintenance and special repair of community college facilities. However, the Legislature recognizes that there may not be sufficient revenues in future years to provide an annual appropriation for the program provided by this chapter. Therefore, nothing in this chapter shall be construed to create an annual state obligation to fund this program.
(b) The Board of Governors of the California Community Colleges shall adopt rules and regulations for the allocation of funds authorized by this chapter for the deferred maintenance and special repair of community college facilities. The adopted rules and regulations shall establish criteria for the ranking of requests for funding by community college districts for funds allocated pursuant to this chapter. The adopted rules and regulations shall require districts to prepare and submit to the board of governors a five-year maintenance plan which that  includes plans for preventative as well as deferred maintenance in order to be eligible for state funding of deferred maintenance. The adopted rules and regulations shall require recipient districts to provide an amount of district funds equal to the amount of state funds to be allocated for facility deferred maintenance and special repair as a condition for the receipt of state funding, subject to a complete or partial waiver of this requirement by the Board of Governors of the California Community Colleges based upon a review of the financial condition of the district.
For the purpose of this chapter, “deferred maintenance and special repair” means unusual, nonrecurring work to restore a facility to a safe and continually useable condition for which it was intended.
(c) No community college district shall receive funds pursuant to this chapter unless the district expends at least 1/2 percent of its current operating budget for ongoing maintenance.
(d) The board of governors may, pursuant to subdivision (b), increase the percentage specified in subdivision (c).
(e) It is the intent of the Legislature that funds received by districts pursuant to this chapter supplement, not supplant, district deferred maintenance funds.

SEC. 212.

 Section 84750 of the Education Code is amended to read:

84750.
 The board of governors, in accordance with the statewide requirements contained in subdivisions (a) to (j), inclusive, and in consultation with institutional representatives of the California Community Colleges and statewide faculty, staff, and student organizations, so as to ensure their participation in the development and review of policy proposals, shall develop criteria and standards for the purposes of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and for the purpose of allocating the state general apportionment revenues
.
The board of governors shall apply the criteria and standards within the following statewide minimum requirements:
(a) The calculations of each community college district’s revenue level for each fiscal year shall be based on the level of general apportionment revenues (state and local) the district received for the prior year plus any amount attributed to a deficit of minimum workload growth, with revenue adjustments being made for increases or decreases in workload, for program improvement as authorized by this section or by any other provision of law, for inflation, and for other purposes authorized by law.
(b) (1) For credit instruction, the funding mechanism developed pursuant to this section shall recognize the needs among the major categories of operation of community colleges, with categories established for instruction, instructional services and libraries, student services, maintenance and operations, and institutional support.
(2) The board of governors may propose to the Legislature, for enactment by statute, other cost categories when adequate data exist.
(3) Funding for noncredit classes shall be determined as follows:
(A) The amount per noncredit full-time equivalent student (FTES) shall be equal to the comparable amount from the previous fiscal year, with increases corresponding to the cost-of-living adjustment (COLA) specified in subdivision (e) and corresponding to any program improvement provided to the maintenance and operations category for 1991–92.
(B) Funds for maintenance and operations shall be included in the funds derived under paragraph (4) of subdivision (c).
(C) Funds for institutional support will be derived as part of the computation under paragraph (5) of subdivision (c).
(D) From the amount described in subparagraph (A), a deduction shall be made corresponding to the amounts derived in subparagraphs (B) and (C), and the remainder shall be the funded amount per noncredit FTES for 1991–92.
(E) Changes in noncredit FTES shall result in adjustments to revenues as follows:
(i) Increases in noncredit FTES shall result in an increase in revenues in the year of the increase and at the average rate per noncredit FTES.
(ii) Decreases in noncredit FTES shall result in a revenue reduction as follows:
(I) District revenue shall be adjusted at the average rate per noncredit FTES.
(II) Revenue adjustments shall be over a three-year period beginning in the year following the initial year of decrease in noncredit FTES.
(iii) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in noncredit FTES during the three years following the initial year of decrease in noncredit FTES if there is a subsequent increase in FTES.
(4) Except as otherwise provided by statute, current categorical programs providing direct services to students, including extended opportunity programs and services, and disabled students programs and services, shall continue to be funded separately through the annual Budget Act, and shall not be assumed under budget formulas of program-based funding.
(5) District revenues shall be determined based on systemwide funding standards within the categories, and revenue adjustments shall occur based on distinct measures of workload applicable to each category.
(c) Workload measures applicable to each category shall be established with the following measures to be provided:
(1) For credit instruction, the workload measure shall be the credit FTES. Changes in credit FTES shall result in adjustments in revenues as follows:
(A) Increases in FTES shall result in an increase in revenues in the year of the increase and at the statewide average per FTES.
(B) Decreases in FTES shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the statewide average per FTES.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per FTES.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in FTES.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in FTES during the three years following the initial year of decrease in FTES if there is a subsequent increase in FTES.
(2) For instructional services and libraries, the workload measure shall be the credit FTES. Changes in credit FTES with respect to instructional services and libraries shall result in adjustments to revenues as follows:
(A) Increases in FTES shall result in an increase in revenues in the year of the increase and at the statewide average rate per FTES.
(B) Decreases in FTES shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the full amount of the statewide average per FTES.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per FTES.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in FTES.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decreases in FTES during the three years following the initial year of decreases in FTES if there is a subsequent increase in FTES.
(3) For student services, the workload measure shall be based on the numbers of credit students enrolled (headcount).
Changes in headcount shall result in adjustments to revenues as follows:
(A) Increases in headcount shall result in an increase in revenues in the year of the increase at the statewide average per headcount.
(B) Decreases in headcount shall result in a revenue reduction as follows:
(i) High revenue districts (those at the statewide average or higher) shall be adjusted at the full amount of the statewide average per headcount.
(ii) Low revenue districts (those below the statewide average) shall be adjusted at one-half of the district’s average per headcount.
(iii) Revenue adjustments shall be made over a three-year period beginning in the year following the initial year of decrease in headcount.
(C) Districts shall be entitled to restore any reductions in apportionment revenue due to decrease in headcount during the three years following the initial year of decrease in headcount if there is a subsequent increase in headcount.
(4) For maintenance and operations, the workload measure shall be based on the number of square feet of owned or leased facilities. Changes in the number of square feet shall be adjusted as follows:
(A) Increases in the number of square feet shall result in an increase in revenue in the year that the increase occurs and at the average per square foot.
(B) Decreases in the number of square feet shall result in a decrease in revenue beginning July 1 of the first full year in which the square feet are no longer owned or leased and at the average rate per square foot.
(5) For institutional support, a single fixed percentage which shall apply to all districts shall be established based on the pattern from the most recent data. The percentage shall be obtained from statewide data by comparing expenditures for this category with the total revenue for all five categories.
(d) Funding standards, subject to the conditions and criteria of this section, shall be established by the board for the various categories of operation established pursuant to subdivision (b). In consultation as required by subdivision (g) of Section 70901, the board of governors shall annually request program improvement moneys to assist districts in meeting these standards.
(e) Annual revenue adjustments shall be made to reflect cost changes, using the same inflation adjustment as required for school districts pursuant to subdivision (b) of Section 42238.1.
(f) An adjustment for economies of scale for districts and colleges shall be provided.
(g) The statewide increase in workload of FTES and headcount shall be, at a minimum, the rate of change of the adult population as determined by the Department of Finance, and may be increased through the budget process to reflect statewide priorities, the unemployment rate, and the number of students graduating from California high schools. The allocation of changes on a district-by-district basis shall be determined by the board of governors.
(h)  District allocations shall be made pursuant to this section, as implemented by the board of governors pursuant to the annual State Budget.
(i) Except as specifically provided by statute, regulations of the board of governors for determining and allocating the state general apportionment to the community colleges shall not require district governing boards to expend the allocated revenues in specified categories of operation or according to the workload measures developed by the board of governors.
(j) As used in this section:
(1) “Criteria” means the definitions of elements of institutional practice or activity to be included in the categories of operation of community college districts.
(2) “Program improvement” means an increase in revenue which is allocated to all districts to fund standards adopted pursuant to subdivision (d). Program improvement also means an increase in revenue allocated to low revenue districts to bring them closer to the statewide average.
(3) “Standard” means the appropriate level of service in a category of operation of the community college districts.
(k) No district shall receive full-time equivalent student (FTES) funding for activities that are fully funded through another source. The board of governors shall adopt regulations to implement this subdivision.

SEC. 213.

 Section 84751 of the Education Code is amended to read:

84751.
 (a) In calculating each community college district’s revenue level for each fiscal year pursuant to Section 84750.4 or  subdivision (a) of Section 84750.5, as applicable,  84750,  the board of governors shall subtract, from the total revenues owed, all of the following:
(1) The local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption.
(2) Ninety-eight percent of the fee revenues collected pursuant to Section 76300.
(3) Timber yield tax revenues received pursuant to Section 38905.1 of the Revenue and Taxation Code.
(4) Any amounts received pursuant to Section 33492.15, 33607.5, or 33607.7 of the Health and Safety Code, and Section 33676 of the Health and Safety Code, Code  as amended by Section 2 of Chapter 1368 of the Statutes of 1990, that are considered to be from property tax revenues pursuant to those sections for the  purposes of community college revenue levels, except those amounts that are allocated exclusively for educational facilities.
(b) Notwithstanding subdivision (a), for the 2013–14 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2014, shall be counted as revenues received in the 2014–15 fiscal year. No real or personal property, including money, accepted by a district’s governing board shall be considered in determining the eligibility of the district for an apportionment from the State School Fund nor in determining the amount thereof. 
(c) Notwithstanding subdivision (a), for the 2014–15 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2015, shall be counted as revenues received in the 2015–16 fiscal year.
(d) Notwithstanding subdivision (a), for the 2015–16 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2016, shall be counted as revenues received in the 2016–17 fiscal year.

SEC. 214.

 Section 84752 of the Education Code is repealed.

84752.
 (a) No community college district shall receive full-time equivalent student (FTES) funding for activities that are fully funded through another source. The Board of Governors of the California Community Colleges shall adopt regulations to implement this subdivision.
(b) The State Auditor shall report to the Legislature by January 1, 2000, on the status of community college district compliance with this section. In preparing this report, the State Auditor shall use the audit methodology used in the Bureau of State Audits Report No. 96103.

SEC. 215.

 Section 84753 of the Education Code is repealed.

84753.
 Notwithstanding any other provision of law, for the purposes of this article, the revenue level, or full-time equivalent student (FTES) funding for the South Orange County Community College District for the 1996–97 fiscal year, and future fiscal years, shall not include any amounts that should have been allocated to the Saddleback Community College District in the 1994–95 fiscal year but that were not received by the district until the 1996–97 fiscal year, and future fiscal years, due to the bankruptcy proceedings initiated on December 6, 1994, by the County of Orange by its filing of a voluntary Chapter 9 petition in United States Bankruptcy Court, Case No. SA 94-22273-JR. These amounts shall not be included in the revenue limit, or FTES, computations for the 1996–97 fiscal year, and future fiscal years, but these amounts shall be treated as being received by the Saddleback Community College District in the 1994–95 fiscal year or the 1995–96 fiscal year, or both.
In 1997, the Saddleback Community College District changed its name to the South Orange County Community College District. For the purposes of this section, the “Saddleback Community College District” means the South Orange County Community College District, and the “South Orange County Community College District” means the Saddleback Community College District.

SEC. 216.

 Section 84754 of the Education Code is amended to read:

84754.
 (a) The Partnership for Excellence program is established for the purpose of achieving annual performance goals and improving student learning and success. The Partnership for Excellence program is dependent on a mutual commitment by the State of California and the California Community Colleges to achieve statewide goals that reflect the highest priority for the social and economic success of the state. The state intends to provide funding for the Partnership for Excellence program as an investment to supplement funding for enrollment growth and cost-of-living adjustments to invest in program enhancements that will increase performance toward the community college’s system outcome measures. The California Community Colleges, as a result of the state’s investment, shall commit to improving and achieving specific outcome measures established by the Board of Governors through the consultation process pursuant to Section 70901.
(b) (1) The board of governors shall develop, through the consultation process, specific goals and outcome measures to improve student success and assess district performance that will include, but not necessarily be limited to, the areas of transfer, degrees and certificates, successful course completion, workforce development, and basic skills improvement. It is intended that the number of system goals not exceed 10. The goals shall be rigorous and challenging to the system, and exceed what could be expected to occur based on increases in funded enrollment. In developing the goals and outcome measures, the board of governors shall seek the concurrence of the Director of Finance, the Legislative Analyst, and the California Postsecondary Education Commission (CPEC).
(2) On or before December 1, 1998, the Chancellor of the California Community Colleges shall propose goals and measures for the approval of the Board of Governors of the California Community Colleges. The Department of Finance, Legislative Analyst, and CPEC each shall assess the extent to which the goals and measures under consideration by the board are clear, reasonable, and adequately meet the state’s interest in accountability. The board shall consider the comments of these agencies before approving the goals and measures.
(c) (1) The board of governors shall allocate funding for the Partnership for Excellence, pursuant to appropriations in the annual Budget Act, to those districts electing to participate in the program in the 1998–99, 1999–2000, and 2000–01 fiscal years on a per FTES basis, subject to a district minimum allocation, and districts shall have broad flexibility in expending the funds for program enhancement that will improve student success and make progress toward the system goals. Those programs shall include, but are not necessarily limited to, programs that assist students through remediation, tutoring, and mentoring.
(2) Funds provided under this program to districts shall not be considered program improvement funds within the meaning of Sections 84755 and 87482.6, shall only be spent to improve student learning and success as determined by the board of governors, and shall be subject to conditions as the board of governors may determine.
(3) Funds for this program are subject to appropriation in the annual Budget Act.
(d) (1) The board of governors also shall develop, through the consultation process pursuant to Section 70901, one or more contingent funding allocation options, as well as criteria that would require the implementation of these options, that shall link allocation of Partnership for Excellence funds to individual districts to the achievement of and progress toward Partnership for Excellence goals by those individual districts. These contingent funding options may be determined necessary to either improve system performance or to reward significant or sustained achievement.
(2) In developing contingent funding allocation options and criteria for implementation thereof, the Chancellor of the California Community Colleges shall seek the concurrence of the Director of Finance, the Legislative Analyst, and CPEC. These agencies shall each assess the extent to which the contingent allocation options and criteria under consideration by the Board of Governors of the California Community Colleges are clear, reasonable, and adequately meet the state’s interest in accountability. The chancellor shall propose to the board one or more contingent funding allocation methods and criteria. The board shall consider the comments of the three agencies before approving the criteria and contingent funding allocation options.
(3) The board of governors shall have the authority, and shall be accountable, to determine that a funding linkage is needed to adequately improve the performance of the system and its districts and colleges. The board of governors is authorized to allocate all or a portion of Partnership for Excellence funds among districts pursuant to a contingent funding allocation method, as described in this section, commencing in the 2001–02 fiscal year or any fiscal year thereafter as determined necessary by the board. In executing its responsibilities set forth in this subdivision, the board shall engage the consultation process pursuant to Section 70901.
(e) (1) Districts shall report data under the Management Information System (MIS) for each of the outcome measures to the board of governors, which shall compile and analyze this data for a report to the Legislature, the Governor, CPEC, and other interested parties by April 15 of each year. The annual reports shall include data for each district and college with respect both to levels of achievement and relative progress towards the goals that recognizes differences in student populations and student preparedness. The board of governors may provide technical assistance to districts, as it best determines.
(2) Acceptance of funds from Partnership for Excellence allocations shall constitute concurrence by the district or college to collect and provide to the board of governors all information necessary to quantify baseline performance and annually report changes in outcome measures to the board of governors, if, in its judgment, current MIS system data are insufficient for the purpose of any of the approved measures.
(3) Beginning with the report due on April 15, 2001, the board of governors shall annually assess and report the extent to which achievement of system goals has been satisfactory or less than satisfactory. Based on this assessment and on the criteria adopted as part of the contingent funding allocation plan, the board of governors shall determine, after engaging in the consultation process pursuant to Section 70901, whether or not to implement a contingent funding allocation option described in subdivision (d).
(4) On the basis of the reports specified in this subdivision and other pertinent information, the Legislative Analyst and the CPEC shall also annually provide the Legislature their respective assessments of progress toward system goals, and shall recommend necessary changes to the program, including goals and outcome measures. The Legislative Analyst and the CPEC shall recommend ways of improving incentives for districts to contribute toward achievement of system goals.
(f) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

SEC. 217.

 Section 84755 of the Education Code is amended to read:

84755.
 (a) The Legislature finds and declares that program-based funding, once implemented,  funding  will more adequately and accountably fund the costs of providing quality high-quality  community college education. Given that program-based funding will not be implemented until fiscal year 1991–92, given that community colleges will be entering a period of major reform and incurrence of new state mandates commencing in January 1989, and given that community colleges will be entering this period of reform having lost purchasing power since the 1977–78 fiscal year, the Legislature recognizes the need to create a transitional funding mechanism for program improvement and mandate funding that can operate until program-based funding is implemented. 
(b) For the purpose of improving the quality of community college educational programs and services, for the purpose of reimbursing state-mandated local program costs imposed by this act, and for the purposes of initially  implementing specified reforms, the board of governors shall, from amounts appropriated for purposes of this section, allocate program improvement revenues to each district on the basis of an amount per unit of average daily attendance funded  (FTES)  in the prior fiscal year. However, this amount shall be increased or decreased to provide for equalization in a manner determined by the Board of Governors, consistent with Sections 84703 to 84705, inclusive. 
Each community college district shall use its allocation to initially  reimburse state-mandated local program costs, and then  to implement specified reforms and make authorized program and service improvements as follows:
(1) Developing articulated programs provided for in Section 69 of Chapter 973 of the Statutes of 1988 with school districts and campuses of the University of California and California State University.
(2) Applying minimum qualifications to all newly hired faculty and administrators, including candidates for these positions as required by Section 87356.
(3) Developing and administering a process for waiver of minimum qualifications as required by Section 87359.
(4) Establishing and applying local hiring criteria as required by Section 87360.
(5) Establishing and applying faculty service areas and competency criteria as required by Sections 87743 to 87743.5, inclusive.
(6) Evaluating temporary employees, instituting peer review evaluation, and widely distributing evaluation procedures as required by Section 87663.
(7) Establishing and applying new processes for tenure evaluation required by Section 87610.1.
(8) Establishing and applying the tenure denial grievance procedure required by Section 87610.1.
(9) Establishing and applying a process for moving administrators into faculty positions as required by Sections 87454 to 87458, inclusive. , 87457, and 87458. 
(10) Publishing and distributing a report on the affirmative action success rate as required by Section 87102.
(11) Improving instruction by reducing the ratio of full-time equivalent students to full-time equivalent instructors.
(12) Improving instruction by increasing the hiring of full-time instructors and limiting the practice of hiring part-time instructors.
(13) Augmenting budgets for college libraries and learning resources.
(14) Augmenting budgets for plant maintenance and operations.
(15) Adding new courses or programs to serve community need.
(16) Making progress towards affirmative action goals and timetables established by the district.
(17) Developing and maintaining programs and services authorized by Section 78212.5. Article 1 (commencing with Section 78210) of Chapter 2 of Part 48. 
(18) Augmenting budgets for student services in the areas of greatest need.
(19) Providing for release time for faculty and staff as deemed appropriate by the governing board of each community college district, to enable faculty and staff participation  to participate  in implementing reforms.
(20) Developing and administering a program that provides for reassignment of up to 20 percent of the time of individual tenured faculty member’s teaching assignments, as determined by the governing board of each community college district, to counsel and assist newly hired faculty acquire  in acquiring  teaching and classroom management skills. A governing board shall approve reassignment time for no more than 5 percent of the district’s full-time equivalent tenured faculty in any one fiscal year.
(c) Except as provided by Section 87482.6, and except as necessary to reimburse the costs of new state mandates, district governing boards shall have full authority to expend program improvement allocations for any or all of the authorized purposes specified in subdivision (b).
(d) As required by the board of governors, the governing board of each community college district shall submit to the board of governors a plan for using the resources allocated pursuant to this section. The board of governors shall review each plan to ensure that proposed expenditures are consistent with the listing of authorized expenditures provided in this section, and the board of governors shall approve all plans to the full extent that expenditures are authorized by this section. To the extent that a community college district expends its program improvement allocation consistent with its plan, the board of governors shall include the district’s allocation as part of the district’s base budget for subsequent years.
(e) The board of governors, through the annual systemwide budget submitted pursuant to paragraph (5) of subdivision (b) of Section 70901, shall request necessary resources for the purposes of this section. It is the intent of the Legislature that the appropriation and allocation of program improvement money not otherwise provided pursuant to subdivision (b) shall be accomplished through the annual state budget process beginning with the 1989–90 fiscal year. After June 30, 1991, if Section 84750 is implemented, it is  State Budget process. It is  the intent of the Legislature to fund the ongoing operations of community college districts pursuant to Section 84750.

SEC. 218.

 Section 84756 of the Education Code is repealed.

84756.
 It is the intent of the Legislature that community college districts with noncredit programs recognize the importance of noncredit programs and that they will continue to support these offerings.
It is also the intent of the Legislature that community college districts with noncredit programs consider the need for both credit and noncredit allocations in allocating future growth pursuant to board of governors regulations.

SEC. 219.

 Section 84759 of the Education Code is amended and renumbered to read:

84759.

(a)As used in this section, the following terms mean:

(1)“CalWORKs recipient” means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program.

(2)“Direct excess costs” means the fixed, variable, and one-time costs associated with providing noncredit instructional services to CalWORKs recipients, as determined by the chancellor’s office.

(b)
84759. 84757.5. 
 (a) As used in this section, the following terms mean:
(1) “CalWORKs recipient” means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program.
(2) “Direct excess costs” means the fixed, variable, and one-time costs associated with providing noncredit instructional services to CalWORKs recipients, as determined by the chancellor’s office.
(b)  Notwithstanding any other provision of law, a community college district, to the extent funding is made available in the annual Budget Act, shall receive funding for noncredit instruction developed for and targeted to CalWORKs recipients, including funding to offset the direct excess cost of providing noncredit instruction to CalWORKs recipients when the cost of providing a specific course offering exceeds the average cost of noncredit instruction. As used in this section, “direct excess cost” means the fixed, variable, and one-time costs associated with providing noncredit instructional services to CalWORKs recipients, as determined by the board of governors. 

SEC. 220.

 Section 84810.5 of the Education Code is amended to read:

84810.5.
 (a) (1) Notwithstanding  Open   open  course provisions in statute or regulations of the board of governors shall be waived for any  governors, the  governing board of a community college district for classes the district provides to  that provides classes for  inmates of any city, county, or city and county jail, road camp, farm for adults, or state or federal correctional facility. This section does not authorize the waiver of open course provisions in any context or situation other than those that are specifically authorized by this section. Subject to limitations set forth in subdivision (b), the board of governors  federal correctional facility  may include the units of full-time equivalent students student  (FTES) generated in those classes for purposes of state apportionments. apportionment.  
(2) (b)  The attendance hours generated by credit courses shall be funded at the marginal credit rate determined pursuant to paragraph (1) of subdivision (c) of Section 84750.4 or paragraph (2) of subdivision (d) of Section 84750.5, as applicable. The attendance hours generated by noncredit courses shall be funded at the noncredit rate pursuant to paragraph (2) of subdivision (c) of Section 84750.4 or paragraph (3) of subdivision (d) of Section 84750.5, as applicable. The attendance hours generated by instruction in career development and college preparation shall be funded at the rate determined pursuant to paragraph (3) of subdivision (c) of Section 84750.4 or paragraph (4) of subdivision (d) of Section 84750.5, as applicable. Notwithstanding any other provision of law, no funds for inmate education programs provided pursuant to this section shall be considered as part of the base revenues for community college districts in computing apportionments as prescribed in regulations of the board of governors.  
(b) (1) A community college district shall not claim, for purposes of state apportionments under this section, any class to which either of the following applies:
(A) The district receives full compensation for its direct education costs for the conduct of the class from any public or private agency, individual, or group of individuals.
(B) The district has a contract or instructional agreement, or both, for the conduct of the class with a public or private agency, individual, or group of individuals that has received from another source full compensation for the costs the district incurs under that contract or instructional agreement.
(2) In reporting a claim for apportionment to the Chancellor of the California Community Colleges under this section, the district shall report any partial compensation it receives from the sources described in subparagraphs (A) and (B) of paragraph (1) during the period for which the claim is made. The chancellor shall subtract the amount of any partial compensation received from the total apportionment to be paid.
(c) This section does not provide a source of funds to shift, supplant, or reduce the costs incurred by the Department of Corrections and Rehabilitation in providing inmate education programs.

SEC. 221.

 Article 6 (commencing with Section 84850) of Chapter 5 of Part 50 of the Education Code is repealed.

SEC. 222.

 Section 84850 of the Education Code is amended and renumbered to read:

84850.

(a)The Board of Governors of the California Community Colleges
84850. 78240. 
 (a) The Board of Governors of the California Community Colleges  board of governors  shall adopt rules and regulations for the administration and funding of educational programs and support services to be provided to disabled  students with disabilities  by community college districts pursuant to Article 3 (commencing with Section 67310) of Chapter 14 of Part 40 of Division 5. 40. 
(b) As used in this section, “disabled students”  “students with disabilities”  are persons with exceptional needs who have applied to or  enrolled at a community college who, because of a verified disability, cannot fully benefit from classes, activities, and services regularly provided by the college without specific additional specialized services or educational programs.
(c) The regulations adopted by the board of governors shall provide for the apportionment of funds to each community college district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled  students with disabilities  enrolled in state-supported disabled student services  district  programs or courses. Direct excess costs are those actual fixed, variable, and one-time costs, as defined in Section 67311, which 67312, that  exceed the combined total of the following:
(1) The average cost to the district of providing services to nondisabled students times the number of students served by disabled student programs and services.
(2) The indirect cost to the district of providing facilities and support for the administration of disabled student programs and services.
(3) The revenue derived from average daily attendance in special classes.
(4) Any other funds for serving disabled students which that  the district receives from federal, state, or local sources.
(d) As a condition of receiving funds pursuant to this section, each community college district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which that  are available for serving disabled students.  students with disabilities.  Districts shall also provide the programmatic and fiscal information concerning programs and services for disabled  students with disabilities  that the regulations of the board of governors require.
(e) The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to  designate up to 3 percent of the funds allocated pursuant to this section for program development and program accountability.

SEC. 222.5.

 Section 85233 of the Education Code is repealed.

85233.
 The governing board of each community college district shall be responsible for filing, or causing to be filed, with the county superintendent of schools the verified signature of each person, including members of the governing board, authorized to sign orders in its name. Except for districts determined to be fiscally accountable pursuant to Section 85266 and districts determined to be fiscally independent pursuant to Section 85266.5, no order on the funds of any district shall be approved by the county superintendent of schools unless the signatures are on file in the superintendent’s office and he or she is satisfied that the signatures on the order are those of persons authorized to sign the order.

SEC. 223.

 Section 85235 of the Education Code is amended to read:

85235.
 Each order drawn against the funds of a community college district shall be transmitted to the county superintendent of schools, and, if approved and signed by him or her, her  shall become a requisition on the county auditor. The county superintendent may prescribe alternative procedures for districts determined to be fiscally accountable pursuant to Section 85266.

SEC. 224.

 Section 85236 of the Education Code is amended to read:

85236.
 The county superintendent of schools may examine each order on community college district funds transmitted to him or her, in the order in which it is received in his or her office. If it appears that the order is properly drawn for the payment of legally authorized expenses against the proper funds of the district, and that there are sufficient moneys in the fund or funds against which the order is drawn to pay it, he or she  the superintendent  shall endorse upon it “examined and approved,” and shall, in attestation thereof, affix his or her signature and number and date the requisition and transmit it directly to the county auditor, in the order in which the order is received in his or her office. The county  superintendent may prescribe alternative methods for districts determined to be fiscally accountable pursuant to Section 85266.

SEC. 225.

 Section 85237 of the Education Code is amended to read:

85237.
 (a) If, at any time during a fiscal year, the county superintendent of schools concludes that the expenditures of a community college district in the territory within his or her jurisdiction are likely to exceed the anticipated income of the district for that fiscal year, he or she shall notify the district in writing of that conclusion, and may conduct a comprehensive review of the financial and budgetary conditions of the district.
(b) If   at any time during a fiscal year the county superintendent of schools concludes that the expenditures of a community college district in the territory within his or her jurisdiction are likely to exceed the anticipated income of the district for that fiscal year, he or she shall notify the district in writing of that conclusion, and may conduct a comprehensive review of the financial and budgetary conditions of the district.  The superintendent shall report his or her findings and recommendations under this section  recommendation  to the governing board of the district, district  and may include recommendations of methods by which the budgeted expenditures for the balance of the fiscal year may be brought into balance with the revenue of the district. The report shall be made to the governing board at a public meeting of the governing board. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools of its proposed actions on those recommendations.  

SEC. 226.

 Section 85237.5 of the Education Code is amended to read:

85237.5.
 (a) At any time during a fiscal year, the county superintendent may audit the expenditures and internal controls of community college districts he or she determines to be fiscally accountable. The county superintendent shall report his or her findings and recommendation to the governing board of the district.
(b) At  The governing board   any time during a fiscal year, the county superintendent may audit the expenditures and internal controls of community college districts he or she determines to be fiscally accountable. The county superintendent shall report his or her findings and recommendation to the governing board of the district. The governing board  shall, no later than 15 days after receipt of the report made under this section,  that report,  notify the county superintendent of schools of its proposed actions on his or her recommendation. Upon review of the governing board report, the county superintendent, at his or her discretion, may revoke the authority for the district to be fiscally accountable pursuant to Section 85266.

SEC. 227.

 Section 85238 of the Education Code is amended to read:

85238.
 If the order is disapproved by the county superintendent of schools, it shall be returned to the governing board of the community college district, except as otherwise provided in this code for the registration of warrants, with a statement of his or her reasons for disapproving the order.

SEC. 228.

 Section 85239 of the Education Code is amended to read:

85239.
 (a) The county auditor may examine each order and requisition on community college district funds transmitted by the county superintendent of schools. If the county auditor he or she  allows the order and requisition, he or she shall endorse thereon it shall be endorsed  “examined and allowed,” and shall date, number, and sign it,  be dated, numbered, and signed,  whereupon it shall become a warrant on the county treasurer. The county  auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number given to the warrant, and file it in his or her office. The county  auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools, schools  who shall transmit it to the governing board of the district for issuance to the payee or to the order of the payee. 
the order of the payee.
(b) (1) Any requisition of the county superintendent of schools, whether based upon written order of the governing board of a community college  district or authorized by law, shall constitute full authority for the signature for allowance thereof by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for that action by the county auditor.
(2) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw his or her warrant on the county treasurer.

SEC. 229.

 Section 85239.1 of the Education Code is repealed.

85239.1.
 The county auditor may authorize the destruction of any bill or supporting document received from a school district for purposes of Section 85239 if all of the following conditions are met:
(a) The record, paper, or document is photographed, microphotographed, or reproduced on film of a type approved for permanent photographic records by the National Institute of Standards and Technology.
(b) The device used to reproduce such record, paper, or document on film is one which accurately reproduces the original thereof in all details.
(c) The photographs, microphotographs, or other reproductions on film are placed in conveniently accessible files and provision is made for preserving, examining, and using the same.

SEC. 230.

 Section 85240 of the Education Code is amended to read:

85240.
 (a) In lieu of drawing a warrant as provided in Section 85239, 85239  the county auditor may, with the approval of the governing board of the community college district, endorse, date, and number the order and requisition, and may prepare a separate warrant on the county treasurer for the same amount as the order and requisition. The warrant shall show that it had been drawn on the order of a community college district, shall name  district naming  the community college district, and shall show the payee and date of issue, as well as other information deemed appropriate by the county  auditor.
(b) The county  auditor shall draw the separate warrant by signing it, it  and no other signature shall be required. Thereupon, Thereupon  the county  auditor shall transmit the separate warrant to the county superintendent of schools, who shall transmit it to the governing board of the district for issuance to the payee or to the order of the payee, or, or  with the approval of the governing board of the district, shall transmit it to the payee.  
(c) The order and requisition may direct the transfer of the amount of the separate warrant from the funds of the district to a clearing fund in the county treasury, which shall treasury , to  be known as the Schools Commercial Revolving Fund, schools commercial revolving fund,  to the end that separate warrants for all districts may be drawn against a single revolving fund.

SEC. 231.

 Section 85243 of the Education Code is amended to read:

85243.
 (a) The county  superintendent of schools of each county  shall keep, open to the inspection of the public, a register of warrants, showing the fund upon which the requisitions have been drawn, the number, in whose favor, and for what purpose they were drawn.
(b) The county superintendent of schools  shall prescribe rules for community college districts determined to be fiscally accountable, pursuant to Section 85266, that retain copies of warrants and supporting documents within the district files.

SEC. 232.

 Section 85244 of the Education Code is amended to read:

85244.
 (a) Orders for the payment of wages and payroll orders for the payment of wages of employees employed full time in positions that are not academic positions shall be drawn twice during each calendar month on days designated in advance by the governing board of each community college district to which this section is made applicable. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, day  inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.
(b) The governing board of each community college district that has 5,000 or more full-time equivalent students (FTES),  FTES,  and the governing board of each district with less than 5,000 FTES in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, shall make this section applicable to the board, whenever a majority of the employees of the district employed full time in positions that are not academic positions petition the board in writing to do so.
(c) The governing board of a community college district that has less than 5,000 FTES, other than a community college  district situated in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, may, on the petition in writing of a majority of the employees of the district employed full time in positions that are not  academic positions, make this section applicable to the board.

SEC. 233.

 Section 85265.5 of the Education Code is amended to read:

85265.5.
 (a) In a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, the duties of the county auditor specified in Article 4 (commencing with Section 85230) and this article  Article 5 (commencing with Section 85260)  shall be performed by the county superintendent of schools.
(b) A listing of all warrants approved and allowed by the county superintendent of schools pursuant to this section shall be forwarded to the county auditor on the same day the warrants are forwarded to the district or the payee. The form of the warrant and the form and content of the warrant listing shall be as prescribed by the county auditor.
(c) Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county auditor, the county treasurer in counties subject to this section shall pay warrants that are signed by the county superintendent of schools, and the county auditor shall not be liable under his or her bond or otherwise for any warrant issued pursuant to this section.
(d) This section shall apply only in those counties in which the county board of supervisors has adopted its provisions by resolution.

SEC. 234.

 Section 85280 of the Education Code is amended to read:

85280.
 When any order against the funds of a community college district is presented to the county superintendent of schools, and  the order constitutes a valid claim against the funds of the district, and moneys are not available in the funds of the district from which to pay the order, the county superintendent shall endorse on the order the words “Not approved for want of funds,” funds”  and shall register the order in the records of his or her office.

SEC. 235.

 Section 85281 of the Education Code is amended to read:

85281.
 The county superintendent of schools shall number and date the registered order, and shall transmit the registered order to the governing board of the community college district that drew the order. The governing board shall deliver the registered order to the payee or to the order of the payee.  his or her order.  From the date of registration, registration  the registered order shall bear interest at the rate of 5 percent per annum until the date upon which notice is given, pursuant to this article, that the county superintendent of schools is ready to approve the registered order.

SEC. 236.

 Section 85282 of the Education Code is amended to read:

85282.
 Whenever moneys are available for the payment of the registered order, the county superintendent of schools shall give notice, in a newspaper published in the county, or if there is no newspaper, by written notice posted at the courthouse, stating that he or she is ready to approve the order. The notice may list any number of registered orders of one or more districts for the payment of which moneys are available, giving the name or names of the district or districts and listing the registered orders in the order of registration for each district.

SEC. 237.

 Section 85284 of the Education Code is amended to read:

85284.
 The county superintendent of schools shall approve the registered orders of each district, and sign them as requisitions on the county auditor, in the order of their presentation. The county superintendent shall enter on each the amount of interest due and the total amount, including principal and interest, payable. Each approved registered order shall thereupon be governed by the procedure established in this code relative to payments from community college district funds.

SEC. 238.

 Section 85288 of the Education Code is amended to read:

85288.
 The county superintendent of schools shall report to the county treasurer and the county auditor within 10 days after the end of each month the amount of the interest computed pursuant to this article. The report shall show each district for which interest has been computed, the numbers of the registered orders for which the interest is to be paid, and the total amount of the interest charged to each district. The county superintendent shall also, upon transmitting to the governing board of a community college district registered orders which have been approved and allowed as warrants against the funds of the district, report in writing to the clerk or secretary of the district the amount of interest computed on the registered orders and the numbers of the registered orders for which the interest is to be paid.

SEC. 239.

 Section 85301 of the Education Code is amended to read:

85301.
 When any order on community college district funds is received by the county superintendent of schools, and there is insufficient money in the fund or funds against which the order is drawn to pay the order in full, the county superintendent shall endorse on the order “to be registered for lack of sufficient funds,” sign, date, and number it as a requisition on the county auditor, and transmit the requisition to the county auditor. The county auditor shall endorse on the order “examined and allowed,” sign, date, and number it as a warrant on the county treasurer, and return the warrant to the county superintendent of schools, schools  who shall transmit it to the governing board of the community college district for issuance to the payee or to his or her order.

SEC. 240.

 Section 85302 of the Education Code is amended to read:

85302.
 When the warrant is presented to the county treasurer for payment, he or she the county treasurer  shall endorse, register, advertise, and pay it, it  with interest at the rate of 5 percent per annum, in the manner prescribed, as nearly as may be, for county warrants in Sections 29821 to 29824, inclusive, and Sections 29826 and 29827 of the Government Code.

SEC. 241.

 Section 87061 of the Education Code is amended to read:

87061.
 If an employee of a community college district, including a district having the merit system as outlined in Article 3 (commencing with Section 88060) of Chapter 4, employed in an academic position is assigned to a position in the classified service of the same district, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by the employee at the time of assignment to the position in the classified service shall be secured to the employee during the period of time he or she occupies a position in the classified service. The employee’s return to academic service at any time shall be treated as if there had not been an interruption in his or her academic service.

SEC. 242.

 Section 87100 of the Education Code is amended to read:

(a)The Legislature finds and declares  
87100.
 (a)  The Legislature finds and declares    all of the following:
(1) In fulfilling its mission within California’s system of public higher education, the  Generally,  California Community Colleges are committed to academic excellence and to providing all students with the opportunity to succeed in their chosen educational pursuits. employ a disproportionately low number of racial and ethnic minority classified employees and faculty and a disproportionately low number of women and members of racial and ethnic minorities in administrative positions. 
(2) Academic excellence can best be sustained in a climate of acceptance and with the inclusion of persons from a wide variety of backgrounds and preparations to provide service to an increasingly diverse student population. It is educationally sound for the minority student attending a racially impacted college to have available the positive image provided by minority classified and academic employees. It is likewise educationally sound for the student from the majority group to have positive experiences with minority people that can be provided, in part, by having minority classified and academic employees at colleges where the enrollment is largely made up of majority group students. It is also educationally important for students to observe that women as well as men can assume responsible and diverse roles in society. 
(3) A work force that is continually responsive to the needs of a diverse student population may be achieved by ensuring that all persons receive an equal opportunity to compete for employment and promotion within the community college districts and by eliminating barriers to equal employment opportunity. Past employment practices created artificial barriers and past efforts to promote additional action in the recruitment, employment, and promotion of women and minorities have not resulted in a substantial increase in employment opportunities for these persons. 
(4) Lessons concerning democratic principles and the richness that racial diversity brings to our national heritage can be best taught by the presence of staffs of mixed races and ethnic groups working toward a common goal.
(b) It is the intent of the Legislature to establish and maintain within the California Community College districts  a policy of equal opportunity in employment for all persons, persons  and to prohibit discrimination or preferential treatment  based on race,  ethnic group identification, or on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every  gender, color, religion, age, disability, ancestry, or national origin in every  aspect of personnel policy and practice in employment, development, advancement, and treatment of persons employed in  the community college districts should advance the realization of inclusion  system, and to promote the total realization of equal employment opportunity  through a continuing program of equal employment opportunity. affirmative action employment program. 
(c) The Legislature recognizes that it is not enough to proclaim that community college districts must not discriminate and must not grant preferential treatment on impermissible bases. The Legislature declares that efforts public employers do not discriminate in employment but that effort  must also be made to build a community in which nondiscrimination and equal opportunity are realized. opportunity is equalized.  It is the intent of the Legislature to require community college districts  colleges  to adopt and implement programs and plans for ensuring equal employment opportunity in their employment practices. plans for increasing the numbers of women and minority persons at all levels of responsibility. 

SEC. 243.

 Section 87418 of the Education Code is amended to read:

87418.
 Nothing in Section 72400, 70902,  Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed in a manner to deprive any person of his or her rights and remedies in a court of competent jurisdiction on a question of law and fact.

SEC. 244.

 Section 87419 of the Education Code is amended to read:

87419.
 Nothing in Section 72400, 70902,  Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed to repeal or negate any provisions concerning employees of community college districts contained in the charter of any city, county, or city and county, adopted and approved in conformity with Article XI of the California Constitution.

SEC. 245.

 Section 87423 of the Education Code is amended to read:

87423.
 Acceptance of any exchange position by an employee of a community college district in the state shall not affect his or her right to the permanent classification to which he or she is entitled, at the time of the acceptance, or any of his or her rights under the state teachers’ retirement salary provisions of this code, or under any local or district retirement plan, or system. The time served in the exchange position shall be counted as time served in the service of the district in which the employee is employed immediately prior to acceptance of the exchange position in determining his or her status under Section 72400, 70902,  Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, this part, under the provisions of this code relating to state retirement salary, and under any local or district retirement plan.

SEC. 246.

 Section 87470 of the Education Code is amended to read:

87470.
 (a) (1) The governing board of a community college district may employ academic employees, including educational administrators, in programs and projects to perform services conducted under contract with public or private agencies, or other categorically funded projects of indeterminate duration under terms and conditions mutually agreed upon by the employee and the governing board. The agreement shall be reduced to writing.
(2) Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district unless both of the following occur:
(A) The person has served as a faculty member pursuant to this section for at least 75 percent of the number of days in regular schools of the district by which he or she is employed are maintained.
(B) The person is subsequently employed as a contract employee in a faculty position.
(3) Persons may be employed under this section  for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of contract or regular employees.
(b) This section shall not be construed to apply to any faculty member who has been employed in the regular educational programs of the district as a contract employee before being subsequently assigned to any one of these programs, nor shall it apply to those employees employed in programs operated pursuant to, or funded pursuant to, Article 8 1.5  (commencing with Section 69640) 78230)  of Chapter 2 of Part 42, 48,  or Section 84850. 78240. 
(c) Notwithstanding any other provision of law, upon termination or expiration of employment under this section, a person employed as an educational administrator shall not be entitled to the rights set forth in Section 87458 unless those rights are provided pursuant to his or her contract of employment.

SEC. 247.

 Section 87488 of the Education Code is amended to read:

87488.
 (a)  An additional two years of service shall be credited to an academic employee under the State Teachers’ Retirement Defined Benefit Program , pursuant to Section 22714 if all of the following conditions exist:
Whenever (1)   the  The  governing board of a the  community college district, by formal action, determines that action taken prior to January 1, 1999, determines that,  because of impending curtailment of or changes in the manner of performing services, the best interests interest  of the district would be served by encouraging the retirement of academic employees and that the retirement will result in a net savings to the district, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to an academic employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied. the following: 
(A) A net savings to the district.
(B) A net reduction of the number of academic employees as a result of declining enrollment.
(C) The retention of faculty who are qualified to teach in areas of teacher shortage, including, but not necessarily limited to, mathematics and science.
(2) The employee is credited with five or more years of service under the State Teachers’ Retirement Defined Benefit Program, and retires during a period not more than 120 days or less than 60 days, commencing no sooner than the effective date of the formal action of the district that shall specify the period.
(3) (A) The governing board transmits to the retirement fund an amount determined by the Teachers’ Retirement Board that equals the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and Section 22714 and the amount the member would have received without the service credit and an amount determined by the Teachers’ Retirement Board that equals the actuarial equivalent of the difference between the purchasing power protection supplemental payment the member receives after receipt of additional service credit pursuant to this section and the amount the member would have received without the additional service credit.
(B) The payment for purchasing power shall be deposited in the Supplemental Benefit Maintenance Account established by Section 22400, and shall be subject to Section 24415. The transfer to the retirement fund shall be made in a manner and in a time period that shall not exceed four years and that is acceptable to the Teachers’ Retirement Board. The district shall make the payment with respect to all eligible employees who retired pursuant to this section and Section 22714.
(4) The governing board transmits to the retirement fund the administrative costs incurred by the State Teachers’ Retirement System in implementing this section, as determined by the Teachers’ Retirement Board.
(5) The governing board has considered the availability of academic employees to fill the positions that would be vacated pursuant to this section.
(b) (1) The district shall demonstrate and certify to the board of governors that the formal action taken would result in any of the following:
(A) A net savings to the district.
(B) A reduction in the number of academic employees as a result of declining enrollment.
(C) The retention of faculty who are qualified to teach in teacher shortage disciplines.
(2) The board of governors shall certify to the Teachers’ Retirement Board that the results specified in paragraph (1) can be demonstrated. A district that qualifies under subparagraph (B) of paragraph (1) shall also certify that it qualifies as a declining enrollment district .
(3) The board of governors may request reimbursement from the community college district for all administrative costs that result from the certification.
(c) The service credit made available pursuant to this section shall be available to all members employed by the district who meet the conditions set forth in this section.
(d) The amount of service credit granted under this section shall be two years.
(e) Any employee who retires with service credit granted under this section granted under this section and Section 22714 and subsequently reinstates, shall forfeit the service credit granted under this section and Section 22714.
(f) This section shall not be applicable to any employee otherwise eligible if the employee receives any unemployment insurance payments arising out of employment with an employer subject to Part 13 (commencing with Section 22000) during a period extending one year beyond the effective date of the formal action, or if the employee is not otherwise eligible to retire for service under the State Teachers’ Retirement Defined Benefit Program.

SEC. 248.

 Section 87781 of the Education Code is amended to read:

87781.
 (a) (1) Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury and any additional days in addition thereto that the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a college year of service. 
Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury and any additional days in addition thereto that the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a college year of service.  
(2) An employee employed for less than five schooldays a week shall be entitled, for a college year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five, and is entitled to those additional days in addition thereto as the governing board may allow for illness or injury to academic employees employed for less than five schooldays per a  week. Pay for any day of those absences shall be the same as the pay that would have been received had the employee served during the day.  
(b) Credit for leave of absence need not be accrued prior to taking leave by the employee, employee  and the leave of absence may be taken at any time during the college year. If the employee does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year with additional days as the governing board may allow.
(c) The governing board of each community college district  shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination.
(d) Nothing in this section shall be deemed to modify or repeal any provision in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code.
(e) Section 87780 does not apply to the first 10 days of absence on account of illness or accident of any employee employed five days per a  week or to the proportion of 10 days of absence to which the employee employed less than five days per a  week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 87780 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom.

SEC. 249.

 Section 87783 of the Education Code is amended to read:

87783.
  (a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with him or her to a second position:
(1) An academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools.
(2) A certificated employee of any county superintendent of schools who accepts an academic position in a community college district.
Any  (b)  academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools; or, any certificated employee of any county superintendent of schools who accepts an academic position in a community college district or office of another county superintendent of schools; or, any person employed by the board of governors in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts an academic position in a community college district or a position requiring certification qualifications in the office of any county superintendent of schools; or, any certificated employee of the Commission for Teacher Preparation and Licensing who accepts an academic position in any community college district; shall have transferred with him or her to the second position his or her accumulated leave of absence for illness or injury.  The amount of leave to be transferred under this section  shall be determined in the same manner as provided in Section 87782. All other provisions of Section 87782 shall also apply to the employees and employers described in this section.  

SEC. 250.

 Section 87831 of the Education Code is amended to read:

87831.
 Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the provision of  Section 85266 and the reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the employee involved. The payment should not be released to the employee until directed in writing by the county superintendent of schools.

SEC. 251.

 Section 88013 of the Education Code is amended to read:

88013.
 (a) The governing board of a community college district shall prescribe written rules and regulations regulations,  governing the personnel management of the classified service. These written rules and regulations  service, which  shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position.  one year.  A permanent employee who accepts a promotion promotion,  and who  fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee  he or she  was promoted.
(b) An Any  employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.
(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee,  him or her,  a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.
(d) Disciplinary  No disciplinary  action shall not  be taken for any cause that arose before the employee became prior to the employee’s becoming  permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.
(e) This  Nothing in this  section shall not  be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party  third party  hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.
(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the district’s policies or regulations.
(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.
(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.
(g) (f)  This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
(h) To the extent that this section, as amended by Assembly Bill 275 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 2021–22 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement.

SEC. 252.

 Section 88164 of the Education Code is amended to read:

88164.
 (a)  The governing board of any community college district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to that employee an amount as follows:
(a) (1)  For an employee employed 11 months of a year, an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. next September  
10.
(b) (2)  For an employee employed 10 months of a year, an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. next August 10 and September  
10.
(c) (3)  For an employee employed nine months a year, an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. 
next July 10, August 10, and September 10.
(b)  If Section 85244 is made applicable to any district, this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 85244.
(c)  Once an employee has elected to be brought under the provisions of  this section, the election shall not be revocable until the commencement of the next ensuing fiscal year. However, if any employee leaves the service of the district by death or otherwise before receiving moneys that may be due him or her, the amount due the employee shall be paid within 30 days of the last working day to the employee or any other person entitled thereto by law.
(d)  This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

SEC. 253.

 Section 88165 of the Education Code is amended to read:

88165.
 (a)  Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any community college district shall be drawn at least once during each calendar month, for those districts not using Section 85244 or 85260. Payment shall be made on the last working day of the month in which the employee was in paid status.
(b)  This section shall not prohibit a community college district from making a payment of earned salary prior to the last working day of the pay period or of the month.
(c)  This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

SEC. 254.

 Section 88249 of the Education Code is amended to read:

88249.
 Notwithstanding the provisions of  this article, or any other provisions provision  of law, a community college district may utilize a volunteer or  volunteers in the supervision and instruction of students, but any such volunteer  volunteer utilized under this section  shall be subject to the provisions of  Section 72401 and this article.

SEC. 255.

 Section 6276.42 of the Government Code is amended to read:

6276.42.
 State agency activities relating to unrepresented employees, subdivision (p) of Section 6254, Government Code.
State agency activities relating to providers of health care, subdivision (a) of Section 6254, Government Code.
State Auditor, access to barred records, Section 8545.2, Government Code.
State Auditor, confidentiality of records, Sections 8545, 8545.1, and 8545.3, Government Code.
State civil service employee, confidentiality of appeal to state personnel board, Section 18952, Government Code.
State civil service employees, confidentiality of reports, Section 18573, Government Code.
State civil service examination, confidentiality of application and examination materials, Section 18934, Government Code.
State Contract Act, bids, questionnaires and financial statements, Section 10165, Public Contract Code.
State Contract Act, bids, sealing, opening and reading bids, Section 10304, Public Contract Code.
State Energy Resources Conservation and Development Commission, confidentiality of proprietary information submitted to, Sections 25223 and 25321, Public Resources Code.
State hospital patients, information and records in possession of Superintendent of Public Instruction, confidentiality of, Section 56863, Education Code.
State information security officer, implementation of confidentiality policies, Section 11771, Government Code.
State Long-Term Care Ombudsman, access to government agency records, Section 9723, Welfare and Institutions Code.
State Long-Term Care Ombudsman office, confidentiality of records and files, Section 9725, Welfare and Institutions Code.
State Long-Term Care Ombudsman office, disclosure of information or communications, Section 9715, Welfare and Institutions Code.
State Lottery Evaluation Report, disclosure, Section 8880.46, Government Code.
State summary criminal history information, confidentiality of information, Sections 11105, 11105.1, 11105.3, and 11105.4, Penal Code.
Sterilization of disabled, confidentiality of evaluation report, Section 1955, Probate Code.
Strawberry marketing information, confidentiality of, Section 63124, Food and Agricultural Code.
Structural pest control licensee records relating to pesticide use, confidentiality of, Section 15205, Food and Agricultural Code.
Student driver, records of physical or mental condition, confidentiality of, Section 12661, Vehicle Code.
Student, community college, information received by school counselor, confidentiality of, Section 72621, Education Code.
Student, community college, records, limitations on release, Section 76200, Education Code.
Student, community college, record contents, records of administrative hearing to change contents, confidentiality of, Section 76210, Education Code.
Student, sexual assault on private higher education institution campus, confidentiality of information, Section 94385, Education Code.
Student, sexual assault on public college or university, confidentiality of information, Section 67385, Education Code.
Student in public college or university, record of disciplinary action for sexual assault or physical abuse, access by alleged victim, Section 67134, Education Code.
Student, release of directory information by public college or university, Section 67140, Education Code.
Sturgeon egg processors, records, Section 10004, Fish and Game Code.

SEC. 256.

 Section 26907 of the Government Code is amended to read:

26907.
 (a) Notwithstanding Section 26201, 26202, or 26205, the auditor or ex officio auditor may destroy any county, school, or  school or community college district, or  special district claim, warrant, or any other paper issued as a warrant voucher that is more than five years old, or at any time after the document has been photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, or recorded on optical disk or reproduced on any other medium that does not permit additions, deletions, or changes to the original document and is produced in compliance with Section 12168.7 for recording of permanent records or nonpermanent records  reproduced on film of a type approved for permanent photographic records by the National Bureau of Standards,  if the copy is kept or maintained for five years from the date of the document. A duplicate copy of any record reproduced in compliance with Section 12168.7 for recording of permanent or nonpermanent records, whichever applies, shall be deemed an original. 
(b) The auditor may make a photographic record of an index or warrant register and may provide for the destruction of the index or warrant register. Any index or warrant register that is over five years old may be destroyed without being photographically or microphotographically reproduced.

SEC. 257.

 Section 10530 of the Unemployment Insurance Code is amended to read:

10530.
 It is the intent of the Legislature to establish a statewide comprehensive labor market and occupational supply and demand information system to coordinate the labor market information needs, including those specified in the statutes cited below, for the following entities:
(1) (a)  The Board of Governors of the California Community Colleges pursuant to its responsibilities under Sections 70901, 70901.5, 71050, 78015,  and 78016 78015  of the Education Code.
(2) (b)  The State Department of Education, pursuant to its responsibilities under Sections 321, 323, 332, 341, 343, 421, 422, and 423 of the federal Carl D. Perkins Vocational Education Act (20 U.S.C. Sec. 2301 et seq.), and Sections 8031, 8081,  8500, 51228, 52300, 52301.5, 52302, 52302.3, 52302.5, 52304, 52309, 52381, 52519, 52520, 52910, 52911, and 52912 and 52520  of the Education Code.
(3) (c)  The Employment Development Department, pursuant to its responsibilities under Article 1 (commencing with Section 1251) and Article 1.5 (commencing with Section 1266) of Chapter 5 of Part 1 of Division 1, Chapter 9 (commencing with Section 2051) of Part 1 of Division 1, Article 2 (commencing with Section 10521) of Chapter 4.5 of Part 1 of Division 3, and Chapter 6 (commencing with Section 15050) and Chapter 7.5 (commencing with Section 15075) of Division 8.
(4) (d)  The Employment Training Panel, pursuant to its responsibilities under Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3.
(5) (e)  The Department of Rehabilitation, pursuant to its responsibilities under Section 19152 of the Welfare and Institutions Code.
(6) (f)  The State Department of Social Services, pursuant to its responsibilities under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
(7) (g)  The State Job Training Coordinating Council, pursuant to its responsibilities under Chapter 4.5 (commencing with Section 10510) of Part 1 of Division 3, and Chapter 3 (commencing with Section 15020.1), Chapter 4 (commencing with Section 15030), Chapter 4.5 (commencing with Section 15035), and Chapter 7.5 (commencing with Section 15075) of Division 8.

SEC. 258.

 Section 15071 of the Unemployment Insurance Code is amended to read:

15071.
 To ensure compliance with legislative intent regarding the content and availability of vocational education programs provided by community colleges, school districts, and regional occupational centers and programs, each local private industry council shall, for programs provided in the service delivery area, review and comment on the vocational education courses or programs subject to review pursuant to Sections 52302.3 and 52520 of the Education Code. The council shall conduct its review prior to the review of the appropriate governing body as required by Section 52302.3 of the Education Code and the council shall notify the governing body of its determinations.

SEC. 259.

 Section 34501.5 of the Vehicle Code is amended to read:

34501.5.
 (a) The Department of the California Highway Patrol shall adopt reasonable rules and regulations which, in the judgment of the department, are designed to promote the safe operation of vehicles described in Sections 39830 and 82321  Section 38045  of the Education Code and Sections 545 and 34500 of this code. The Commissioner of the California Highway Patrol shall appoint a committee of 11 members to act in an advisory capacity when developing and adopting regulations affecting school pupil transportation buses and school pupil transportation operations. The advisory committee shall consist of 11 members appointed as follows:
(1) One member of the State Department of Education.
(2) One member of the Department of Motor Vehicles.
(3) One member of the Department of the California Highway Patrol.
(4) One member who is employed as a schoolbus driver.
(5) One member of the Office of Traffic Safety in the Business, Transportation and Housing Agency.
(6) Two members who are schoolbus contractors, one of whom shall be from an urban area of the state and one of whom shall be from a rural area of the state, as determined by the department.
(7) Two members who are representatives of school districts, one of whom shall be from an urban area of the state and one of whom shall be from a rural area of the state, as determined by the department.
(8) One professionally licensed member of the American Academy of Pediatrics.
(9) One member representing school pupil transportation operations other than schoolbus operations.
(b) The department shall cooperate and confer with the advisory committee appointed pursuant to this section prior to adopting rules or regulations affecting school pupil transportation buses and school pupil transportation operations.

SEC. 260.

 Section 11008.9 of the Welfare and Institutions Code is amended to read:

11008.9.
 (a)  Loans or grants provided for in Section 69650 of the Education Code  pursuant to Article 1.5 (commencing with Section 78230) of Chapter 2 of Part 48 of the Education Code, or pursuant to EOPS regulations of the Board of Governors of the California Community Colleges,  are deemed to be for educational purposes and to the extent permitted by federal law, shall not be used or considered in determining the need of any applicant or recipient or as part of the amounts used to determine the eligibility of any applicant or recipient for public assistance programs.
(b)  This section shall not apply to recipients under Chapter 3 (commencing with Section 12000) of this part. . 
SEC. 261.
 The Legislature finds and declares all of the following:
(a) The purpose of this act is to repeal or to make inapplicable to the California Community Colleges various provisions of the Education Code that are no longer necessary in light of the authority granted by Section 14 of Article IX of the California Constitution.
(b) Under the general authority of Section 14 of Article IX of the California Constitution, community college districts shall continue to have the authority provided in the provisions that are repealed by this act.
(c) The findings of this section apply to, but are not necessarily limited to, former Sections 76241, 78212.5, and 78223 of the Education Code.
SEC. 262.
 (a) It is the intent of the Legislature that the repeal or amendment of numerous statutes by this act shall in no way diminish the authority of the Board of Governors of the California Community Colleges, or the authority of the various community college districts, to take all necessary and proper actions to administer the various components of the community college system and to provide high-quality educational services throughout the state.
(b) Prior to January 1, 2004, the Board of Governors of the California Community Colleges shall initially adopt, and put into effect, regulations that incorporate the provisions set forth in subdivision (d). When these regulations are initially adopted, the text of the provisions set forth in subdivision (d) may be altered, in accordance with the style and practice of the provisions of the Education Code that relate to community colleges. The alterations in the text of the provisions set forth in subdivision (d) shall not alter the requirements, rights, responsibilities, conditions, or prescriptions contained in these provisions. The textual alterations authorized by this section include, but are not necessarily limited to, grammatical or technical changes, renumbering or reordering sections, removal of duplicative or outdated terms or references to inapplicable or repealed statutory authorities, and the correction of gender references.
(c) Notwithstanding any other provision of law, the Board of Governors of the California Community Colleges may adopt the regulations that implement this section as emergency regulations, and these regulations shall not be subject to the review or approval of the Office of Administrative Law.
(d) The regulations adopted pursuant to this section shall incorporate each of the following provisions of the Education Code, as they existed on the date that this act was chaptered:
Subdivision (c) of Section 79144 and the second paragraph of subdivision (b) of Section 84660.
SEC. 263.
 It is the intent of the Legislature that there be no lapse in the requirements, rights, responsibilities, conditions or prescriptions contained in statutory provisions or portions of those provisions, to the extent those provisions, or portions of those provisions, are renumbered, relocated, or combined with other provisions. The listed statutory provisions of the Education Code, or portions of those provisions, reflect that renumbering, relocation, or combination.
Original
section
Renumbered, relocated, or combined
sections
69640
78230
69641
78231
69641.5
78231.5
69642
78232
69643
78233
69648
78230.5
69648.5
78234
69649
78230(b),(c)
69650
78232
69651
78235
69652
78236
69653
78236
69654
78234
69655
78237
69656
78238
71001(a),(b),(c)
71000(d),(e)
71003
71000(a)(1),(b)(5),(c),(f)
71004
71000(g)
71024
70901(f)
71029
78280
71046
70901(e)
71049
71040(b)
71090.5
71090(c)
71092
71090(b)
71094
71053
72000(d)
72121(g)
72023.5(a)
72024(f)
72025(b)
72022(d)
72121.5
72121(b)
72122
72121(d),(f)
72129(b)
72121(c)
72203.5
72036
72205
70902(b)(10);84751(b)
72207
81459(b)
72330.5
72333
72400
70902(b)(4)
72423
72024(f)
72425
72024
72500
72000(a),85223(c)
72670.5
71052
72678
72677(b)
72679
72677(c)
76001
76000
76064
76063(f),(g),(h)
76121
72013
76140.5
76140(a)(3)
76142
76141(a)(1),(2)
76224
76235
76401
76250
76403
76252
76407
76252
78031(a)
78030(b)
78215
78212(c)
78218
78211.5(c)
79150
78239(d)
79152
78239(a)
79154
78239(b),(c)
79155
78239(d)
81805
70901(b)(5)(C)
81808
74286
84328
84320(b),(c)
84382
84381(c)
84501
84500(b)
84752(a)
84750(k)
84850
78240
SEC. 264.
 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.