CALIFORNIA LEGISLATURE—
2001–2002 REGULAR SESSION
Assembly Bill
No. 3058
Introduced by Committee on Higher Education
(Alquist (Chair), Bogh (Vice Chair), Havice, Jackson, Liu, Lowenthal, Matthews, Negrete McLeod, Robert Pacheco, Strickland, and Wyman)
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May 07, 2002 |
An act to amend Section 1985.3 of the Code of Civil Procedure, to amend Sections 4005, 12116, 22714, 48801, 70900, 70901, 70901.5, 70902, 71000, 71002, 71020, 71020.5, 71021, 71025, 71027, 71028, 71040, 71050, 71090, 72000, 72011, 72014, 72022, 72023, 72023.5, 72026, 72026.5, 72027, 72029, 72031, 72103, 72104, 72121, 72330.2, 72331, 72332, 72401, 72506, 72507, 72508, 72530, 72533, 72672, 72673, 72674, 72675, 72676, 72677, 72682, 76002, 76020, 76031, 76032, 76060, 76060.5, 76061, 76063, 76065, 76067, 76120, 76140, 76141, 76200, 76220, 76221, 76225, 76230, 76232, 76234, 76240, 76243, 76245, 76300, 76350, 76355, 76360, 76361, 76365, 76370, 76375, 76380, 76385, 78020, 78021, 78022, 78030, 78032, 78103, 78210, 78211, 78211.5, 78212, 78213, 78214, 78216, 78249, 78271, 78300, 78401, 79020, 79121, 79202, 81130.3, 81459, 81800, 81836, 81837, 81839, 81901, 81902, 81907, 81962, 84030, 84040, 84040.3, 84040.5, 84040.6, 84320, 84361, 84381, 84384, 84500, 84660, 84750, 84751, 84754, 84755, 84810.5, 85235, 85236, 85237, 85237.5, 85238, 85239, 85240, 85243, 85244, 85265.5, 85280, 85281, 85282, 85284, 85288, 85301, 85302, 87061, 87100, 87418, 87419, 87423, 87470, 87488, 87781, 87783, 87831, 88013, 88164, 88165, and 88249 of, to amend and renumber Sections 69640, 69641, 69641.5, 69642, 69643, 69648, 69651, 69653, 69654, 69655, 69656, 71029, 71094, 72203.5, 72330.5, 72425, 72670.5, 76001, 76121, 76224, 76401, 76403, 76407, 81808, 84759, and 84850 of, to add Sections 76031.5, 76032.5, 76201, and 78239 to, to add the heading of Chapter 1.7 (commencing with Section 76250) to Part 47 of, to add the headings of Article 1.5 (commencing with Section 78230), Article 2 (commencing with Section 78240), and Article 5 (commencing with Section 78280) to Chapter 2 of Part 48 of, to repeal Sections 69648.5, 69649, 69650, 69652, 70901.1, 71001, 71003, 71004, 71022, 71024, 71046, 71049, 71051, 71090.5, 71092, 72013, 72025, 72034, 72121.5, 72122, 72129, 72205, 72207, 72400, 72403, 72423, 72500, 72678, 72679, 76000, 76033, 76036, 76140.5, 76142, 76210, 76222, 76223, 76241, 76246, 78016, 78031, 78212.5, 78215, 78218, 79030, 79120, 81805, 84328, 84382, 84501, 84752, 84753, 84756, 85233, and 85239.1 of, to repeal Article 2 (commencing with Section 78223) of Chapter 2 of Part 48 of, Article 4 (commencing with Section 79150) of Chapter 9 of Part 48 of, and Chapter 7 (commencing with Section 82300) of Part 49 of, to repeal the heading of Article 8 (commencing with Section 69640) of Chapter 2 of Part 42 of, the heading of Chapter 3 (commencing with Section 76400) of Part 47 of, the heading of Article 1 (commencing with Section 76400) of Chapter 3 of Part 47 of, and the heading of Article 6 (commencing with Section 84850) of Chapter 5 of Part 50 of, and to repeal and add Sections 76064 and 76143 of, the Education Code, to amend Sections 6276.42 and 26907 of the Government Code, to amend Sections 10530 and 15071 of the Unemployment Insurance Code, to amend Section 34501.5 of the Vehicle Code, and to amend Section 11008.9 of the Welfare and Institutions Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 3058, as introduced, Committee on Higher Education.
Community colleges.
(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.
This bill would generally recast and reorganize the statutes in the Education Code relating to community colleges.
The bill would authorize apportionments to be made available for community college classes held inside state or federal prisons and for classes for prison inmates that are not open to the public.
The bill would impose a state-mandated local program by requiring community college districts to provide access to their services without regard to age.
The bill would also make numerous nonsubstantive technical and conforming changes in statutes relating to community colleges.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES The people of the State of California do enact as follows:
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 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 Chapter 1.5 (commencing with Section 76244 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 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 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 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 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) 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.
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 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 taken prior to January 1, 1999, determines pursuant to Section 44929 or 87488 that because of impending curtailment of or changes 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; 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 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, and shall be subject to Section 24415. The transfer to the retirement fund shall be made in a manner, and time period not to exceed 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.
(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.
(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; (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 a result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (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; (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 a result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (b) of Section 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; (B) a reduction in the number of academic employees as a result of declining enrollment, as computed pursuant to subdivision (c) of Section 84701; 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 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 as computed pursuant to subdivision (c) of Section 84701.
(3) The chancellor may request reimbursement from the community college 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) This section shall not 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 during a period extending one year beyond the effective date of the formal 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. TheThe 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.
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.
(2) In establishing the Community College Extended Opportunity Programs and Services (EOPS), to encourage community college districts to establish and implement programs directed toward identifying those students affected by language, social, and economic 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 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.
(d) The 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 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 baccalaureate institutions following completion of the related educational programs at community colleges.
(5) To strive to assist community colleges to meet student and employee equal opportunity objectives.
(6) To improve the delivery of programs and services to the disadvantaged.
SEC. 8.
Section 69641 of the Education Code is amended and renumbered to read: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:69641.5.78231.5.
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
78232.
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.
(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:69643.78233.
(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
78230.5.
(a) 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)Subject to approval of the chancellor, establish
(3) 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.SEC. 14.
Section 69649 of the Education Code is repealed.SEC. 15.
Section 69650 of the Education Code is repealed.SEC. 16.
Section 69651 of the Education Code is amended and renumbered to read: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.SEC. 18.
Section 69653 of the Education Code is amended and renumbered to read: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. Upon of governors.
(b) Upon approval by the 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 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:69654.78234.
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:69655.78237.
(a) Pursuant to Section 69648, the Chancellor of the California Community Colleges its regulations, the 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.
In
(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 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:69656.78238.
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 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 board of governors shall carry out the functions specified in Section 70901 and local districts shall carry out the functions specified in Section 70902. 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 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 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, 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 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) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies.
(5) 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:
(A) (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.
The
(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.
(B) To the extent authorized by law, establish the method for determining and allocating the state general apportionment.
(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.
(6) 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.
(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 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, 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 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 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.
(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.
SEC. 24.
Section 70901.1 of the Education Code is repealed.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.
The
(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 the provisions 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 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, 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 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 and to ensure that these opinions are given every reasonable consideration, and the right to participate effectively in district and college governance, and 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 Assess required student fees as it is required to establish established by law, and, in its discretion, fees as it is establish authorized to establish by law fees.
(10) In its discretion, receive and administer gifts, grants, and scholarships 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, 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; provided, however, that the governing designate. However, the 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) 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 16 voting members and one nonvoting member, appointed by the Governor, as follows:
(a)Thirteen
Thirteen members, each appointed 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) One voting student member, and one nonvoting student member, who exercise their duties in accordance with the procedure set forth in paragraph (3).
(B) 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 their terms, or until a replacement has been named. A student member shall be enrolled in a community college at least one semester 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 from a list of names of at least three persons submitted to the Governor by the 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 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 and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college on or after January 1 of the second year of 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 tenured faculty members from a community college, who shall be appointed for two-year terms. The Governor shall appoint each faculty member from a list of names of at least three 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) 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.
(f) The 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.SEC. 29.
Section 71002 of the Education Code is amended to read:71002.
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 public community colleges California Community Colleges.SEC. 30.
Section 71003 of the Education Code is repealed.SEC. 31.
Section 71004 of the Education Code is repealed.SEC. 32.
Section 71020 of the Education Code is amended to read:71020.
The 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, every three years, commencing July 1, 1989, 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 in enacting this section to foster the creation, implementation, and phase-in of to accomplish both of the following:(1) 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 is further the intent of the Legislature
(2) 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 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.SEC. 36.
Section 71024 of the Education Code is repealed.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, 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 provisions of this
(b) (1) 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.
(b)Nothing, nor shall it limit the authority provided to community college districts under Section 72000.
(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.
(c)The board of governors shall report to the Legislature by January 1, 1998, on its progress in implementing this common course numbering system.
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 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
78280.
(a) In accordance with Section 32500, it 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 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. 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
(b) 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, who serve on study teams, task forces, or similar groups formed by the board of governors or by the chancellor’s office and who, as official student, faculty, staff, or official representatives in these capacities, attend meetings of any association, organization, or agency 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.SEC. 43.
Section 71049 of the Education Code is repealed.SEC. 44.
Section 71050 of the Education Code is amended to read:71050.
The Board of Governors of the California Community Colleges(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. The Board of Governors of the California Community Colleges(b) The 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.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.SEC. 48.
Section 71092 of the Education Code is repealed.SEC. 49.
Section 71094 of the Education Code is amended and renumbered to read:71094.The chancellor’s office
71053.
The 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, 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)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.
(D)The provisions of this section shall 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, so long as the name is not used in additional, different ways.
(E)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.
(5)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)Meetings of the governing board shall be held as follows:
(1)Within 20 days after the appointment of the community college board provided for by Section 72023, the board of governors shall call an initial organizational meeting of the board by giving at least 10 days’ notice by registered mail to each member, for the purposes of organizing the community college board.
At the initial organizational meeting the community college 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. 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 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.
(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)Subject to this section, the governing board of any community college district shall hold regular monthly 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)The governing board shall conduct its meetings as follows:
(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)Except as otherwise provided by law, the governing board shall act by majority vote of all of the membership constituting the governing board.
(4)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 shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken.
(5)Notwithstanding any other provision of law, if a community college district governing board consists of seven 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 unanimous action of all or a specific number of the members elected or appointed to
(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.
(4) 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 October 14, 1991, so long as the name is not used in additional, different ways.
(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, or other employment whatsoever.
(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.
(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 governing board.
(B) At the initial organizational meeting, the 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 district.
(2) The governing board of each community college district shall hold an annual organizational 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 at either of the next two regular meetings following the date upon which a 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 as though an election were conducted.
(3) The governing board shall hold regular monthly meetings, and shall fix the time and place for its regular meetings.
(f) The governing board shall 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.
(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.
(2) Every official action taken by the governing board shall be affirmed by a formal 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.
(3) Notwithstanding any other provision of law, if a governing board consists of seven 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 provision of law requires the unanimous action of all or a specific number of the members 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 race, ethnic group identification, age, religious creed, color, national origin, ancestry, handicap, or sex 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 race, creed, color, sex, religion, or national origin ethnic group identification, creed, age, religion, color, national origin, ancestry, disability, or gender. This section does not apply to any public funds which have been paid to an individual officer or employee of the district as salary, or to any funds 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.
When
(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.
Subject 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, the governing board of a community college district in which trustee areas have been provided under this section.
When
(d) 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 governing 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 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;
(b)Election,.
(2) 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
, 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.
In
(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 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.
(c) 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) 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 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.The as specified in subdivision (b).
(2) The students selected to serve on the governing 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. A student member shall be required, when standing for election and throughout the term of 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 the student members shall be one year commencing on June 1 of each year.
The nonvoting student members appointed pursuant to this section shall be entitled to mileage allowance to the same extent as regular members, but are not entitled to the compensation prescribed by Section 72425.
A
(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. 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.
The
(4) The nonvoting student member shall not be included in determining the vote required to carry any measure before the governing board.
The
(5) The nonvoting student member shall not be liable for any acts of the governing board.
(b) Notwithstanding subdivision (a), the 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 Section 72425 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 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.
SEC. 57.
Section 72025 of the Education Code is repealed.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.
Upon
(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.
At
(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.
The.
(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.”
If
(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, 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 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 first Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the 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 of this section shall apply (a) 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) Members of the governing board of the Los Angeles Community College District shall be elected at large in the manner established by Chapter 62 of the Statutes of 1968 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.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 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 (a) 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:(a)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.
(b)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 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.
(g) 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.
(2) 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.SEC. 68.
Section 72122 of the Education Code is repealed.SEC. 69.
Section 72129 of the Education Code is repealed.SEC. 70.
Section 72203.5 of the Education Code is amended and renumbered to read: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 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.SEC. 72.
Section 72207 of the Education Code is repealed.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.
The
(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:72330.5.72333.
(a) It is the intent of the Legislature to ensure the safety of 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) After July 1, 2000, every school security officer employed by a community college district who works more than 20 hours a 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 7583.31 of the Business and Professions Code. If 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.
(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 district property of any kind or to report any unlawful activity to the district and local law enforcement.
(d) No security officer shall be employed or shall continue to be employed by the district after July 1, 2000, until both of the following conditions have been met:
(1) (A) The applicant or employee has submitted to the district two copies of his or her fingerprints on forms or electronically, as prescribed by the Department of Justice. The 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.
(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 his or her fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.
(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.
(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.
The
(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.
(e)
(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.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
certificated academic personnel of the district to perform noninstructional work
which that serves to assist
such certificated the academic personnel in
the performance of teaching and administrative responsibilities.
Such a A nonteaching volunteer aide shall not be an employee of the 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.
No
(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; nor may a position. A district may not refuse to employ a person in a vacant classified position and use volunteer aides in lieu thereof.
It is the intent of the Legislature to permit community college districts to use volunteer aides to enhance its educational program but not to permit displacement of
(c) Volunteer aides may be used to enhance a district’s educational program, but not to displace classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements.
SEC. 79.
Section 72403 of the Education Code is repealed.SEC. 80.
Section 72423 of the Education Code is repealed.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 average daily attendance full-time equivalent students (FTES) for the prior school 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 average daily attendance FTES for the prior school 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 average daily attendance FTES for the prior school 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 average daily attendance FTES for the prior school 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 average daily attendance FTES for the prior school 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 average daily attendance FTES in all of the community colleges of the district in the school college year in which the organization or reorganization became effective pursuant to Section 4062 74250 shall be deemed to be the average daily attendance 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.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 Section 70902 and, where applicable, by Sections 989 to 991.2, inclusive, 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 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 such 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, 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, or the district that employs him or her, is a party, or the acceptance by any member of the governing 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
71052.
(a) The 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 of Governors or the board of governors or 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.
(2)“District governing board” includes the Board of Governors of the California Community Colleges board of governors in a manner other than pursuant to this section.
(2) 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 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 publish an audited statement of their financial condition which 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. 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 compliance with this requirement.(b)When an auxiliary organization primarily serves a single community college of the district, the president of that community college, and when an auxiliary organization primarily serves a district, the superintendent 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 auxiliary organization.
(c)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 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 and benefits for the full-time employees of each auxiliary organization which are comparable to those provided district employees performing similar services; provided, however, that 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 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.
(2) An auxiliary organization shall annually publish an audited statement of 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 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 the requirements of this paragraph.
(b) When an auxiliary organization primarily serves a single community college of the district, the chief administrative officer of that community college, and when an auxiliary organization primarily serves a district, the 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.
(2) The accounting procedures of an auxiliary organization 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, and benefits for the full-time employees of each auxiliary organization that are comparable to those provided district employees performing similar 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.
(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.
Notwithstanding
(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.
This
(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
, 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.
Each
(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.
No
(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.
Each
(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.
The
(b) The district governing board in consultation with the board of governors and the boards of directors of the various auxiliary organizations described in Section 72673, shall accomplish all of the following:
(a)
(1) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of such these auxiliary organizations.
(b)
(2) Implement financial standards which will assure ensure the fiscal viability of such the various auxiliary organizations. Such 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.
(c)
(3) Institute procedures to assure ensure that transactions of the auxiliary organizations are within the educational mission of the district.
(d)
(4) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement subdivision (b). Uses of such 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.
Any
(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.SEC. 96.
Section 72679 of the Education Code is repealed.SEC. 97.
Section 72682 of the Education Code is amended to read:72682.
An auxiliary organization which 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 such the time, if any, as that the organization is approved recognized pursuant to this article.SEC. 98.
Section 76000 of the Education Code is repealed.SEC. 99.
Section 76001 of the Education Code is amended and renumbered to read: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.
(d) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time student 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.
(b)
(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.
(c)
(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.
(d)
(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.
(e)
(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.
(f)
(i) If the governing board denies a request for a special full-time enrollment 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.
(g)
(j) The attendance of a pupil at a community college as a special full-time student pursuant to this section is authorized attendance, for which the community college shall be credited pursuant to Section 48800.5.
(h)
(k) The governing board of a community college district 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.
(i)
(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.
(j)
(m) 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.
(k)
(n) Subdivisions (a) to (g), (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.
For the purposes of receiving state apportionments, a A community college district may include high school pupils who attend a community college within the district pursuant to Sections 48800 and 76001 in the district’s report in its reports of full-time equivalent students (FTES) any high school pupils admitted pursuant to Chapter 5 (commencing with Section 48800) of Part 47 only if those pupils are enrolled in community college classes that are open to the general public.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.
The
(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.
The
(c) The president of the community college shall report all suspension of students to the governing board or to the district superintendent.
Whenever
(d) Whenever a minor 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.
Nothing
(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 (c) (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.
If
(b) If the student removed by an instructor is a minor, 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:(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.
SEC. 107.
Section 76036 of the Education Code is repealed.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
, 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.
The
(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.
A community college
(c) A 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 of the California Community Colleges 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.
The
(b) (1) 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 of governmental affairs representatives who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of the state government and federal governments. The chief fiscal officer of the community college
(2) The 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.
The
(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 of the California Community Colleges board of governors, and shall be open to all regularly enrolled students of the community college.
A
(d) A student may, for religious, political, financial, or moral reasons, refuse to pay the student representation fee established under this section. The 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 as provided by the college, which, as determined by the 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.
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 both of the following requirements:(a) The student shall be enrolled in the community college at the time of standing for election, and throughout his or her term, with a minimum of five semester units, or its equivalent.
(b) The student shall meet and maintain the minimum standards of scholarship prescribed for community college students by the community college by the district.
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, 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.
The funds shall be expended subject to procedures that may be established by 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
(f) (1) Investment of money in permanent improvements to 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. 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 as provided in this section. 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.
(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.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
(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 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 and may distribute bulletins and circulars concerning its meetings, provided that there is no endorsement of such the organization by the school college authorities and no interference with the regular educational program of the school 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. 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:76121.72013.
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 and shall charge a tuition fee to nonresident students. The district may exempt from all or parts of the fee any person described in paragraph (1) or, (2), 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) 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.
(b) A 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 (k) or another statute, in which case a nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than 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.
(e) (1) The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year (1) the, one or more of the following:
(A) The amount that was expended by the district for the expense of education as defined by the California Community 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 district in the preceding fiscal year, (2) the.
(B) The expense of education in the preceding fiscal year of all 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 districts during the preceding fiscal year, (3) an.
(C) An amount not to exceed the fee established by the governing board of any contiguous district, or (4) an.
(D) An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in paragraph (2). However, if subparagraph (B).
(2) 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 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 of each community college district shall consider nonresident tuition fees of public community colleges in other states.
(h) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.
(i) Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity participates in an interstate attendance agreement with California under Chapter 10 (commencing with Section 66800) of Part 40 governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.
(j) Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity participates in an interstate attendance agreement with California 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 from the mandatory fee requirement described in subdivision (a) for nonresident students.
(k) The attendance of nonresident students who are exempted pursuant to subdivision (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 pursuant to subdivision (i) or (j) shall pay a fee of forty-two dollars ($42) per course unit, in lieu of the nonresident tuition fee prescribed herein. That fee is to 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 76330 76300 for purposes of computing apportionments.
SEC. 119.
Section 76140.5 of the Education Code is repealed.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.
(2) The district may charge 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. Any
(b) Any fee charged pursuant to this section shall not exceed 50 percent of the nonresident tuition fee established pursuant to Section 76140. Any
(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.
(d) 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 a fee authorized by this section.
For purposes of this subdivision, the
(e) The governing board of each community college district that chooses to impose the charge 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 Aid to Families with Dependent Children program 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.
(b)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.SEC. 122.
Section 76143 of the Education Code is repealed.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 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 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 within the state, and to revise generally and update the law relating to such records 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.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, 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, if 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.
(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.SEC. 130.
Section 76223 of the Education Code is repealed.SEC. 131.
Section 76224 of the Education Code is amended and renumbered to read: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.
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 thereof shall be transferred by the former community 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 his or her right to receive a copy of the record and his or her right to a hearing to challenge the content of the record.
The board of governors may adopt rules and regulations concerning transfer of these records to, from, or between colleges under its jurisdiction.
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.
Each
(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.
If
(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.
If
(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, 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.
If
(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.
The
(3) The decision of the governing board shall be final.
Records
(4) Records of these administrative proceedings shall be maintained in a confidential 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, 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 assualt assault or physical abuse 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) Community college districts shall adopt a policy identifying those categories of directory information as defined
in subdivision (b) of Section 76210 which under Section 1232g of Title 20 fo the United States Code 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,
Sections 60670 to 60672, inclusive, 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; 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.
Any
(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.
Directory
(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 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.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 under judicial order except
that access may be permitted to the following:(1)Officials and employees of the community college, if that person has 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 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.
(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)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 as authorized by federal law.
No
(b) No person, persons, agency or organization permitted access to student records pursuant to this section shall permit access to any information obtained from those records by any other person, persons, agency or organization without the written consent of the student, provided that this paragraph 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 student record pertaining to any student 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.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 twelve dollars ($12) per unit per semester, effective with the fall term of the 1998–99 academic year, and eleven dollars ($11) per unit per semester effective with the fall term of the 1999–2000 academic year.
(2) The chancellor board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter 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 chancellor 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, the chancellor board of governors shall 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 chancellor 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 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 average daily attendance 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) 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 Aid to Families with Dependent Children Temporary Assistance to Needy Families program, the Supplemental Security Income/State Supplementary Program, or a general assistance 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 of a community college district also shall waive the fee requirements of this section for any student who demonstrates eligibility according to income standards established by the board of governors and contained in Section 58620 of Title 5 of the California Code of Regulations regulations of the board of governors.
(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a 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) (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) 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) 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) 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. 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.
(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 that is offered pursuant to Section 3074 of the Labor Code in accordance with the instructional hours 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.
The
(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 the board of governors and contained in Section 58620 of Title 5 of the California Code of Regulations 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.
Authorized
(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, 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 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
employers employees of the district to pay a fee, in an amount not to exceed forty dollars ($40) per semester and twenty dollars ($20) per 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.
To
(2) To encourage ridesharing and carpooling, 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, the fee shall not exceed thirty dollars ($30) per semester and ten dollars ($10) per intersession.
(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:
(1)
(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.
(2)
(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.
If
(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 twenty dollars ($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 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 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 at the campus of the community college district. However, the employees shall not be entitled to use the services.
(c) If, pursuant to this section, a fee is required of students for transportation 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. 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 that provide for the exemption of others.
(d) 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 sixty dollars ($60) per semester or thirty dollars ($30) per intersession, or the proportionate equivalent for part-time enrollment.
(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.
(f) This section does not apply to, and no fee shall 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.
(a) (1)
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.
The
(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) The board of trustees (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. The(2) The fee shall be imposed by the board of trustees 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 Chancellor 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 schoolday college day, and at least 20 percent of the students enrolled in credit classes as of October 1 of the school college year during which the election is held must cast a ballot for the election to be declared valid. The
(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 84711 84757. The fee requirement shall not apply to a student who is a recipient of the benefits under the Aid to Families with Dependent Children Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Program, or the General Assistance program.
The
(4) The fee authorized by this section shall be supplemental to all other fees charged to community college students.
If
(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) The chief fiscal officer of each community college 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 chief fiscal officer 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 chief fiscal officer of the appropriate district 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 the Internal Revenue 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 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:76401.76250.
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 proper secrecy 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 ensure proper confidentiality in connection with 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:76403.76252.
(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, 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 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.
(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:76407.76254.
(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, 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.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 by the community college, or both, by the 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 84711 84757.
(d) “Not-for-credit” refers to classes, including community services classes, that are offered without credit and which that are not eligible for apportionments pursuant to Section 84711 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.
The
(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.
The
(c) The attendance of students in these contract education programs shall not be included for purposes of calculating the average daily attendance full-time equivalent students (FTES) for apportionments to these districts, unless all statutory and regulatory conditions for generating average daily attendance 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.SEC. 158.
Section 78032 of the Education Code is amended to read:78032.
(a) Notwithstanding Section 78031, the 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) (A) “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:
(A)
(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.
(B)
(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.
“Recruiting”
(B) “Recruiting” does not 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 certificated academic 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 Matriculation Act of 1986.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) Ensure that students receive the educational services necessary to optimize their opportunities for success.
(c) 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.
(d) Ensure that community college districts 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 Board of Governors of the California Community Colleges shall initially provide for full implementation of the matriculation services specified in Section 78212 in as many community colleges as the funds appropriated for this purpose allow.(b)Because of the need to develop and evaluate data on a standard statewide basis concerning the implementation and effectiveness of the matriculation services described in this article, 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 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) 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 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 realizing the student’s educational objectives. The agreement involves the responsibilities of both parties to attain those objectives through the college’s established programs, policies, and requirements.
It is the intent of the Legislature that the matriculation process facilitate, rather than restrict, student access to community college instruction.The
(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.
(b) Matriculation services to be made available by the colleges shall be defined by standards adopted by the board of governors, and shall include, but are not limited to, all of the following:
(1) Processing of the application for admission.
(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.
(3) Assessment and counseling upon enrollment, which shall include, but not necessarily be limited to, all of the following:
(A) Administration of assessment instruments to determine student competency in computational and language skills.
(B) Assistance to students in the identification of aptitudes, interests and educational objectives, including, but necessarily not limited to, associate of arts degrees, transfer for baccalaureate degrees, and vocational certificates and licenses.
(C) Evaluation of student study and learning skills.
(D) Referral to specialized support services as needed, including, but not necessarily limited to, federal, state, and local financial assistance; health 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 78230); campus child care services provided pursuant to Article 4 (commencing with Section 8225) of Chapter 2 of Part 6; programs that teach English as a second language; and disabled student services provided pursuant to Chapter 14 Article 2 (commencing with Section 67300) of Part 40 78240).
(E) Advisement concerning course selection.
(4) Postenrollment evaluation of each student’s progress, and required advisement or counseling for students who are enrolled in remedial courses, who have not declared an educational 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.
(c) The board of governors shall establish criteria for exempting students from participation in orientation, assessment testing, or required counseling or advisement under this article.
(d) 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.SEC. 165.
Section 78213 of the Education Code is amended to read:78213.
(a) No district or college 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 pursuant to the policies and procedures developed pursuant to this section and the intent of this article. 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 to ensure that they meet all of the following requirements:
(1) Assessment instruments shall be sensitive to cultural and language differences between among students.
(2) Assessment instruments shall be used as an advisory tool to assist students in the selection of an educational program.
(3) Assessment instruments shall not be used to exclude students from admission to community colleges.
(c) The board of governors shall establish an advisory committee to review and make recommendations concerning all assessment instruments used by districts and colleges pursuant to this article.
SEC. 166.
Section 78214 of the Education Code is amended to read:78214.
(a) All participating districts shall, with the assistance of the chancellor, establish and maintain institutional research to evaluate the effectiveness of the matriculation services described by this article and of programs and services designed to remedy students’ skills deficiencies.(b) The data base for this research shall include, but not necessarily be limited to, all of the following:
(1) Prior educational experience, including transcripts when appropriate, as determined by the chancellor.
(2) Educational objectives.
(3) Criteria for exemption from assessment or required counseling or advisement, if applicable.
(4) Need for financial assistance.
(5) Ethnicity, sex, and age.
(6) Academic 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 educational goals.
(2) Assisting institutions in the assessment of students’ educational needs.
(3) Matching institutional resources with students’ educational needs.
(4) Providing students with specialized support services as referred to in subdivision (b) of Section 78212.
SEC. 167.
Section 78215 of the Education Code is repealed.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 counseling, assessment, and other student services, but that adequate student matriculation cannot be realized without supplemental funding support.(b) The board of governors shall develop a formula for 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 necessarily be limited to, all of the following considerations:
(1) The number of students to who would receive matriculation services at each college.
(2) The 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 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 funds for matriculation services be expended only for services approved by the board of governors.
(5)The requirement that any district or college receiving funding pursuant to this section agree to implement this article during the period in which it receives that funding.
(6)The need for computer hardware and software to provide approved matriculation services, and for institutional research personnel for ongoing evaluation.
(c) The board of governors shall require participating colleges to develop a plan for student matriculation that reflects all of the following:
(1)A method for providing the services specified in Section 78212.
(2)The college budget for the matriculation services pursuant to Sections 78212 and 78214.
(3)The development and training of staff and faculty to implement the matriculation services.
(4)In multicampus districts, the coordination of the college matriculation plan with other college plans.
(5)Computerized information services and institutional research and evaluation necessary for implementation of this article.
(d)The board of governors may allocate up to 5 percent of the total funds appropriated for 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.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 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 Department of Aeronautics 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 assure 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 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 any community college district may, without the approval of the Board of Governors of the California Community Colleges, establish and maintain community service classes in civic, vocational, literacy, health, 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 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 therein.(b) Community service classes shall be open for the admission of adults and of those minors as in the judgment of the governing board may profit 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 and shall collect data and maintain uniform accounting procedures to ensure that General Fund moneys are not used for community services classes.
SEC. 178.
Section 78401 of the Education Code is amended to read:78401.
(a) The governing board of any a community college district shall have power may, with the approval of the board of governors, to establish and maintain classes for adults for the purpose of providing instruction in civic, vocational, literacy, health, 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 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 community college a district maintaining an adult school shall prescribe the requirements for the granting of diplomas.
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 1st, the 1.
(2) The third Monday in January, commencing in the 1989–90 fiscal year, known as “Dr. Martin Luther King, Jr. Day,” Day.”
(3) February 12th 12, known as “Lincoln Day,” the Day.”
(4) The third Monday in February known as “Washington Day,” Day.”
(5) The last Monday in May known as “Memorial Day,” July 4th, the Day.”
(6) July 4.
(7) The first Monday in September known as “Labor Day,” Day.”
(8) November 11th 11, known as “Veterans Day,” that Day.”
(9) That Thursday in November proclaimed by the President as “Thanksgiving Day,” and Day.”
(10) December 25th 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, may 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) 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.
(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 that (1) if 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, or (2) if.
(2) If Lincoln Day falls on a 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 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 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) 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.SEC. 181.
Section 79120 of the Education Code is repealed.SEC. 182.
Section 79121 of the Education Code is amended to read:79121.
(a)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 the community college in the 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.
(c) Evidence of collaboration with local partners, such as employers, private industry councils, regional occupational programs, adult education providers, and affected 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 39140) 17280) and Article 6 (commencing with Section 39210) 17365) of Chapter 2 3 of Part 23 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.
A
(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.
The subdivision (a).
(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.
Any
(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 that it 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. The
(2) The 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.SEC. 189.
Section 81808 of the Education Code is amended and renumbered to read: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 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.
(d)For services rendered for the review of plans and specifications of a proposed project, the board of governors shall charge a reasonable fee as established by it.
(e)Approve Review and approve plans and specifications submitted by governing boards of community college districts, and return 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.
(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.
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 the property
as a building site at an unspecified future date
, as a building site.
The
(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, 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, 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) “Bonds” or “revenue bonds” 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 these obligations.
(c) “Community college” means a community college maintained by the district issuing bonds under this chapter.
(c)
(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) “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 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 an outstanding revenue bond or bond that shall at the time be registered other than to bearer.
(g) “Indenture” means an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether 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 thereof, but does not include the state or any public corporation, political subdivision, city, county, district, or any agency thereof or of the state.
(i) “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 these facilities, which 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.
(d)“Bonds” or “revenue bonds” mean 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 obligations.
(e)
(j) “Revenues” mean and include 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 any such the revenue as 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.
(f)“Holder of bonds” or “bondholder” or any similar terms mean 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 outstanding revenue bond or bond which shall at the time be registered other than to bearer.
(g)“Indentures” mean an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether such 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 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.
(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.
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, 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, 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, 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(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, instructors 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 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 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 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 district. The board of governors 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, 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, 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 such 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.
(e)The board of governors shall review results of district audits, take necessary actions to resolve audit exceptions, and make management improvement recommendations, as appropriate.
(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 87488 and 22714 and 87488 shall reimburse the Department of Finance for any related administrative costs incurred by the Department of Finance 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 failed to file their audits pursuant to Section exceptions, a list of districts 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. 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)The board of governors shall certify
(1) The 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.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 which that involve internships and experiential learning opportunities.
(B) Individualized instructional programs which that require student development of learning objectives through learning contracts.
(C) Instructional programs which 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.(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.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. It(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 and staff 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, beginning with the budget request for the 1991–92 fiscal year.In developing the criteria and standards, the board of governors shall utilize and strongly consider the guidelines and work products of the Task Force on Community College Financing as established pursuant to Chapter 1465 of the Statutes of 1986, and shall complete the development of these criteria and standards, accompanied by the necessary procedures, processes, and formulas for utilizing its criteria and standards, by March 1, 1990, and shall submit on or before that date a report on these items to the Legislature and the Governor.
The board of governors shall develop 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 preliminary amount per noncredit full-time equivalent student (FTES) for 1991–92 shall be equal to the comparable amount for 1990–91 from the previous fiscal year, with increases corresponding to the cost of living 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 preliminary 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 (e) (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 such other factors as 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) For fiscal year 1991–92 or on the date Section 84750 is implemented by the board of governors in accordance with Section 70 of Chapter 973 of the Statutes of 1988, whichever is later, all districts shall receive at least the amount of revenue to which they would have been entitled pursuant to Article 1 (commencing with Section 84700) of Chapter 5 of Part 50. Thereafter, 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 subdivision (a) of Section 84750, the
chancellor board of governors shall subtract, from the total revenues owed, all of the following:
(a)
(1) The local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption.
(b)
(2) Ninety-eight percent of the fee revenues collected pursuant to Sections 76300 and 76330 Section 76300.
(c)
(3) Timber yield tax revenues received pursuant to Section 38905.1 of the Revenue and Taxation Code.
(d)
(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 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.
(e)Ninety-eight percent of the revenues received through collection of a student fee from a student enrolled in the district who registered or enrolled between July 1, 1995, and the date this act becomes operative.
(f)This section shall become operative on January 1, 1997.
(b) 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.
SEC. 214.
Section 84752 of the Education Code is repealed.SEC. 215.
Section 84753 of the Education Code is repealed.SEC. 216.
Section 84754 of the Education Code is amended to read:84754.
(a) The Partnership for Excellence program is hereby 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 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, work force 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 Chancellor of the California Community Colleges 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 Chancellor of the California Community Colleges 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, and shall only be spent to improve student learning and success as determined by the Board of Governors of the California Community Colleges which 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 of the California Community Colleges 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. On or before April 15, 2000, the 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 of the California Community Colleges 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 Chancellor of the California Community Colleges, who 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 chancellor board of governors may provide technical assistance to districts, as he or she 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 Chancellor of the California Community Colleges board of governors all information necessary to quantify baseline performance and annually report changes in outcome measures to the chancellor if, in the judgment of the chancellor, 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 of the California Community Colleges 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, 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 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.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)
84757.5.
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) Notwithstanding open course provisions in statute or regulations of the board of governors, the governing board of a community college district that provides classes for inmates of any city, county, or city and county jail, road camp, farm for adults, or federal correctional facility may include the units of full-time equivalent student (FTES) generated in those classes for purposes of state apportionment. The attendance hours generated by credit or noncredit shall be added and counted for apportionment purposes as noncredit attendance hours.(b) 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. When computing apportionments for districts that provided inmate education programs in the 1994–95 fiscal year, the student workload measures generated and revenues received for that year shall be added to their noncredit base revenue and noncredit base workload measures for the following year.
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
78240.
(a) The 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 Chapter 14.2 Article 3 (commencing with Section 67310) of Chapter 14 of Part 40.
(b) As used in this section, “disabled students” “students with disabilities” are persons with exceptional needs 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 enrolled in state-supported educational students with disabilities enrolled in district programs or courses. Direct excess costs are those actual fixed, variable, and one-time costs, as defined in Section 67312, which 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.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 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 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.
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 such the district in writing of such conclusion and he 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 recommendation to the governing board of the 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. Such 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 such the report, notify the county superintendent of schools of its proposed actions on his those recommendations. SEC. 226.
Section 85237.5 of the Education Code is amended to read:85237.5.
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. The governing board shall, no later than 15 days after receipt of such 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 to him by the county superintendent of schools. If he or she allows the order and requisition, he 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 auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number which he gives given to the warrant, and file it in his or her office. He The auditor shall thereupon return the order, requisition, and 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 his order.Any 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 school 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 such that action by the county auditor.
“Requisition,”
(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.SEC. 230.
Section 85240 of the Education Code is amended to read:85240.
(a) In lieu of drawing
his a warrant as provided in Section 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 naming the community college district
, and shall show
, the payee, the payee and date of issue, as well as other information deemed appropriate by the auditor.
The
(b) The auditor shall draw such the separate warrant by signing it and no other signature shall be required. Thereupon the 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 his order the order of the payee, or with the approval of the governing board of the district, shall transmit it to the payee.
The
(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 (to, to be known as the 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 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.
The
(b) The county superintendent shall prescribe rules for community college districts he determines 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
not requiring certification qualifications 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 inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.
The
(b) The governing board of each community college district which has an average daily attendance of 5,000 or more that has 5,000 or more FTES, and the governing board of each district with an average daily attendance of 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 the provisions of this section applicable to the board, whenever a majority of the employees of the district employed full time in positions not requiring certification qualifications that are not academic positions petition the board in writing to do so.
The
(c) The governing board of a community college district which has an average daily attendance of less than 5,000, other than such a school that has less than 5,000 FTES, other than a 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 not requiring certification qualifications, make the provisions of that are 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
Articles Article 4 (commencing with Section 85230) and
Article 5 (commencing with Section 85260)
of this chapter shall be performed by the county superintendent of schools.
A
(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.
Notwithstanding
(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 which 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.
This
(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, he the county superintendent shall endorse on the order the words “Not approved for want of 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 which drew the order, and it that drew the order. The governing board shall deliver the registered order to the payee or his or her order. From the date of 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. He 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. He 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 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 the county treasurer shall endorse, register, advertise, and pay 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 certificated academic service.SEC. 242.
Section 87100 of the Education Code is amended to read:(a)The Legislature finds and declares that:
87100.
(a) all of the following:(1) Generally, California Community Colleges 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.
(b)
(2) It is educationally sound for the minority student attending a racially impacted school 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 which that can be provided, in part, by having minority classified and academic employees at schools 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.
(c)
(3) 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 such these persons.
(d)
(4) Lessons concerning democratic principles and the richness which 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.
It
(b) It is the intent of the Legislature to establish and maintain a policy of equal opportunity in employment for all persons and to prohibit discrimination based on race, sex ethnic group identification, gender, color, religion, age, handicap disability, ancestry, or national origin in every aspect of personnel policy and practice in employment, development, advancement, and treatment of persons employed in the public school community college system, and to promote the total realization of equal employment opportunity through a continuing affirmative action employment program.
The
(c) The Legislature recognizes that it is not enough to proclaim that public employers do not discriminate in employment but that effort must also be made to build a community in which opportunity is equalized. It is the intent of the Legislature to require educational agencies community colleges to adopt and implement 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) Whenever the governing board of a community college district, by formal 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 of the district would be served by encouraging the retirement of academic employees and that the retirement will either: result in a net savings to the district; result in a reduction of the number of academic employees as a result of declining enrollment; or result in the retention of faculty who are qualified to teach in areas of teacher shortage, including, but not limited to, mathematics and science, an An additional two years of service shall be credited to an academic employee under the State Teachers’ Retirement Defined Benefit Program to an academic employee, pursuant to Section 22714 if all of the following conditions exist:(1) The governing board of the community college district, by formal action taken prior to January 1, 1999, determines that, because of impending curtailment of or changes in the manner of performing services, the best interest of the district would be served by encouraging the retirement of academic employees and that the retirement will result in 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.
(2)
(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. The
(B) The payment for purchasing power shall be deposited in the Supplemental Benefit Maintenance Account established by Section 22400, and shall be subject to Sections 24414 and 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 community college district shall make the payment with respect to all eligible employees who retired pursuant to this section and Section 22714.
(3)
(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.
(4)
(5) The governing board of the community college district has considered the availability of academic employees to fill the positions that would be vacated pursuant to this section.
(b) (1) The community college district shall demonstrate and certify to the chancellor’s office board of governors that the formal action taken would result in either: (A) a any of the following:
(A) A net savings to the district; (B) a.
(B) A reduction in the number of academic employees as a result of declining enrollment, as computed pursuant to subdivision (c) of Section 84701; or (C) the.
(C) The retention of faculty who are qualified to teach in teacher shortage disciplines.
(2) The chancellor board of governors shall certify to the Teachers’ Retirement Board that the results 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 clause subparagraph (B) of paragraph (1) shall also certify that it qualifies as a declining enrollment district as computed pursuant to subdivision (c) of Section 84701.
(3) The chancellor 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 community college 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. An(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 certificated academic employees employed for less than five schooldays a week; pay 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. Credit
(b) Credit for leave of absence need not be accrued prior to taking leave by the 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.
The
(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.
Nothing
(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.
Section
(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 a week or to the proportion of 10 days of absence to which the employee employed less than five days 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.
Any (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; or, any.
(2) A certificated employee of any county superintendent of schools who accepts an academic position in a community college district; shall have transferred with him or her to the second position his or her accumulated leave or absence for illness or injury. The.
(b) 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, governing the personnel management of the classified 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 which that shall not exceed one year. A permanent employee who accepts a promotion and, and who fails to complete the probationary period for that promotional classification, shall be employed in the position from which he or she was promoted.(b) 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 which that shall contain a provision for informing the employee by written notice of the specific charges against 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) No disciplinary action shall be taken for any cause that arose 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) Nothing in this section shall 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 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) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
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 next September next succeeding.
(b)For 10.
(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 next August 10 and the 10th day of September next succeeding.
(c)For 10.
(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.
If 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.
Once
(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.
This
(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.
This
(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.
This
(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 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 76243 76200, Education Code.
Student, community college, record contents, records of administrative hearing to change contents, confidentiality of, Section 76232 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 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 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.
The
(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 and 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 assure 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, 52520, and 78016 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 Section 38045 and 82321 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 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.
This
(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
combinations 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.